[Congressional Record Volume 144, Number 149 (Monday, October 19, 1998)]
[House]
[Pages H11044-H11545]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    CONFERENCE REPORT ON H.R. 4328, MAKING OMNIBUS CONSOLIDATED AND 
       EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR FISCAL YEAR 1999

  Mr. LIVINGSTON submitted the following conference report and 
statement on the bill (H.R. 4328) making omnibus consolidated and 
emergency supplemental appropriations for fiscal year 1999:

                    Conference Report (H. Rept. 825)

       The committee of conference on the disagreeing votes of the 
     two Houses on the amendment of the Senate to the bill (H.R. 
     4328) ``making appropriations for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 1999, and for other purposes'', having 
     met, after full and free conference, have agreed to recommend 
     and do recommend to their respective Houses as follows:
       That the House recede from its disagreement to the 
     amendment of the Senate, and agree to the same with an 
     amendment, as follows:
       In lieu of the matter stricken and inserted by said 
     amendment, insert:

            DIVISION A--OMNIBUS CONSOLIDATED APPROPRIATIONS

       That the following sums are appropriated, out of any money 
     in the Treasury not otherwise appropriated, for the several 
     departments, agencies, corporations and other organizational 
     units of the Government for the fiscal year 1999, and for 
     other purposes, namely:
       Sec. 101(a). For programs, projects or activities in the 
     Agriculture, Rural Development, Food and Drug Administration, 
     and Related Agencies Appropriations Act, 1999, provided as 
     follows, to be effective as if it had been enacted into law 
     as the regular appropriations Act:
     An act making appropriations for Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies for the fiscal year ending September 30, 1999, and 
     for other purposes.

                                TITLE I

                         AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary


                     (including transfers of funds)

       For necessary expenses of the Office of the Secretary of 
     Agriculture, and not to exceed $75,000 for employment under 5 
     U.S.C. 3109, $2,836,000: Provided, That not to exceed $11,000 
     of this amount, along with any unobligated balances of 
     representation funds in the Foreign Agricultural Service, 
     shall be available for official reception and representation 
     expenses, not otherwise provided for, as determined by the 
     Secretary: Provided further, That none of the funds 
     appropriated or otherwise made available by this Act may be 
     used to pay the salaries and expenses of personnel of the 
     Department of Agriculture to carry out section 793(c)(1)(C) 
     of Public Law 104-127: Provided further, That none of the 
     funds made available by this Act may be used to enforce 
     section 793(d) of Public Law 104-127.

                          Executive Operations


                            chief economist

       For necessary expenses of the Chief Economist, including 
     economic analysis, risk assessment, cost-benefit analysis, 
     and the functions of the World Agricultural Outlook Board, as 
     authorized by the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1622g), and including employment pursuant to the 
     second sentence of section 706(a) of the Organic Act of 1944 
     (7 U.S.C. 2225), of which not to exceed $5,000 is for 
     employment under 5 U.S.C. 3109, $5,620,000.


                       national appeals division

       For necessary expenses of the National Appeals Division, 
     including employment pursuant to the second sentence of 
     section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), of 
     which not to exceed $25,000 is for employment under 5 U.S.C. 
     3109, $11,718,000.

                 Office of Budget and Program Analysis

       For necessary expenses of the Office of Budget and Program 
     Analysis, including employment pursuant to the second 
     sentence of section 706(a) of the Organic Act of 1944 (7 
     U.S.C. 2225), of which not to exceed $5,000 is for employment 
     under 5 U.S.C. 3109, $6,120,000.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, including employment pursuant to the 
     second sentence of section 706(a) of the Organic Act of 1944 
     (7 U.S.C. 2225), of which not to exceed $10,000 is for 
     employment under 5 U.S.C. 3109, $5,551,000.

                 Office of the Chief Financial Officer

       For necessary expenses of the Office of the Chief Financial 
     Officer, including employment pursuant to the second sentence 
     of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     of which not to exceed $10,000 is for employment under 5 
     U.S.C. 3109, $4,283,000: Provided, That the Chief Financial 
     Officer shall actively market cross-servicing activities of 
     the National Finance Center.

          Office of the Assistant Secretary for Administration

       For necessary salaries and expenses of the Office of the 
     Assistant Secretary for Administration to carry out the 
     programs funded by this Act, $613,000.

        Agriculture Buildings and Facilities and Rental Payments


                     (including transfers of funds)

       For payment of space rental and related costs pursuant to 
     Public Law 92-313, including authorities pursuant to the 1984 
     delegation of authority from the Administrator of General 
     Services to the Department of Agriculture under 40 U.S.C. 
     486, for programs and activities of the Department which are 
     included in this Act, and for the operation, maintenance, and 
     repair of Agriculture buildings, $132,184,000: Provided, That 
     in the event an agency within the Department should require 
     modification of space needs, the Secretary of Agriculture may 
     transfer a share of that agency's appropriation made 
     available by this Act to this appropriation, or may 
     transfer a share of this appropriation to that agency's 
     appropriation, but such transfers shall not exceed 5 
     percent of the funds made available for space rental and 
     related costs to or from this account. In addition, for 
     construction, repair, improvement, extension, alteration, 
     and purchase of fixed equipment or facilities as necessary 
     to carry out the programs of the Department, where not 
     otherwise provided, $5,000,000, to remain available until 
     expended; making a total appropriation of $137,184,000.

                       Hazardous Waste Management


                     (including transfers of funds)

       For necessary expenses of the Department of Agriculture, to 
     comply with the requirement of section 107(g) of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act, 42 U.S.C. 9607(g), and section 6001 of the 
     Resource Conservation and Recovery Act, 42 U.S.C. 6961, 
     $15,700,000, to remain available until expended: Provided, 
     That appropriations and funds available herein to the 
     Department for Hazardous Waste Management may be transferred 
     to any agency of the Department for its use in meeting all 
     requirements pursuant to the above Acts on Federal and non-
     Federal lands.

                      Departmental Administration


                     (including transfers of funds)

       For Departmental Administration, $32,168,000, to provide 
     for necessary expenses for management support services to 
     offices of the Department and for general administration and 
     disaster management of the Department, repairs and 
     alterations, and other miscellaneous supplies and expenses 
     not otherwise provided for and necessary for the practical 
     and efficient work of the Department, including employment 
     pursuant to the second sentence of section 706(a) of the 
     Organic Act of 1944 (7 U.S.C. 2225), of which not to exceed 
     $10,000 is for employment under 5 U.S.C. 3109: Provided, That 
     this appropriation shall be reimbursed from applicable 
     appropriations in this Act for travel expenses incident to 
     the holding of hearings as required by 5 U.S.C. 551-558.


              Outreach for Socially Disadvantaged Farmers

       For grants and contracts pursuant to section 2501 of the 
     Food, Agriculture, Conservation, and Trade Act of 1990 (7 
     U.S.C. 2279), $3,000,000, to remain available until expended.

     Office of the Assistant Secretary for Congressional Relations


                     (including transfers of funds)

       For necessary salaries and expenses of the Office of the 
     Assistant Secretary for Congressional Relations to carry out 
     the programs funded by this Act, including programs involving 
     intergovernmental affairs and liaison within the executive 
     branch, $3,668,000: Provided, That no other funds 
     appropriated to the Department by this Act shall be available 
     to the Department for support of activities of congressional 
     relations: Provided further, That not less than $2,241,000 
     shall be transferred to agencies funded by this Act to 
     maintain personnel at the agency level.

                        Office of Communications

       For necessary expenses to carry on services relating to the 
     coordination of programs involving public affairs, for the 
     dissemination of agricultural information, and the 
     coordination of information, work, and programs authorized by 
     Congress in the Department, $8,138,000, including employment 
     pursuant to the second sentence

[[Page H11045]]

     of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     of which not to exceed $10,000 shall be available for 
     employment under 5 U.S.C. 3109, and not to exceed $2,000,000 
     may be used for farmers' bulletins.

                    Office of the Inspector General


                     (including transfers of funds)

       For necessary expenses of the Office of the Inspector 
     General, including employment pursuant to the second sentence 
     of section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     and the Inspector General Act of 1978, $65,128,000, 
     including such sums as may be necessary for contracting 
     and other arrangements with public agencies and private 
     persons pursuant to section 6(a)(9) of the Inspector 
     General Act of 1978, including a sum not to exceed $50,000 
     for employment under 5 U.S.C. 3109; and including a sum 
     not to exceed $100,000 for certain confidential 
     operational expenses, including the payment of informants, 
     to be expended under the direction of the Inspector 
     General pursuant to Public Law 95-452 and section 1337 of 
     Public Law 97-98: Provided, That for fiscal year 1999 and 
     thereafter, funds transferred to the Office of the 
     Inspector General through forfeiture proceedings or from 
     the Department of Justice Assets Forfeiture Fund or the 
     Department of the Treasury Forfeiture Fund, as a 
     participating agency, as an equitable share from the 
     forfeiture of property in investigations in which the 
     Office of the Inspector General participates, or through 
     the granting of a Petition for Remission or Mitigation, 
     shall be deposited to the credit of this account for law 
     enforcement activities authorized under the Inspector 
     General Act of 1978, to remain available until expended.

                     Office of the General Counsel

       For necessary expenses of the Office of the General 
     Counsel, $29,194,000.

  Office of the Under Secretary for Research, Education and Economics

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Research, Education and Economics to 
     administer the laws enacted by the Congress for the Economic 
     Research Service, the National Agricultural Statistics 
     Service, the Agricultural Research Service, and the 
     Cooperative State Research, Education, and Extension Service, 
     $540,000.

                       Economic Research Service


                     (including transfer of funds)

       For necessary expenses of the Economic Research Service in 
     conducting economic research and analysis, as authorized by 
     the Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) 
     and other laws, $65,757,000: Provided, That $2,000,000 shall 
     be transferred to and merged with the appropriation for 
     ``Food and Nutrition Service, Food Program Administration'' 
     for studies and evaluations: Provided further, That this 
     appropriation shall be available for employment pursuant to 
     the second sentence of section 706(a) of the Organic Act of 
     1944 (7 U.S.C. 2225).

                National Agricultural Statistics Service

       For necessary expenses of the National Agricultural 
     Statistics Service in conducting statistical reporting and 
     service work, including crop and livestock estimates, 
     statistical coordination and improvements, marketing surveys, 
     and the Census of Agriculture, as authorized by the 
     Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627), the 
     Census of Agriculture Act of 1997 (Public Law 105-113), and 
     other laws, $103,964,000, of which up to $23,599,000 shall be 
     available until expended for the Census of Agriculture: 
     Provided, That this appropriation shall be available for 
     employment pursuant to the second sentence of section 706(a) 
     of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $40,000 shall be available for employment under 5 U.S.C. 
     3109.

                     Agricultural Research Service


                     (including transfers of funds)

       For necessary expenses to enable the Agricultural Research 
     Service to perform agricultural research and demonstration 
     relating to production, utilization, marketing, and 
     distribution (not otherwise provided for); home economics or 
     nutrition and consumer use including the acquisition, 
     preservation, and dissemination of agricultural information; 
     and for acquisition of lands by donation, exchange, or 
     purchase at a nominal cost not to exceed $100, and for land 
     exchanges where the lands exchanged shall be of equal value 
     or shall be equalized by a payment of money to the grantor 
     which shall not exceed 25 percent of the total value of the 
     land or interests transferred out of Federal ownership, 
     $785,518,000: Provided, That appropriations hereunder 
     shall be available for temporary employment pursuant to 
     the second sentence of section 706(a) of the Organic Act 
     of 1944 (7 U.S.C. 2225), and not to exceed $115,000 shall 
     be available for employment under 5 U.S.C. 3109: Provided 
     further, That appropriations hereunder shall be available 
     for the operation and maintenance of aircraft and the 
     purchase of not to exceed one for replacement only: 
     Provided further, That appropriations hereunder shall be 
     available pursuant to 7 U.S.C. 2250 for the construction, 
     alteration, and repair of buildings and improvements, but 
     unless otherwise provided, the cost of constructing any 
     one building shall not exceed $250,000, except for 
     headhouses or greenhouses which shall each be limited to 
     $1,000,000, and except for ten buildings to be constructed 
     or improved at a cost not to exceed $500,000 each, and the 
     cost of altering any one building during the fiscal year 
     shall not exceed 10 percent of the current replacement 
     value of the building or $250,000, whichever is greater: 
     Provided further, That the limitations on alterations 
     contained in this Act shall not apply to modernization or 
     replacement of existing facilities at Beltsville, 
     Maryland: Provided further, That appropriations hereunder 
     shall be available for granting easements at the 
     Beltsville Agricultural Research Center, including an 
     easement to the University of Maryland to construct the 
     Transgenic Animal Facility which upon completion shall be 
     accepted by the Secretary as a gift: Provided further, 
     That the foregoing limitations shall not apply to 
     replacement of buildings needed to carry out the Act of 
     April 24, 1948 (21 U.S.C. 113a): Provided further, That 
     funds may be received from any State, other political 
     subdivision, organization, or individual for the purpose 
     of establishing or operating any research facility or 
     research project of the Agricultural Research Service, as 
     authorized by law.
       None of the funds in the foregoing paragraph shall be 
     available to carry out research related to the production, 
     processing or marketing of tobacco or tobacco products.
       In fiscal year 1999, the agency is authorized to charge 
     fees, commensurate with the fair market value, for any 
     permit, easement, lease, or other special use authorization 
     for the occupancy or use of land and facilities (including 
     land and facilities at the Beltsville Agricultural Research 
     Center) issued by the agency, as authorized by law, and such 
     fees shall be credited to this account and shall remain 
     available until expended for authorized purposes.

                        buildings and facilities

       For acquisition of land, construction, repair, improvement, 
     extension, alteration, and purchase of fixed equipment or 
     facilities as necessary to carry out the agricultural 
     research programs of the Department of Agriculture, where not 
     otherwise provided, $56,437,000, to remain available until 
     expended (7 U.S.C. 2209b): Provided, That funds may be 
     received from any State, other political subdivision, 
     organization, or individual for the purpose of establishing 
     any research facility of the Agricultural Research Service, 
     as authorized by law.

      Cooperative State Research, Education, and Extension Service


                   Research and Education Activities

       For payments to agricultural experiment stations, for 
     cooperative forestry and other research, for facilities, and 
     for other expenses, including $180,545,000 to carry into 
     effect the provisions of the Hatch Act (7 U.S.C. 361a-i); 
     $21,932,000 for grants for cooperative forestry research (16 
     U.S.C. 582a-a7); $29,676,000 for payments to the 1890 land-
     grant colleges, including Tuskegee University (7 U.S.C. 
     3222); $63,116,000 for special grants for agricultural 
     research (7 U.S.C. 450i(c)); $15,048,000 for special grants 
     for agricultural research on improved pest control (7 U.S.C. 
     450i(c)); $119,300,000 for competitive research grants (7 
     U.S.C. 450i(b)); $5,109,000 for the support of animal health 
     and disease programs (7 U.S.C. 3195); $750,000 for 
     supplemental and alternative crops and products (7 U.S.C. 
     3319d); $600,000 for grants for research pursuant to the 
     Critical Agricultural Materials Act of 1984 (7 U.S.C. 178) 
     and section 1472 of the Food and Agriculture Act of 1977 (7 
     U.S.C. 3318), to remain available until expended; $3,000,000 
     for higher education graduate fellowship grants (7 U.S.C. 
     3152(b)(6)), to remain available until expended (7 U.S.C. 
     2209b); $4,350,000 for higher education challenge grants (7 
     U.S.C. 3152(b)(1)); $1,000,000 for a higher education 
     multicultural scholars program (7 U.S.C. 3152(b)(5)), to 
     remain available until expended (7 U.S.C. 2209b); $2,850,000 
     for an education grants program for Hispanic-serving 
     Institutions (7 U.S.C. 3241); $500,000 for a secondary 
     agriculture education program and two-year postsecondary 
     education (7 U.S.C. 3152 (h)); $4,000,000 for aquaculture 
     grants (7 U.S.C. 3322); $8,000,000 for sustainable 
     agriculture research and education (7 U.S.C. 5811); 
     $9,200,000 for a program of capacity building grants (7 
     U.S.C. 3152(b)(4)) to colleges eligible to receive funds 
     under the Act of August 30, 1890 (7 U.S.C. 321-326 and 328), 
     including Tuskegee University, to remain available until 
     expended (7 U.S.C. 2209b); $1,552,000 for payments to the 
     1994 Institutions pursuant to section 534(a)(1) of Public Law 
     103-382; and $10,688,000 for necessary expenses of Research 
     and Education Activities, of which not to exceed $100,000 
     shall be for employment under 5 U.S.C. 3109; in all, 
     $481,216,000.
       None of the funds in the foregoing paragraph shall be 
     available to carry out research related to the production, 
     processing or marketing of tobacco or tobacco products.

              Native American Institutions Endowment Fund

       For establishment of a Native American institutions 
     endowment fund, as authorized by Public Law 103-382 (7 U.S.C. 
     301 note), $4,600,000.

                          Extension Activities

       Payments to States, the District of Columbia, Puerto Rico, 
     Guam, the Virgin Islands, Micronesia, Northern Marianas, and 
     American Samoa: For payments for cooperative extension work 
     under the Smith-Lever Act, to be distributed under sections 
     3(b) and 3(c) of said Act, and under section 208(c) of Public 
     Law 93-471, for retirement and employees' compensation costs 
     for extension agents and for costs of penalty mail for 
     cooperative extension agents and State extension directors, 
     $276,548,000; payments for extension work at the 1994 
     Institutions under the Smith-Lever Act (7 U.S.C. 
     343(b)(3)), $2,060,000; payments for the nutrition and 
     family education program for low-income areas under 
     section 3(d) of the Act, $58,695,000; payments for the 
     pest management program under section 3(d) of the Act, 
     $10,783,000; payments for the farm safety program under 
     section 3(d) of the Act, $3,000,000; payments for the 
     pesticide impact assessment program under section 3(d) of 
     the Act, $3,214,000; payments to upgrade research, 
     extension, and teaching facilities at the 1890 land-grant 
     colleges, including Tuskegee University, as authorized by 
     section 1447 of Public Law 95-113 (7 U.S.C. 3222b), 
     $8,426,000, to remain available until expended; payments 
     for the rural development centers under section 3(d) of 
     the Act, $908,000; payments for a groundwater quality 
     program under section 3(d) of the

[[Page H11046]]

     Act, $9,561,000; payments for youth-at-risk programs under 
     section 3(d) of the Act, $9,000,000; payments for a food 
     safety program under section 3(d) of the Act, $7,365,000; 
     payments for carrying out the provisions of the Renewable 
     Resources Extension Act of 1978, $3,192,000; payments for 
     Indian reservation agents under section 3(d) of the Act, 
     $1,714,000; payments for sustainable agriculture programs 
     under section 3(d) of the Act, $3,309,000; payments for 
     rural health and safety education as authorized by section 
     2390 of Public Law 101-624 (7 U.S.C. 2661 note, 2662), 
     $2,628,000; payments for cooperative extension work by the 
     colleges receiving the benefits of the second Morrill Act 
     (7 U.S.C. 321-326 and 328) and Tuskegee University, 
     $25,843,000; and for Federal administration and 
     coordination including administration of the Smith-Lever 
     Act, and the Act of September 29, 1977 (7 U.S.C. 341-349), 
     and section 1361(c) of the Act of October 3, 1980 (7 
     U.S.C. 301 note), and to coordinate and provide program 
     leadership for the extension work of the Department and 
     the several States and insular possessions, $11,741,000; 
     in all, $437,987,000: Provided, That funds hereby 
     appropriated pursuant to section 3(c) of the Act of June 
     26, 1953, and section 506 of the Act of June 23, 1972, 
     shall not be paid to any State, the District of Columbia, 
     Puerto Rico, Guam, or the Virgin Islands, Micronesia, 
     Northern Marianas, and American Samoa prior to 
     availability of an equal sum from non-Federal sources for 
     expenditure during the current fiscal year.

Office of the Assistant Secretary for Marketing and Regulatory Programs

       For necessary salaries and expenses of the Office of the 
     Assistant Secretary for Marketing and Regulatory Programs to 
     administer programs under the laws enacted by the Congress 
     for the Animal and Plant Health Inspection Service, the 
     Agricultural Marketing Service, and the Grain Inspection, 
     Packers and Stockyards Administration, $618,000.

               Animal and Plant Health Inspection Service


                         Salaries and Expenses

                     (including transfers of funds)

       For expenses, not otherwise provided for, including those 
     pursuant to the Act of February 28, 1947 (21 U.S.C. 114b-c), 
     necessary to prevent, control, and eradicate pests and plant 
     and animal diseases; to carry out inspection, quarantine, and 
     regulatory activities; to discharge the authorities of the 
     Secretary of Agriculture under the Act of March 2, 1931 (46 
     Stat. 1468; 7 U.S.C. 426-426b); and to protect the 
     environment, as authorized by law, $425,803,000, of which 
     $4,105,000 shall be available for the control of outbreaks of 
     insects, plant diseases, animal diseases and for control of 
     pest animals and birds to the extent necessary to meet 
     emergency conditions: Provided, That no funds shall be used 
     to formulate or administer a brucellosis eradication program 
     for the current fiscal year that does not require minimum 
     matching by the States of at least 40 percent: Provided 
     further, That this appropriation shall be available for field 
     employment pursuant to the second sentence of section 706(a) 
     of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $40,000 shall be available for employment under 5 U.S.C. 
     3109: Provided further, That this appropriation shall 
     be available for the operation and maintenance of aircraft 
     and the purchase of not to exceed four, of which two shall 
     be for replacement only: Provided further, That, in 
     addition, in emergencies which threaten any segment of the 
     agricultural production industry of this country, the 
     Secretary may transfer from other appropriations or funds 
     available to the agencies or corporations of the 
     Department such sums as may be deemed necessary, to be 
     available only in such emergencies for the arrest and 
     eradication of contagious or infectious disease or pests 
     of animals, poultry, or plants, and for expenses in 
     accordance with the Act of February 28, 1947, and section 
     102 of the Act of September 21, 1944, and any unexpended 
     balances of funds transferred for such emergency purposes 
     in the next preceding fiscal year shall be merged with 
     such transferred amounts: Provided further, That 
     appropriations hereunder shall be available pursuant to 
     law (7 U.S.C. 2250) for the repair and alteration of 
     leased buildings and improvements, but unless otherwise 
     provided the cost of altering any one building during the 
     fiscal year shall not exceed 10 percent of the current 
     replacement value of the building.
       In fiscal year 1999, the agency is authorized to collect 
     fees to cover the total costs of providing technical 
     assistance, goods, or services requested by States, other 
     political subdivisions, domestic and international 
     organizations, foreign governments, or individuals, provided 
     that such fees are structured such that any entity's 
     liability for such fees is reasonably based on the technical 
     assistance, goods, or services provided to the entity by the 
     agency, and such fees shall be credited to this account, to 
     remain available until expended, without further 
     appropriation, for providing such assistance, goods, or 
     services.
        Of the total amount available under this heading in fiscal 
     year 1999, $88,000,000 shall be derived from user fees 
     deposited in the Agricultural Quarantine Inspection User Fee 
     Account.

                        buildings and facilities

       For plans, construction, repair, preventive maintenance, 
     environmental support, improvement, extension, alteration, 
     and purchase of fixed equipment or facilities, as authorized 
     by 7 U.S.C. 2250, and acquisition of land as authorized by 7 
     U.S.C. 428a, $7,700,000, to remain available until expended.

                     Agricultural Marketing Service


                           Marketing Services

       For necessary expenses to carry on services related to 
     consumer protection, agricultural marketing and distribution, 
     transportation, and regulatory programs, as authorized by 
     law, and for administration and coordination of payments to 
     States, including field employment pursuant to the second 
     sentence of section 706(a) of the Organic Act of 1944 (7 
     U.S.C. 2225) and not to exceed $90,000 for employment under 5 
     U.S.C. 3109, $48,831,000, including funds for the wholesale 
     market development program for the design and development of 
     wholesale and farmer market facilities for the major 
     metropolitan areas of the country: Provided, That this 
     appropriation shall be available pursuant to law (7 U.S.C. 
     2250) for the alteration and repair of buildings and 
     improvements, but the cost of altering any one building 
     during the fiscal year shall not exceed 10 percent of the 
     current replacement value of the building.
       Fees may be collected for the cost of standardization 
     activities, as established by regulation pursuant to law (31 
     U.S.C. 9701).


                 limitation on administrative expenses

       Not to exceed $60,730,000 (from fees collected) shall be 
     obligated during the current fiscal year for administrative 
     expenses: Provided, That if crop size is understated and/or 
     other uncontrollable events occur, the agency may exceed this 
     limitation by up to 10 percent with notification to the 
     Appropriations Committees.


    Funds for Strengthening Markets, Income, and Supply (Section 32)

                     (including transfers of funds)

       Funds available under section 32 of the Act of August 24, 
     1935 (7 U.S.C. 612c) shall be used only for commodity program 
     expenses as authorized therein, and other related operating 
     expenses, except for: (1) transfers to the Department of 
     Commerce as authorized by the Fish and Wildlife Act of August 
     8, 1956; (2) transfers otherwise provided in this Act; and 
     (3) not more than $10,998,000 for formulation and 
     administration of marketing agreements and orders pursuant to 
     the Agricultural Marketing Agreement Act of 1937 and the 
     Agricultural Act of 1961.


                   Payments to States and Possessions

       For payments to departments of agriculture, bureaus and 
     departments of markets, and similar agencies for marketing 
     activities under section 204(b) of the Agricultural Marketing 
     Act of 1946 (7 U.S.C. 1623(b)), $1,200,000.

        Grain Inspection, Packers and Stockyards Administration


                         Salaries and Expenses

       For necessary expenses to carry out the provisions of the 
     United States Grain Standards Act, for the administration of 
     the Packers and Stockyards Act, for certifying procedures 
     used to protect purchasers of farm products, and the 
     standardization activities related to grain under the 
     Agricultural Marketing Act of 1946, including field 
     employment pursuant to the second sentence of section 706(a) 
     of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $25,000 for employment under 5 U.S.C. 3109, $26,787,000: 
     Provided, That this appropriation shall be available pursuant 
     to law (7 U.S.C. 2250) for the alteration and repair of 
     buildings and improvements, but the cost of altering any one 
     building during the fiscal year shall not exceed 10 percent 
     of the current replacement value of the building.


        limitation on inspection and weighing services expenses

       Not to exceed $42,557,000 (from fees collected) shall be 
     obligated during the current fiscal year for inspection and 
     weighing services: Provided, That if grain export activities 
     require additional supervision and oversight, or other 
     uncontrollable factors occur, this limitation may be exceeded 
     by up to 10 percent with notification to the Appropriations 
     Committees.


             Office of the Under Secretary for Food Safety

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Food Safety to administer the laws 
     enacted by the Congress for the Food Safety and Inspection 
     Service, $446,000.

                   Food Safety and Inspection Service

       For necessary expenses to carry out services authorized by 
     the Federal Meat Inspection Act, the Poultry Products 
     Inspection Act, and the Egg Products Inspection Act, 
     $616,986,000, and in addition, $1,000,000 may be credited to 
     this account from fees collected for the cost of laboratory 
     accreditation as authorized by section 1017 of Public Law 
     102-237: Provided, That this appropriation shall not be 
     available for shell egg surveillance under section 5(d) of 
     the Egg Products Inspection Act (21 U.S.C. 1034(d)): Provided 
     further, That this appropriation shall be available for field 
     employment pursuant to the second sentence of section 706(a) 
     of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $75,000 shall be available for employment under 5 U.S.C. 
     3109: Provided further, That this appropriation shall be 
     available pursuant to law (7 U.S.C. 2250) for the alteration 
     and repair of buildings and improvements, but the cost of 
     altering any one building during the fiscal year shall not 
     exceed 10 percent of the current replacement value of the 
     building.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Farm and Foreign Agricultural Services to 
     administer the laws enacted by Congress for the Farm Service 
     Agency, the Foreign Agricultural Service, the Risk 
     Management Agency, and the Commodity Credit Corporation, 
     $572,000.

                          Farm Service Agency


                         Salaries and Expenses

                     (including transfers of funds)

       For necessary expenses for carrying out the administration 
     and implementation of programs administered by the Farm 
     Service Agency, $714,499,000: Provided, That the Secretary is 
     authorized to use the services, facilities, and authorities 
     (but not the funds) of the Commodity Credit Corporation to 
     make program payments for all programs administered by the 
     Agency: Provided further, That other funds made available to 
     the Agency for authorized activities may

[[Page H11047]]

     be advanced to and merged with this account: Provided 
     further, That these funds shall be available for employment 
     pursuant to the second sentence of section 706(a) of the 
     Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $1,000,000 shall be available for employment under 5 U.S.C. 
     3109.


                         State Mediation Grants

       For grants pursuant to section 502(b) of the Agricultural 
     Credit Act of 1987 (7 U.S.C. 5101-5106), $2,000,000.


                        Dairy Indemnity Program

                     (including transfers of funds)

       For necessary expenses involved in making indemnity 
     payments to dairy farmers for milk or cows producing such 
     milk and manufacturers of dairy products who have been 
     directed to remove their milk or dairy products from 
     commercial markets because it contained residues of chemicals 
     registered and approved for use by the Federal Government, 
     and in making indemnity payments for milk, or cows producing 
     such milk, at a fair market value to any dairy farmer who is 
     directed to remove his milk from commercial markets because 
     of: (1) the presence of products of nuclear radiation or 
     fallout if such contamination is not due to the fault of the 
     farmer; or (2) residues of chemicals or toxic substances not 
     included under the first sentence of the Act of August 13, 
     1968 (7 U.S.C. 450j), if such chemicals or toxic substances 
     were not used in a manner contrary to applicable regulations 
     or labeling instructions provided at the time of use and the 
     contamination is not due to the fault of the farmer, 
     $450,000, to remain available until expended (7 U.S.C. 
     2209b): Provided, That none of the funds contained in this 
     Act shall be used to make indemnity payments to any farmer 
     whose milk was removed from commercial markets as a result of 
     the farmer's willful failure to follow procedures prescribed 
     by the Federal Government: Provided further, That this amount 
     shall be transferred to the Commodity Credit Corporation: 
     Provided further, That the Secretary is authorized to utilize 
     the services, facilities, and authorities of the Commodity 
     Credit Corporation for the purpose of making dairy indemnity 
     disbursements.


           Agricultural Credit Insurance Fund Program Account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by 7 U.S.C. 1928-1929, to 
     be available from funds in the Agricultural Credit Insurance 
     Fund, as follows: farm ownership loans, $510,682,000, of 
     which $425,031,000 shall be for guaranteed loans; operating 
     loans, $1,648,276,000, of which $948,276,000 shall be for 
     unsubsidized guaranteed loans and $200,000,000 shall be for 
     subsidized guaranteed loans; Indian tribe land acquisition 
     loans as authorized by 25 U.S.C. 488, $1,000,000; for 
     emergency insured loans, $25,000,000 to meet the needs 
     resulting from natural disasters; and for boll weevil 
     eradication program loans as authorized by 7 U.S.C. 1989, 
     $100,000,000.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: farm ownership 
     loans, $19,580,000, of which $6,758,000 shall be for 
     guaranteed loans; operating loans, $62,630,000, of which 
     $11,000,000 shall be for unsubsidized guaranteed loans and 
     $17,480,000 shall be for subsidized guaranteed loans; 
     Indian tribe land acquisition loans as authorized by 25 
     U.S.C. 488, $153,000; for emergency insured loans, 
     $5,900,000 to meet the needs resulting from natural 
     disasters; and for boll weevil eradication program loans 
     as authorized by 7 U.S.C. 1989, $1,440,000.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $219,861,000, of 
     which $209,861,000 shall be transferred to and merged with 
     the appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.

                         Risk Management Agency

       For administrative and operating expenses, as authorized by 
     the Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 6933), $64,000,000: Provided, That not to exceed $700 
     shall be available for official reception and representation 
     expenses, as authorized by 7 U.S.C. 1506(i).

                              CORPORATIONS

       The following corporations and agencies are hereby 
     authorized to make expenditures, within the limits of funds 
     and borrowing authority available to each such corporation or 
     agency and in accord with law, and to make contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act as may be necessary in carrying out the programs set 
     forth in the budget for the current fiscal year for such 
     corporation or agency, except as hereinafter provided.


                Federal Crop Insurance Corporation Fund

       For payments as authorized by section 516 of the Federal 
     Crop Insurance Act, such sums as may be necessary, to remain 
     available until expended (7 U.S.C. 2209b).

                   Commodity Credit Corporation Fund


                 reimbursement for net realized losses

       For fiscal year 1999, such sums as may be necessary to 
     reimburse the Commodity Credit Corporation for net realized 
     losses sustained, but not previously reimbursed (estimated to 
     be $8,439,000,000 in the President's fiscal year 1999 Budget 
     Request (H. Doc. 105-177)), but not to exceed $8,439,000,000, 
     pursuant to section 2 of the Act of August 17, 1961 (15 
     U.S.C. 713a-11).


       operations and maintenance for hazardous waste management

       For fiscal year 1999, the Commodity Credit Corporation 
     shall not expend more than $5,000,000 for expenses to comply 
     with the requirement of section 107(g) of the Comprehensive 
     Environmental Response, Compensation, and Liability Act, 42 
     U.S.C. 9607(g), and section 6001 of the Resource Conservation 
     and Recovery Act, 42 U.S.C. 6961: Provided, That expenses 
     shall be for operations and maintenance costs only and that 
     other hazardous waste management costs shall be paid for by 
     the USDA Hazardous Waste Management appropriation in this 
     Act.

                                TITLE II

                         CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Natural Resources and Environment to 
     administer the laws enacted by the Congress for the Forest 
     Service and the Natural Resources Conservation Service, 
     $693,000.

                 Natural Resources Conservation Service


                        Conservation Operations

       For necessary expenses for carrying out the provisions of 
     the Act of April 27, 1935 (16 U.S.C. 590a-f), including 
     preparation of conservation plans and establishment of 
     measures to conserve soil and water (including farm 
     irrigation and land drainage and such special measures for 
     soil and water management as may be necessary to prevent 
     floods and the siltation of reservoirs and to control 
     agricultural related pollutants); operation of conservation 
     plant materials centers; classification and mapping of soil; 
     dissemination of information; acquisition of lands, water, 
     and interests therein for use in the plant materials program 
     by donation, exchange, or purchase at a nominal cost not to 
     exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 
     428a); purchase and erection or alteration or improvement of 
     permanent and temporary buildings; and operation and 
     maintenance of aircraft, $641,243,000, to remain available 
     until expended (7 U.S.C. 2209b), of which not less than 
     $5,990,000 is for snow survey and water forecasting and not 
     less than $9,025,000 is for operation and establishment of 
     the plant materials centers: Provided, That appropriations 
     hereunder shall be available pursuant to 7 U.S.C. 2250 for 
     construction and improvement of buildings and public 
     improvements at plant materials centers, except that the cost 
     of alterations and improvements to other buildings and other 
     public improvements shall not exceed $250,000: Provided 
     further, That when buildings or other structures are erected 
     on non-Federal land, that the right to use such land is 
     obtained as provided in 7 U.S.C. 2250a: Provided further, 
     That this appropriation shall be available for technical 
     assistance and related expenses to carry out programs 
     authorized by section 202(c) of title II of the Colorado 
     River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): 
     Provided further, That no part of this appropriation may 
     be expended for soil and water conservation operations 
     under the Act of April 27, 1935 in demonstration projects: 
     Provided further, That this appropriation shall be 
     available for employment pursuant to the second sentence 
     of section 706(a) of the Organic Act of 1944 (7 U.S.C. 
     2225), and not to exceed $25,000 shall be available for 
     employment under 5 U.S.C. 3109: Provided further, That 
     qualified local engineers may be temporarily employed at 
     per diem rates to perform the technical planning work of 
     the Service (16 U.S.C. 590e-2).


                     Watershed Surveys and Planning

       For necessary expenses to conduct research, investigation, 
     and surveys of watersheds of rivers and other waterways, and 
     for small watershed investigations and planning, in 
     accordance with the Watershed Protection and Flood Prevention 
     Act approved August 4, 1954 (16 U.S.C. 1001-1009), 
     $10,368,000: Provided, That this appropriation shall be 
     available for employment pursuant to the second sentence of 
     section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     and not to exceed $110,000 shall be available for employment 
     under 5 U.S.C. 3109.


               Watershed and Flood Prevention Operations

       For necessary expenses to carry out preventive measures, 
     including but not limited to research, engineering 
     operations, methods of cultivation, the growing of 
     vegetation, rehabilitation of existing works and changes in 
     use of land, in accordance with the Watershed Protection and 
     Flood Prevention Act approved August 4, 1954 (16 U.S.C. 1001-
     1005 and 1007-1009), the provisions of the Act of April 27, 
     1935 (16 U.S.C. 590a-f), and in accordance with the 
     provisions of laws relating to the activities of the 
     Department, $99,443,000, to remain available until expended 
     (7 U.S.C. 2209b) (of which up to $15,000,000 may be available 
     for the watersheds authorized under the Flood Control Act 
     approved June 22, 1936 (33 U.S.C. 701 and 16 U.S.C. 1006a)): 
     Provided, That not to exceed $47,000,000 of this 
     appropriation shall be available for technical assistance: 
     Provided further, That this appropriation shall be available 
     for employment pursuant to the second sentence of section 
     706(a) of the Organic Act of 1944 (7 U.S.C. 2225), and not to 
     exceed $200,000 shall be available for employment under 5 
     U.S.C. 3109: Provided further, That not to exceed $1,000,000 
     of this appropriation is available to carry out the purposes 
     of the Endangered Species Act of 1973 (Public Law 93-205), 
     including cooperative efforts as contemplated by that Act to 
     relocate endangered or threatened species to other suitable 
     habitats as may be necessary to expedite project 
     construction.


                 Resource Conservation and Development

       For necessary expenses in planning and carrying out 
     projects for resource conservation and development and for 
     sound land use pursuant to the provisions of section 32(e) of 
     title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 
     1010-1011; 76 Stat. 607), the Act of April 27, 1935 (16 
     U.S.C. 590a-f), and the Agriculture and Food Act of 1981 (16 
     U.S.C. 3451-3461), $35,000,000, to remain available until 
     expended (7 U.S.C. 2209b): Provided, That this appropriation 
     shall be available for employment pursuant

[[Page H11048]]

     to the second sentence of section 706(a) of the Organic Act 
     of 1944 (7 U.S.C. 2225), and not to exceed $50,000 shall be 
     available for employment under 5 U.S.C. 3109.


                      Forestry Incentives Program

       For necessary expenses, not otherwise provided for, to 
     carry out the program of forestry incentives, as authorized 
     by the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 
     2101), including technical assistance and related expenses, 
     $6,325,000, to remain available until expended, as authorized 
     by that Act.

                               TITLE III

           RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Rural Development to administer programs 
     under the laws enacted by the Congress for the Rural Housing 
     Service, the Rural Business-Cooperative Service, and the 
     Rural Utilities Service of the Department of Agriculture, 
     $588,000.


                  Rural Community Advancement Program

                     (including transfers of funds)

       For the cost of direct loans, loan guarantees, and grants, 
     as authorized by 7 U.S.C. 1926, 1926a, 1926c, and 1932, 
     except for sections 381E-H, 381N, and 381O of the 
     Consolidated Farm and Rural Development Act (7 U.S.C. 2009f), 
     $722,686,000, to remain available until expended, of which 
     $29,786,000 shall be for rural community programs described 
     in section 381E(d)(1) of the Consolidated Farm and Rural 
     Development Act; of which $645,007,000 shall be for the rural 
     utilities programs described in section 381E(d)(2) of such 
     Act, as provided in 7 U.S.C. 1926(a) and 7 U.S.C. 1926C; and 
     of which $47,893,000 shall be for the rural business and 
     cooperative development programs described in section 
     381E(d)(3) of such Act: Provided, That of the amount 
     appropriated for the rural business and cooperative 
     development programs, not to exceed $500,000 shall be made 
     available for a grant to a qualified national organization to 
     provide technical assistance for rural transportation in 
     order to promote economic development: Provided further, That 
     not to exceed $16,215,000 shall be for technical assistance 
     grants for rural waste systems pursuant to section 306(a)(14) 
     of such Act; and not to exceed $5,300,000 shall be for 
     contracting with qualified national organizations for a 
     circuit rider program to provide technical assistance for 
     rural water systems: Provided further, That of the total 
     amount appropriated, not to exceed $33,926,000 shall be 
     available through June 30, 1999, for empowerment zones and 
     enterprise communities, as authorized by Public Law 103-66, 
     of which $1,844,000 shall be for rural community programs 
     described in section 381E(d)(1) of such Act; of which 
     $23,948,000 shall be for the rural utilities programs 
     described in section 381E(d)(2) of such Act; of which 
     $8,134,000 shall be for the rural business and cooperative 
     development programs described in section 381E(d)(3) of such 
     Act.

                         Rural Housing Service


              Rural Housing Insurance Fund Program Account

                     (including transfers of funds)

       For gross obligations for the principal amount of direct 
     and guaranteed loans as authorized by title V of the Housing 
     Act of 1949, to be available from funds in the rural housing 
     insurance fund, as follows: $3,965,313,000 for loans to 
     section 502 borrowers, as determined by the Secretary, of 
     which $3,000,000,000 shall be for unsubsidized guaranteed 
     loans; $25,001,000 for section 504 housing repair loans; 
     $100,000,000 for section 538 guaranteed multi-family housing 
     loans; $20,000,000 for section 514 farm labor housing; 
     $114,321,000 for section 515 rental housing; $5,152,000 for 
     section 524 site loans; $16,930,000 for credit sales of 
     acquired property, of which up to $5,001,000 may be for 
     multi-family credit sales; and $5,000,000 for section 523 
     self-help housing land development loans.
       For the cost of direct and guaranteed loans, including the 
     cost of modifying loans, as defined in section 502 of the 
     Congressional Budget Act of 1974, as follows: section 502 
     loans, $116,800,000, of which $2,700,000 shall be for 
     unsubsidized guaranteed loans; section 504 housing repair 
     loans, $8,808,000; section 538 multi-family housing 
     guaranteed loans, $2,320,000; section 514 farm labor housing, 
     $10,406,000; section 515 rental housing, $55,160,000; section 
     524 site loans, $17,000; credit sales of acquired property, 
     $3,492,000, of which up to $2,416,000 may be for multi-family 
     credit sales; and section 523 self-help housing land 
     development loans, $282,000: Provided, That of the total 
     amount appropriated in this paragraph, $10,380,000 shall 
     be for empowerment zones and enterprise communities, as 
     authorized by Public Law 103-66: Provided further, That if 
     such funds are not obligated for empowerment zones and 
     enterprise communities by June 30, 1999, they shall remain 
     available for other authorized purposes under this head.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $360,785,000, 
     which shall be transferred to and merged with the 
     appropriation for ``Rural Housing Service, Salaries and 
     Expenses''.


                       Rental Assistance Program

       For rental assistance agreements entered into or renewed 
     pursuant to the authority under section 521(a)(2) or 
     agreements entered into in lieu of debt forgiveness or 
     payments for eligible households as authorized by section 
     502(c)(5)(D) of the Housing Act of 1949, $583,397,000; and, 
     in addition, such sums as may be necessary, as authorized by 
     section 521(c) of the Act, to liquidate debt incurred prior 
     to fiscal year 1992 to carry out the rental assistance 
     program under section 521(a)(2) of the Act: Provided, That of 
     this amount, not more than $5,900,000 shall be available for 
     debt forgiveness or payments for eligible households as 
     authorized by section 502(c)(5)(D) of the Act, and not to 
     exceed $10,000 per project for advances to nonprofit 
     organizations or public agencies to cover direct costs (other 
     than purchase price) incurred in purchasing projects pursuant 
     to section 502(c)(5)(C) of the Act: Provided further, That 
     agreements entered into or renewed during fiscal year 1999 
     shall be funded for a five-year period, although the life of 
     any such agreement may be extended to fully utilize amounts 
     obligated.


                  Mutual and Self-Help Housing Grants

       For grants and contracts pursuant to section 523(b)(1)(A) 
     of the Housing Act of 1949 (42 U.S.C. 1490c), $26,000,000, to 
     remain available until expended (7 U.S.C. 2209b): Provided, 
     That of the total amount appropriated, $1,000,000 shall be 
     for empowerment zones and enterprise communities, as 
     authorized by Public Law 103-66: Provided further, That if 
     such funds are not obligated for empowerment zones and 
     enterprise communities by June 30, 1999, they shall remain 
     available for other authorized purposes under this head.


                    Rural Housing Assistance Grants

       For grants and contracts for housing for domestic farm 
     labor, very low-income housing repair, supervisory and 
     technical assistance, compensation for construction defects, 
     and rural housing preservation made by the Rural Housing 
     Service, as authorized by 42 U.S.C. 1474, 1479(c), 1486, 
     1490e, and 1490m, $41,000,000, to remain available until 
     expended: Provided, That of the total amount appropriated, 
     $1,200,000 shall be for empowerment zones and enterprise 
     communities, as authorized by Public Law 103-66: Provided 
     further, That if such funds are not obligated for empowerment 
     zones and enterprise communities by June 30, 1999, they shall 
     remain available for other authorized purposes under this 
     head.


                         Salaries and Expenses

       For necessary expenses of the Rural Housing Service, 
     including administering the programs authorized by the 
     Consolidated Farm and Rural Development Act, title V of the 
     Housing Act of 1949, and cooperative agreements, $60,978,000: 
     Provided, That this appropriation shall be available for 
     employment pursuant to the second sentence of section 706(a) 
     of the Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $520,000 may be used for employment under 5 U.S.C. 3109: 
     Provided further, That the Administrator may expend not more 
     than $10,000 to provide modest nonmonetary awards to non-USDA 
     employees.

                   Rural Business-Cooperative Service


              Rural Development Loan Fund Program Account

                     (including transfers of funds)

       For the cost of direct loans, $16,615,000, as authorized by 
     the Rural Development Loan Fund (42 U.S.C. 9812(a)): 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That 
     these funds are available to subsidize gross obligations 
     for the principal amount of direct loans of $33,000,000: 
     Provided further, That through June 30, 1999, of the total 
     amount appropriated, $3,215,520 shall be available for the 
     cost of direct loans for empowerment zones and enterprise 
     communities, as authorized by title XIII of the Omnibus 
     Budget Reconciliation Act of 1993, to subsidize gross 
     obligations for the principal amount of direct loans, 
     $7,246,000: Provided further, That if such funds are not 
     obligated for empowerment zones and enterprise communities 
     by June 30, 1999, they shall remain available for other 
     authorized purposes under this head.
       In addition, for administrative expenses to carry out the 
     direct loan programs, $3,482,000 shall be transferred to and 
     merged with the appropriation for ``Rural Business-
     Cooperative Service, Salaries and Expenses''.


            Rural Economic Development Loans Program Account

                     (including transfers of funds)

       For the principal amount of direct loans, as authorized 
     under section 313 of the Rural Electrification Act, for the 
     purpose of promoting rural economic development and job 
     creation projects, $15,000,000.
       For the cost of direct loans, including the cost of 
     modifying loans as defined in section 502 of the 
     Congressional Budget Act of 1974, $3,783,000.
       Of the funds derived from interest on the cushion of credit 
     payments in fiscal year 1999, as authorized by section 313 of 
     the Rural Electrification Act of 1936, $3,783,000 shall not 
     be obligated and $3,783,000 are rescinded.


                  Rural Cooperative Development Grants

       For rural cooperative development grants authorized under 
     section 310B(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1932), $3,300,000, of which 
     $1,300,000 shall be available for cooperative agreements for 
     the appropriate technology transfer for rural areas program 
     and $250,000 shall be available for an agribusiness and 
     cooperative development program.


                         Salaries and Expenses

       For necessary expenses of the Rural Business-Cooperative 
     Service, including administering the programs authorized by 
     the Consolidated Farm and Rural Development Act; section 1323 
     of the Food Security Act of 1985; the Cooperative Marketing 
     Act of 1926; for activities relating to the marketing aspects 
     of cooperatives, including economic research findings, as 
     authorized by the Agricultural Marketing Act of 1946; for 
     activities with institutions concerning the development and 
     operation of agricultural cooperatives; and for cooperative 
     agreements; $25,680,000: Provided, That this appropriation 
     shall be available for employment pursuant to the second 
     sentence of section 706(a) of the Organic Act of 1944 (7

[[Page H11049]]

     U.S.C. 2225), and not to exceed $260,000 may be used for 
     employment under 5 U.S.C. 3109.

  Alternative Agricultural Research and Commercialization Corporation 
                             Revolving Fund

       For necessary expenses to carry out the Alternative 
     Agricultural Research and Commercialization Act of 1990 (7 
     U.S.C. 5901-5908), $3,500,000 is appropriated to the 
     Alternative Agricultural Research and Commercialization 
     Corporation Revolving Fund.

                        Rural Utilities Service


   Rural Electrification and Telecommunications Loans Program Account

                     (including transfers of funds)

       Insured loans pursuant to the authority of section 305 of 
     the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be 
     made as follows: 5 percent rural electrification loans, 
     $71,500,000; 5 percent rural telecommunications loans, 
     $75,000,000; cost of money rural telecommunications loans, 
     $300,000,000; municipal rate rural electric loans, 
     $295,000,000; and loans made pursuant to section 306 of that 
     Act, rural electric, $700,000,000 and rural 
     telecommunications, $120,000,000, to remain available 
     until expended.
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, including the cost of 
     modifying loans, of direct and guaranteed loans authorized by 
     the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), 
     as follows: cost of direct loans, $16,667,000; cost of 
     municipal rate loans, $25,842,000; cost of money rural 
     telecommunications loans, $810,000: Provided, That 
     notwithstanding section 305(d)(2) of the Rural 
     Electrification Act of 1936, borrower interest rates may 
     exceed 7 percent per year.
       In addition, for administrative expenses necessary to carry 
     out the direct and guaranteed loan programs, $29,982,000, 
     which shall be transferred to and merged with the 
     appropriation for ``Rural Utilities Service, Salaries and 
     Expenses''.


                  Rural Telephone Bank Program Account

                     (including transfers of funds)

       The Rural Telephone Bank is hereby authorized to make such 
     expenditures, within the limits of funds available to such 
     corporation in accord with law, and to make such contracts 
     and commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out its authorized 
     programs. During fiscal year 1999 and within the resources 
     and authority available, gross obligations for the principal 
     amount of direct loans shall be $157,509,000.
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, including the cost of 
     modifying loans, of direct loans authorized by the Rural 
     Electrification Act of 1936 (7 U.S.C. 935), $4,174,000.
       In addition, for administrative expenses necessary to carry 
     out the loan programs, $3,000,000, which shall be transferred 
     to and merged with the appropriation for ``Rural Utilities 
     Service, Salaries and Expenses''.


               Distance Learning and Telemedicine Program

       For the cost of direct loans and grants, as authorized by 7 
     U.S.C. 950aaa et seq., $12,680,000, to remain available until 
     expended, to be available for loans and grants for 
     telemedicine and distance learning services in rural areas: 
     Provided, That the costs of direct loans shall be as defined 
     in section 502 of the Congressional Budget Act of 1974.


                         Salaries and Expenses

       For necessary expenses of the Rural Utilities Service, 
     including administering the programs authorized by the Rural 
     Electrification Act of 1936, and the Consolidated Farm and 
     Rural Development Act, and for cooperative agreements, 
     $33,000,000: Provided, That this appropriation shall be 
     available for employment pursuant to the second sentence of 
     section 706(a) of the Organic Act of 1944 (7 U.S.C. 2225), 
     and not to exceed $105,000 may be used for employment under 5 
     U.S.C. 3109.

                                TITLE IV

                         DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

       For necessary salaries and expenses of the Office of the 
     Under Secretary for Food, Nutrition and Consumer Services to 
     administer the laws enacted by the Congress for the Food and 
     Nutrition Service, $554,000.

                       Food and Nutrition Service


                        Child Nutrition Programs

                     (including transfers of funds)

       For necessary expenses to carry out the National School 
     Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and 
     the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), 
     except sections 17 and 21; $9,176,897,000, to remain 
     available through September 30, 2000, of which $4,128,747,000 
     is hereby appropriated and $5,048,150,000 shall be derived by 
     transfer from funds available under section 32 of the Act of 
     August 24, 1935 (7 U.S.C. 612c): Provided, That none of the 
     funds made available under this heading shall be used for 
     studies and evaluations: Provided further, That up to 
     $4,300,000 shall be available for independent verification of 
     school food service claims: Provided further, That none of 
     the funds under this heading shall be available unless the 
     value of bonus commodities provided under section 32 of 
     the Act of August 24, 1935 (49 Stat. 774, chapter 641; 7 
     U.S.C. 612c), and section 416 of the Agricultural Act of 
     1949 (7 U.S.C. 1431) is included in meeting the minimum 
     commodity assistance requirement of section 6(g) of the 
     National School Lunch Act (42 U.S.C. 1755(g)).


special supplemental nutrition program for women, infants, and children 
                                 (wic)

       For necessary expenses to carry out the special 
     supplemental nutrition program as authorized by section 17 of 
     the Child Nutrition Act of 1966 (42 U.S.C. 1786), 
     $3,924,000,000, to remain available through September 30, 
     2000: Provided, That none of the funds made available under 
     this heading shall be used for studies and evaluations: 
     Provided further, That of the total amount available, the 
     Secretary shall obligate $10,000,000 for the farmers' market 
     nutrition program within 45 days of the enactment of this 
     Act, and an additional $5,000,000 for the farmers' market 
     nutrition program from any funds not needed to maintain 
     current caseload levels: Provided further, That none of the 
     funds in this Act shall be available to pay administrative 
     expenses of WIC clinics except those that have an announced 
     policy of prohibiting smoking within the space used to carry 
     out the program: Provided further, That none of the funds 
     provided in this account shall be available for the purchase 
     of infant formula except in accordance with the cost 
     containment and competitive bidding requirements specified in 
     section 17 of the Child Nutrition Act of 1966: Provided 
     further, That State agencies required to procure infant 
     formula using a competitive bidding system may use funds 
     appropriated by this Act to purchase infant formula under a 
     cost containment contract entered into after September 30, 
     1996, only if the contract was awarded to the bidder offering 
     the lowest net price, as defined by section 17(b)(20) of the 
     Child Nutrition Act of 1966, unless the State agency 
     demonstrates to the satisfaction of the Secretary that the 
     weighted average retail price for different brands of infant 
     formula in the State does not vary by more than 5 percent.


                           Food Stamp Program

       For necessary expenses to carry out the Food Stamp Act (7 
     U.S.C. 2011 et seq.), $22,585,106,000, of which $100,000,000 
     shall be placed in reserve for use only in such amounts and 
     at such times as may become necessary to carry out program 
     operations: Provided, That none of the funds made available 
     under this head shall be used for studies and evaluations: 
     Provided further, That funds provided herein shall be 
     expended in accordance with section 16 of the Food Stamp Act: 
     Provided further, That this appropriation shall be subject to 
     any work registration or workfare requirements as may be 
     required by law: Provided further, That funds made available 
     for Employment and Training under this head shall remain 
     available until expended, as authorized by section 16(h)(1) 
     of the Food Stamp Act.

                      commodity assistance program

       For necessary expenses to carry out the commodity 
     supplemental food program as authorized by section 4(a) of 
     the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 
     612c note) and the Emergency Food Assistance Act of 1983, 
     $131,000,000, to remain available through September 30, 2000: 
     Provided, That none of these funds shall be available to 
     reimburse the Commodity Credit Corporation for commodities 
     donated to the program.


              Food Donations Programs for Selected Groups

       For necessary expenses to carry out section 4(a) of the 
     Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 
     612c note), and section 311 of the Older Americans Act of 
     1965 (42 U.S.C. 3030a), $141,081,000, to remain available 
     through September 30, 2000.

                      food program administration

       For necessary administrative expenses of the domestic food 
     programs funded under this Act, $108,561,000, of which 
     $5,000,000 shall be available only for simplifying 
     procedures, reducing overhead costs, tightening regulations, 
     improving food stamp coupon handling, and assistance in the 
     prevention, identification, and prosecution of fraud and 
     other violations of law and of which $2,000,000 shall be 
     available for obligation only after promulgation of a 
     final rule to curb vendor related fraud: Provided, That 
     this appropriation shall be available for employment 
     pursuant to the second sentence of section 706(a) of the 
     Organic Act of 1944 (7 U.S.C. 2225), and not to exceed 
     $150,000 shall be available for employment under 5 U.S.C. 
     3109.

                                TITLE V

                FOREIGN ASSISTANCE AND RELATED PROGRAMS

         Foreign Agricultural Service and General Sales Manager


                     (including transfers of funds)

       For necessary expenses of the Foreign Agricultural Service, 
     including carrying out title VI of the Agricultural Act of 
     1954 (7 U.S.C. 1761-1768), market development activities 
     abroad, and for enabling the Secretary to coordinate and 
     integrate activities of the Department in connection with 
     foreign agricultural work, including not to exceed $128,000 
     for representation allowances and for expenses pursuant to 
     section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), 
     $136,203,000: Provided, That the Service may utilize advances 
     of funds, or reimburse this appropriation for expenditures 
     made on behalf of Federal agencies, public and private 
     organizations and institutions under agreements executed 
     pursuant to the agricultural food production assistance 
     programs (7 U.S.C. 1736) and the foreign assistance programs 
     of the International Development Cooperation Administration 
     (22 U.S.C. 2392).
       None of the funds in the foregoing paragraph shall be 
     available to promote the sale or export of tobacco or tobacco 
     products.


               Public Law 480 Program and Grant Accounts

                     (including transfers of funds)

       For expenses during the current fiscal year, not otherwise 
     recoverable, and unrecovered prior years' costs, including 
     interest thereon, under the Agricultural Trade Development 
     and Assistance Act of 1954 (7 U.S.C. 1691, 1701-1704, 1721-
     1726a, 1727-1727e, 1731-1736g-3, and 1737),

[[Page H11050]]

     as follows: (1) $203,475,000 for Public Law 480 title I 
     credit, including Food for Progress programs; (2) $16,249,000 
     is hereby appropriated for ocean freight differential costs 
     for the shipment of agricultural commodities pursuant to 
     title I of said Act and the Food for Progress Act of 1985; 
     (3) $837,000,000 is hereby appropriated for commodities 
     supplied in connection with dispositions abroad pursuant to 
     title II of said Act; and (4) $25,000,000 is hereby 
     appropriated for commodities supplied in connection with 
     dispositions abroad pursuant to title III of said Act: 
     Provided, That not to exceed 15 percent of the funds made 
     available to carry out any title of said Act may be used to 
     carry out any other title of said Act: Provided further, That 
     such sums shall remain available until expended (7 U.S.C. 
     2209b).
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of direct credit agreements 
     as authorized by the Agricultural Trade Development and 
     Assistance Act of 1954, and the Food for Progress Act of 
     1985, including the cost of modifying credit agreements under 
     said Act, $176,596,000.
       In addition, for administrative expenses to carry out the 
     Public Law 480 title I credit program, and the Food for 
     Progress Act of 1985, to the extent funds appropriated for 
     Public Law 480 are utilized, $1,850,000, of which $1,035,000 
     may be transferred to and merged with the appropriation for 
     ``Foreign Agricultural Service and General Sales Manager'' 
     and $815,000 may be transferred to and merged with the 
     appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.


       Commodity Credit Corporation Export Loans Program Account

                     (including transfers of funds)

       For administrative expenses to carry out the Commodity 
     Credit Corporation's export guarantee program, GSM 102 and 
     GSM 103, $3,820,000; to cover common overhead expenses as 
     permitted by section 11 of the Commodity Credit 
     Corporation Charter Act and in conformity with the Federal 
     Credit Reform Act of 1990, of which $3,231,000 may be 
     transferred to and merged with the appropriation for 
     ``Foreign Agricultural Service and General Sales Manager'' 
     and $589,000 may be transferred to and merged with the 
     appropriation for ``Farm Service Agency, Salaries and 
     Expenses''.

                                TITLE VI

           RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         Salaries and Expenses

       For necessary expenses of the Food and Drug Administration, 
     including hire and purchase of passenger motor vehicles; for 
     payment of space rental and related costs pursuant to Public 
     Law 92-313 for programs and activities of the Food and Drug 
     Administration which are included in this Act; for rental of 
     special purpose space in the District of Columbia or 
     elsewhere; and for miscellaneous and emergency expenses of 
     enforcement activities, authorized and approved by the 
     Secretary and to be accounted for solely on the Secretary's 
     certificate, not to exceed $25,000; $1,103,140,000, of which 
     not to exceed $132,273,000 in fees pursuant to section 736 of 
     the Federal Food, Drug, and Cosmetic Act may be credited to 
     this appropriation and remain available until expended: 
     Provided, That fees derived from applications received during 
     fiscal year 1999 shall be subject to the fiscal year 1999 
     limitation: Provided further, That none of these funds shall 
     be used to develop, establish, or operate any program of user 
     fees authorized by 31 U.S.C. 9701: Provided further, That of 
     the total amount appropriated: (1) $231,580,000 shall be for 
     the Center for Food Safety and Applied Nutrition and related 
     field activities in the Office of Regulatory Affairs, of 
     which, and notwithstanding section 409(h)(5)(A) of the 
     Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), 
     an amount of $500,000 shall be made available for the 
     development of systems, regulations, and pilot programs, if 
     any, that would be required to permit full implementation, 
     consistent with section 409(h)(5) of that Act, in fiscal year 
     2000 of the food contact substance notification program under 
     section 409(h) of such Act; (2) $291,981,000 shall be for the 
     Center for Drug Evaluation and Research and related field 
     activities in the Office of Regulatory Affairs; (3) 
     $125,095,000 shall be for the Center for Biologics Evaluation 
     and Research and for related field activities in the Office 
     of Regulatory Affairs; (4) $41,973,000 shall be for the 
     Center for Veterinary Medicine and for related field 
     activities in the Office of Regulatory Affairs; (5) 
     $145,736,000 shall be for the Center for Devices and 
     Radiological Health and for related field activities in the 
     Office of Regulatory Affairs; (6) $31,579,000 shall be for 
     the National Center for Toxicological Research; (7) 
     $34,000,000 shall be for the Office of Tobacco; (8) 
     $25,855,000 shall be for Rent and Related activities, other 
     than the amounts paid to the General Services Administration; 
     (9) $88,294,000 shall be for payments to the General Services 
     Administration for rent and related costs; and (10) 
     $87,047,000 shall be for other activities, including the 
     Office of the Commissioner, the Office of Policy, the Office 
     of External Affairs, the Office of Operations, the Office of 
     Management and Systems, and central services for these 
     offices: Provided further, That funds may be transferred from 
     one specified activity to another with the prior approval of 
     the Committee on Appropriations of both Houses of Congress.
       In addition, fees pursuant to section 354 of the Public 
     Health Service Act may be credited to this account, to remain 
     available until expended.
       In addition, fees pursuant to section 801 of the Federal 
     Food, Drug, and Cosmetic Act may be credited to this account, 
     to remain available until expended.


                        Buildings and Facilities

       For plans, construction, repair, improvement, extension, 
     alteration, and purchase of fixed equipment or facilities of 
     or used by the Food and Drug Administration, where not 
     otherwise provided, $11,350,000, to remain available until 
     expended (7 U.S.C. 2209b).

                       DEPARTMENT OF THE TREASURY

                      Financial Management Service


  Payments to the Farm Credit System Financial Assistance Corporation

       For necessary payments to the Farm Credit System Financial 
     Assistance Corporation by the Secretary of the Treasury, as 
     authorized by section 6.28(c) of the Farm Credit Act of 1971, 
     for reimbursement of interest expenses incurred by the 
     Financial Assistance Corporation on obligations issued 
     through 1994, as authorized, $2,565,000.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

       For necessary expenses to carry out the provisions of the 
     Commodity Exchange Act (7 U.S.C. 1 et seq.), including the 
     purchase and hire of passenger motor vehicles; the rental of 
     space (to include multiple year leases) in the District of 
     Columbia and elsewhere; and not to exceed $25,000 for 
     employment under 5 U.S.C. 3109, $61,000,000, including not to 
     exceed $1,000 for official reception and representation 
     expenses: Provided, That the Commission is authorized to 
     charge reasonable fees to attendees of Commission sponsored 
     educational events and symposia to cover the Commission's 
     costs of providing those events and symposia, and 
     notwithstanding 31 U.S.C. 3302, said fees shall be 
     credited to this account, to be available without further 
     appropriation.

                       Farm Credit Administration


                 Limitation of Administrative Expenses

       Not to exceed $35,800,000 (from assessments collected from 
     farm credit institutions and from the Federal Agricultural 
     Mortgage Corporation) shall be obligated during the current 
     fiscal year for administrative expenses as authorized under 
     12 U.S.C. 2249: Provided, That this limitation shall not 
     apply to expenses associated with receiverships.

                     TITLE VII--GENERAL PROVISIONS

       Sec. 701. Within the unit limit of cost fixed by law, 
     appropriations and authorizations made for the Department of 
     Agriculture for the fiscal year 1999 under this Act shall be 
     available for the purchase, in addition to those specifically 
     provided for, of not to exceed 440 passenger motor vehicles, 
     of which 437 shall be for replacement only, and for the hire 
     of such vehicles.
       Sec. 702. Funds in this Act available to the Department of 
     Agriculture shall be available for uniforms or allowances 
     therefor as authorized by law (5 U.S.C. 5901-5902).
       Sec. 703. Not less than $1,500,000 of the appropriations of 
     the Department of Agriculture in this Act for research and 
     service work authorized by the Acts of August 14, 1946, and 
     July 28, 1954 (7 U.S.C. 427 and 1621-1629), and by chapter 63 
     of title 31, United States Code, shall be available for 
     contracting in accordance with said Acts and chapter.
       Sec. 704. The cumulative total of transfers to the Working 
     Capital Fund for the purpose of accumulating growth capital 
     for data services and National Finance Center operations 
     shall not exceed $2,000,000: Provided, That no funds in this 
     Act appropriated to an agency of the Department shall be 
     transferred to the Working Capital Fund without the approval 
     of the agency administrator.
       Sec. 705. New obligational authority provided for the 
     following appropriation items in this Act shall remain 
     available until expended (7 U.S.C. 2209b): Animal and Plant 
     Health Inspection Service, the contingency fund to meet 
     emergency conditions, fruit fly program, integrated systems 
     acquisition project, and up to $2,000,000 for costs 
     associated with collocating regional offices; Farm Service 
     Agency, salaries and expenses funds made available to county 
     committees; and Foreign Agricultural Service, middle-income 
     country training program.
       New obligational authority for the boll weevil program; up 
     to 10 percent of the screwworm program of the Animal and 
     Plant Health Inspection Service; Food Safety and Inspection 
     Service, field automation and information management project; 
     funds appropriated for rental payments; funds for the Native 
     American Institutions Endowment Fund in the Cooperative State 
     Research, Education, and Extension Service; and funds for the 
     competitive research grants (7 U.S.C. 450i(b)), shall remain 
     available until expended.
       Sec. 706. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 707. Not to exceed $50,000 of the appropriations 
     available to the Department of Agriculture in this Act shall 
     be available to provide appropriate orientation and language 
     training pursuant to Public Law 94-449.
       Sec. 708. No funds appropriated by this Act may be used to 
     pay negotiated indirect cost rates on cooperative agreements 
     or similar arrangements between the United States Department 
     of Agriculture and nonprofit institutions in excess of 10 
     percent of the total direct cost of the agreement when the 
     purpose of such cooperative arrangements is to carry out 
     programs of mutual interest between the two parties. This 
     does not preclude appropriate payment of indirect costs on 
     grants and contracts with such institutions when such 
     indirect costs are computed on a similar basis for all 
     agencies for which appropriations are provided in this Act.

[[Page H11051]]

       Sec. 709. Notwithstanding any other provision of this Act, 
     commodities acquired by the Department in connection with 
     Commodity Credit Corporation and section 32 price support 
     operations may be used, as authorized by law (15 U.S.C. 714c 
     and 7 U.S.C. 612c), to provide commodities to individuals in 
     cases of hardship as determined by the Secretary of 
     Agriculture.
       Sec. 710. None of the funds in this Act shall be available 
     to restrict the authority of the Commodity Credit Corporation 
     to lease space for its own use or to lease space on behalf of 
     other agencies of the Department of Agriculture when such 
     space will be jointly occupied.
       Sec. 711. None of the funds in this Act shall be available 
     to pay indirect costs on research grants awarded 
     competitively by the Cooperative State Research, Education, 
     and Extension Service that exceed 14 percent of total Federal 
     funds provided under each award: Provided, That 
     notwithstanding section 1462 of the National Agricultural 
     Research, Extension, and Teaching Policy Act of 1977 
     (7 U.S.C. 3310), funds provided by this Act for grants 
     awarded competitively by the Cooperative State Research, 
     Education, and Extension Service shall be available to pay 
     full allowable indirect costs for each grant awarded under 
     the Small Business Innovation Development Act of 1982, 
     Public Law 97-219 (15 U.S.C. 638).
       Sec. 712. Notwithstanding any other provisions of this Act, 
     all loan levels provided in this Act shall be considered 
     estimates, not limitations.
       Sec. 713. Appropriations to the Department of Agriculture 
     for the cost of direct and guaranteed loans made available in 
     fiscal year 1999 shall remain available until expended to 
     cover obligations made in fiscal year 1999 for the following 
     accounts: the rural development loan fund program account; 
     the Rural Telephone Bank program account; the rural 
     electrification and telecommunications loans program account; 
     and the rural economic development loans program account.
       Sec. 714. Such sums as may be necessary for fiscal year 
     1999 pay raises for programs funded by this Act shall be 
     absorbed within the levels appropriated by this Act.
       Sec. 715. Notwithstanding the Federal Grant and Cooperative 
     Agreement Act, marketing services of the Agricultural 
     Marketing Service; Grain Inspection, Packers and Stockyards 
     Administration; and the Animal and Plant Health Inspection 
     Service may use cooperative agreements to reflect a 
     relationship between the Agricultural Marketing Service, the 
     Grain Inspection, Packers and Stockyards Administration or 
     the Animal and Plant Health Inspection Service and a State or 
     Cooperator to carry out agricultural marketing programs or to 
     carry out programs to protect the Nation's animal and plant 
     resources.
       Sec. 716. Notwithstanding the Federal Grant and Cooperative 
     Agreement Act, the Natural Resources Conservation Service may 
     enter into contracts, grants, or cooperative agreements with 
     a State agency or subdivision, or a public or private 
     organization, for the acquisition of goods or services, 
     including personal services, to carry out natural resources 
     conservation activities: Provided, That Commodity Credit 
     Corporation funds obligated for such purposes shall not 
     exceed the level obligated by the Commodity Credit 
     Corporation for such purposes in fiscal year 1998.
       Sec. 717. None of the funds in this Act may be used to 
     retire more than 5 percent of the Class A stock of the Rural 
     Telephone Bank or to maintain any account or subaccount 
     within the accounting records of the Rural Telephone Bank the 
     creation of which has not specifically been authorized by 
     statute: Provided, That notwithstanding any other provision 
     of law, none of the funds appropriated or otherwise made 
     available in this Act may be used to transfer to the Treasury 
     or to the Federal Financing Bank any unobligated balance of 
     the Rural Telephone Bank telephone liquidating account which 
     is in excess of current requirements and such balance shall 
     receive interest as set forth for financial accounts in 
     section 505(c) of the Federal Credit Reform Act of 1990.
       Sec. 718. Hereafter, none of the funds made available in 
     this Act may be used to provide assistance to, or to pay the 
     salaries of personnel to carry out a market promotion/market 
     access program pursuant to section 203 of the Agricultural 
     Trade Act of 1978 (7 U.S.C. 5623) that provides assistance to 
     the United States Mink Export Development Council or any mink 
     industry trade association.
       Sec. 719. Of the funds made available by this Act, not more 
     than $1,800,000 shall be used to cover necessary expenses of 
     activities related to all advisory committees, panels, 
     commissions, and task forces of the Department of 
     Agriculture, except for panels used to comply with negotiated 
     rule makings and panels used to evaluate competitively 
     awarded grants: Provided, That interagency funding is 
     authorized to carry out the purposes of the National Drought 
     Policy Commission.
       Sec. 720. None of the funds appropriated in this Act may be 
     used to carry out the provisions of section 918 of Public Law 
     104-127, the Federal Agriculture Improvement and Reform 
     Act.
       Sec. 721. No employee of the Department of Agriculture may 
     be detailed or assigned from an agency or office funded by 
     this Act to any other agency or office of the Department for 
     more than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.
       Sec. 722. None of the funds appropriated or otherwise made 
     available to the Department of Agriculture shall be used to 
     transmit or otherwise make available to any non-Department of 
     Agriculture employee questions or responses to questions that 
     are a result of information requested for the appropriations 
     hearing process.
       Sec. 723. None of the funds made available to the 
     Department of Agriculture by this Act may be used to acquire 
     new information technology systems or significant upgrades, 
     as determined by the Office of the Chief Information Officer, 
     without the approval of the Chief Information Officer and the 
     concurrence of the Executive Information Technology 
     Investment Review Board: Provided, That notwithstanding any 
     other provision of law, none of the funds appropriated or 
     otherwise made available by this Act may be transferred to 
     the Office of the Chief Information Officer without the prior 
     approval of the Committee on Appropriations of both Houses of 
     Congress.
       Sec. 724. (a) None of the funds provided by this Act, or 
     provided by previous Appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 1999, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes offices, programs, or 
     activities; or (6) contracts out or privatizes any functions 
     or activities presently performed by Federal employees; 
     unless the Committee on Appropriations of both Houses of 
     Congress are notified fifteen days in advance of such 
     reprogramming of funds.
       (b) None of the funds provided by this Act, or provided by 
     previous Appropriations Acts to the agencies funded by this 
     Act that remain available for obligation or expenditure in 
     fiscal year 1999, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Committee on Appropriations 
     of both Houses of Congress are notified fifteen days in 
     advance of such reprogramming of funds.
       Sec. 725. None of the funds appropriated or otherwise made 
     available by this Act or any other Act may be used to pay the 
     salaries and expenses of personnel to carry out section 793 
     of Public Law 104-127, with the exception of funds made 
     available under that section on January 1, 1997.
       Sec. 726. None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel who carry out an environmental quality 
     incentives program authorized by sections 334-341 of Public 
     Law 104-127 in excess of $174,000,000.
       Sec. 727. None of the funds appropriated or otherwise 
     available to the Department of Agriculture may be used to 
     administer the provision of contract payments to a producer 
     under the Agricultural Market Transition Act (7 U.S.C. 7201 
     et seq.) for contract acreage on which wild rice is planted 
     unless the contract payment is reduced by an acre for each 
     contract acre planted to wild rice.
       Sec. 728. The Federal facility located in Stuttgart, 
     Arkansas, and known as the ``United States National Rice 
     Germplasm Evaluation and Enhancement Center'', shall be known 
     and designated as the ``Dale Bumpers National Rice Research 
     Center'': Provided, That any reference in law, map, 
     regulation, document, paper, or other record of the United 
     States to such federal facility shall be deemed to be a 
     reference to the ``Dale Bumpers National Rice Research 
     Center''.
       Sec. 729. Notwithstanding any other provision of law, the 
     Secretary of Agriculture, subject to the reprogramming 
     requirements established by this Act, may transfer up to 
     $26,000,000 in discretionary funds made available by this Act 
     among programs of the Department, not otherwise appropriated 
     for a specific purpose or a specific location, for 
     distribution to or for the benefit of the Lower Mississippi 
     Delta Region, as defined in Public Law 100-460, prior to 
     normal state or regional allocation of funds: Provided, 
     That any funds made available through Chapter Four of 
     Subtitle D of Title XII of the Food Security Act of 1985 
     (16 U.S.C. 3839aa et seq.) may be included in any amount 
     reprogrammed under this section if such funds are used for 
     a purpose authorized by such Chapter: Provided further, 
     That any funds made available from ongoing programs of the 
     Department of Agriculture used for the benefit of the 
     Lower Mississippi Delta Region shall be counted toward the 
     level cited in this section.
       Sec. 730. None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel to enroll in excess of 120,000 acres in 
     the fiscal year 1999 wetlands reserve program as authorized 
     by 16 U.S.C. 3837.
       Sec. 731. None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel to carry out the emergency food 
     assistance program authorized by section 27(a) of the Food 
     Stamp Act if such program exceeds $90,000,000.
       Sec. 732. None of the funds appropriated or otherwise made 
     available by this or any other Act shall be used to pay the 
     salaries and expenses of personnel to carry out the 
     provisions of section 401 of Public Law 105-185.

[[Page H11052]]

       Sec. 733. Notwithstanding any other provision of law, the 
     City of Big Spring, Texas shall be eligible to participate in 
     rural housing programs administered by the Rural Housing 
     Service.
       Sec. 734. Notwithstanding any other provision of law, the 
     Municipality of Carolina, Puerto Rico shall be eligible for 
     grants and loans administered by the Rural Utilities Service.
       Sec. 735. Notwithstanding section 381A of the Consolidated 
     Farm and Rural Development Act (7 U.S.C. 2009), the 
     definitions of rural areas for certain business programs 
     administered by the Rural Business-Cooperative Service and 
     the community facilities programs administered by the Rural 
     Housing Service shall be those provided for in statute and 
     regulations prior to the enactment of Public Law 104-127.
       Sec. 736. None of the funds appropriated or otherwise made 
     available by this Act shall be used to carry out any 
     commodity purchase program that would prohibit eligibility or 
     participation by farmer-owned cooperatives.
       Sec. 737. Section 512(d)(4)(D)(iii) of the Federal Food, 
     Drug, and Cosmetic Act (21 U.S.C. 360b(d)(4)(D)(iii)) is 
     amended by inserting before the semicolon the following: ``, 
     except that for purposes of this clause, antibacterial 
     ingredient or animal drug does not include the ionophore or 
     arsenical classes of animal drugs''.
       Sec. 738. (a) None of the funds appropriated or otherwise 
     made available to the Secretary by this Act, any other Act, 
     or any other source may be used to issue the final rule to 
     implement the amendments to Federal milk marketing orders 
     required by subsection (a)(1) of section 143 of the 
     Agricultural Market Transition Act (7 U.S.C. 7253), other 
     than during the period of February 1, 1999, through April 4, 
     1999, and only if the actual implementation of the amendments 
     as part of Federal milk marketing orders takes effect on 
     October 1, 1999, notwithstanding the penalties that would 
     otherwise be imposed under subsection (c) of such section.
       (b) None of such funds may be used to designate the State 
     of California as a separate Federal milk marketing order 
     under subsection (a)(2) of such section, other than during 
     the period beginning on the date of the issuance of the final 
     rule referred to in subsection (a) through September 30, 
     1999.
       (c) For purposes of this section, a rule shall be 
     considered to be a final rule when the rule is submitted to 
     Congress as required by chapter 8 of title 5, United 
     States Code, to permit congressional review of agency 
     rulemaking and before the Secretary of Agriculture 
     conducts the producer referendum required under section 
     8c(19) of the Agricultural Adjustment Act (7 U.S.C. 
     608c(19)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937.
       Sec. 739. Whenever the Secretary of Agriculture announces 
     the basic formula price for milk for purposes of Federal milk 
     marketing orders issued under section 8c of the Agricultural 
     Adjustment Act (7 U.S.C. 608c), reenacted with amendments by 
     the Agricultural Marketing Agreement Act of 1937, the 
     Secretary shall include in the announcement an estimate, 
     stated on a per hundredweight basis, of the costs incurred by 
     milk producers, including transportation and marketing costs, 
     to produce milk in the different regions of the United 
     States.
       Sec. 740. None of the funds appropriated or otherwise made 
     available by this Act shall be used to pay the salaries and 
     expenses of personnel to carry out a conservation farm option 
     program, as authorized by section 335 of Public Law 104-127.
       Sec. 741. Waiver of Statute of Limitations. (a) To the 
     extent permitted by the Constitution, any civil action to 
     obtain relief with respect to the discrimination alleged in 
     an eligible complaint, if commenced not later than 2 years 
     after the date of the enactment of this Act, shall not be 
     barred by any statute of limitations.
       (b) The complainant may, in lieu of filing a civil action, 
     seek a determination on the merits of the eligible complaint 
     by the Department of Agriculture if such complaint was filed 
     not later than 2 years after the date of enactment of this 
     Act. The Department of Agriculture shall--
       (1) provide the complainant an opportunity for a hearing on 
     the record before making that determination;
       (2) award the complainant such relief as would be afforded 
     under the applicable statute from which the eligible 
     complaint arose notwithstanding any statute of limitations; 
     and
       (3) to the maximum extent practicable within 180 days after 
     the date a determination of an eligible complaint is sought 
     under this subsection conduct an investigation, issue a 
     written determination and propose a resolution in accordance 
     with this subsection.
       (c) Notwithstanding subsections (a) and (b), if an eligible 
     claim is denied administratively, the claimant shall have at 
     least 180 days to commence a cause of action in a Federal 
     court of competent jurisdiction seeking a review of such 
     denial.
       (d) The United States Court of Federal Claims and the 
     United States District Court shall have exclusive original 
     jurisdiction over--
       (1) any cause of action arising out of a complaint with 
     respect to which this section waives the statute of 
     limitations; and
       (2) any civil action for judicial review of a determination 
     in an administrative proceeding in the Department of 
     Agriculture under this section.
       (e) As used in this section, the term ``eligible 
     complaint'' means a nonemployment related complaint that was 
     filed with the Department of Agriculture before July 1, 1997 
     and alleges discrimination at any time during the period 
     beginning on January 1, 1981 and ending December 31, 1996--
       (1) in violation of the Equal Credit Opportunity Act (15 
     U.S.C. 1691 et seq.) in administering--
       (A) a farm ownership, farm operating, or emergency loan 
     funded from the Agricultural Credit Insurance Program 
     Account; or
       (B) a housing program established under title V of the 
     Housing Act of 1949; or
       (2) in the administration of a commodity program or a 
     disaster assistance program.
       (f) This section shall apply in fiscal year 1999 and 
     thereafter.
       (g) The standard of review for judicial review of an agency 
     action with respect to an eligible complaint is de novo 
     review. Chapter 5 of title 5 of the United States Code shall 
     apply with respect to an agency action under this section 
     with respect to an eligible complaint, without regard to 
     section 554(a)(1) of that title.
       Sec. 742. In any claim brought under the Rehabilitation Act 
     of 1973 and filed with the Secretary of Agriculture after 
     January 1994 resulting in a finding that a farmer was 
     subjected to discrimination under any farm loan program or 
     activity conducted by the United States Department of 
     Agriculture in violation of section 504 of the Rehabilitation 
     Act of 1973 (29 U.S.C. 794), the Secretary of Agriculture 
     shall be liable for compensatory damages. Such liability 
     shall apply to any administrative action brought before the 
     date of enactment of this Act, but only if the action is 
     brought within the applicable statute of limitations and the 
     complainant sought or seeks compensatory damages while the 
     action is pending.
       Sec. 743. Public Law 102-237, Title X, Section 1013(a) and 
     (b) (7 U.S.C. 426 note) is amended by striking ``, to the 
     extent practicable,'' in each instance in which it appears.
       Sec. 744. Funds made available for conservation operations 
     by this or any other Act, including prior-year balances, 
     shall be available for financial assistance and technical 
     assistance for the purpose of constructing the Franklin 
     County Lake Project, Mississippi, in the amounts earmarked in 
     appropriations report language.
       Sec. 745. Section 306D of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1926d) is amended by inserting ``25 
     percent in'' in lieu of ``equal'' in subsection (b), and by 
     inserting ``$20,000,000'' in lieu of ``$15,000,000'' in 
     subsection (d).
       Sec. 746. None of the funds made available to the Food and 
     Drug Administration by this Act shall be used to close or 
     relocate, or to plan to close or relocate, the Food and Drug 
     Administration Division of Drug Analysis in St. Louis, 
     Missouri.
       Sec. 747. None of the funds made available by this Act or 
     any other Act for any fiscal year may be used to carry out 
     section 302(h) of the Agricultural Marketing Act of 1946 (7 
     U.S.C. 1622(h)) unless the Secretary of Agriculture inspects 
     and certifies agricultural processing equipment, and imposes 
     a fee for the inspection and certification, in a manner that 
     is similar to the inspection and certification of 
     agricultural products under that section, as determined by 
     the Secretary: Provided, That this provision shall not affect 
     the authority of the Secretary to carry out the Federal Meat 
     Inspection Act (21 U.S.C. 601 et seq.), the Poultry Products 
     Inspection Act (21 U.S.C. 451 et seq.), or the Egg Products 
     Inspection Act (21 U.S.C. 1031 et seq.).
       Sec. 748. Notwithstanding the provisions of section 
     508(b)(5)(A) of the Federal Crop Insurance Act (7 U.S.C. 
     1508(b)(5)(A)), for the 1999 reinsurance and subsequent 
     reinsurance years, no producer shall pay more than $50 per 
     crop per county as an administrative fee for catastrophic 
     risk protection under section 508(b)(5)(A) of the Act.
       Sec. 749. That notwithstanding section 4703(d)(1) of title 
     5, United States Code, the personnel management demonstration 
     project established in the Department of Agriculture, as 
     described at 55 FR 9062 and amended at 61 FR 9507 and 61 FR 
     49178, shall be continued indefinitely and become effective 
     upon enactment of this Act.
       Sec. 750. Strike the last sentence under the heading of 
     Title IV--International Programs, Foreign Agricultural 
     Service of Public Law 100-202 (101 STAT. 1329 et seq.) and 
     insert in lieu thereof the following: ``On or after August 1, 
     1998 such individuals employed by contract to perform such 
     services shall not, by virtue of such employment, be 
     considered to be employees of the United States Government 
     for purposes of any law administered by the Office of 
     Personnel Management. Such individuals may be considered 
     employees within the meaning of the Federal Employee 
     Compensation Act, 5 U.S.C. 8101 et seq.''.
       Sec. 751. Section 1237D(c)(1) of subchapter C of the Food 
     Security Act of 1985 is amended by inserting after 
     ``perpetual'' the following ``or 30-year''.
       Sec. 752. Section 1237(b)(2) of subchapter C of the Food 
     Security Act of 1985 is amended by adding the following:
       ``(C) For purposes of subparagraph (A), to the maximum 
     extent practicable should be interpreted to mean that 
     acceptance of wetlands reserve program bids may be in 
     proportion to landowner interest expressed in program 
     options.''.
       Sec. 753. (a) Section 3(d)(3) of the Forest and Rangeland 
     Renewable Resources Research Act of 1978 (16 U.S.C. 
     1642(d)(3)) (as amended by section 253(b) of the Agricultural 
     Research, Extension, and Education Reform Act of 1998) is 
     amended by striking ``The Secretary'' and inserting ``At the 
     request of the Governor of the State of Maine, New Hampshire, 
     New York, or Vermont, the Secretary''.
       (b) Section 7(e)(2) of the Honey Research, Promotion, and 
     Consumer Information Act (7 U.S.C. 4606(e)(2)) (as amended by 
     section 605(f)(3) of the Agricultural Research, Extension, 
     and Education Reform Act of 1998) is amended by striking 
     ``$0.0075'' each place it appears and inserting ``$0.01''.
       (c)(1) Section 793(c)(2)(B) of the Federal Agriculture 
     Improvement and Reform Act of 1996 (7 U.S.C. 2204f(c)(2)(B)) 
     is amended--
       (A) in clause (iii), by striking ``or'' at the end;

[[Page H11053]]

       (B) in clause (iv), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(v) a State agricultural experiment station.''.
       (2) Section 401(d) of the Agricultural Research, Extension, 
     and Education Reform Act of 1998 (7 U.S.C. 7621(d)) is 
     amended--
       (A) in paragraph (3), by striking ``or'' at the end;
       (B) in paragraph (4), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(5) a State agricultural experiment station.''.
       (d) Section 3(d) of the Hatch Act of 1887 (7 U.S.C. 
     361c(d)) is amended--
       (1) in paragraph (1), by striking ``No'' and inserting 
     ``Except as provided in paragraph (4), no''; and
       (2) by adding at the end the following:
       ``(4) Territories.--In lieu of the matching funds 
     requirement of paragraph (1), the Commonwealth of Puerto 
     Rico, the Virgin Islands, and Guam shall be subject to the 
     same matching funds requirements as those applicable to an 
     eligible institution under section 1449 of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3222d).''.
       (e) Section 3(e) of the Smith-Lever Act (7 U.S.C. 343(e)) 
     is amended--
       (1) in paragraph (1), by inserting ``paragraph (4) and'' 
     after ``provided in''; and
       (2) by adding at the end the following:
       ``(4) Territories.--In lieu of the matching funds 
     requirement of paragraph (1), the Commonwealth of Puerto 
     Rico, the Virgin Islands, and Guam shall be subject to the 
     same matching funds requirements as those applicable to an 
     eligible institution under section 1449 of the National 
     Agricultural Research, Extension, and Teaching Policy Act of 
     1977 (7 U.S.C. 3222d).''.
       (f) The amendments made by this section shall take effect 
     on the date of enactment of the Agricultural Research, 
     Extension, and Education Reform Act of 1998.
       Sec. 754. None of the funds appropriated by this Act or any 
     other Act shall be used to pay the salaries and expenses of 
     personnel who prepare or submit appropriations language as 
     part of the President's Budget submission to the Congress of 
     the United States for programs under the jurisdiction of the 
     Appropriations Subcommittees on Agriculture, Rural 
     Development, and Related Agencies that assumes revenues or 
     reflects a reduction from the previous year due to user fees 
     proposals that have not been enacted into law prior to the 
     submission of the Budget unless such Budget submission 
     identifies which additional spending reductions should occur 
     in the event the users fees proposals are not enacted prior 
     to the date of the convening of a committee of conference for 
     the fiscal year 2000 appropriations Act.
       Sec. 755. (a) Section 203(h) of the Agricultural Marketing 
     Act of 1946 (7 U.S.C. 1622(h)) is amended by adding at the 
     end the following: ``Shell eggs packed under the voluntary 
     grading program of the Department of Agriculture shall not 
     have been shipped for sale previous to being packed under the 
     program, as determined under a regulation promulgated by the 
     Secretary.''.
       (b) Not later than 90 days after the date of enactment of 
     this Act, the Secretary of Agriculture, and the Secretary of 
     Health and Human Services, shall submit a joint status report 
     to the Committees on Appropriations of the House of 
     Representatives and the Senate that describes actions taken 
     by the Secretary of Agriculture and the Secretary of Health 
     and Human Services--
       (1) to enhance the safety of shell eggs and egg products;
       (2) to prohibit the grading, under the voluntary grading 
     program of the Department of Agriculture, of shell eggs 
     previously shipped for sale; and
       (3) to assess the feasibility and desirability of applying 
     to all shell eggs the prohibition on repackaging to enhance 
     food safety, consumer information, and consumer awareness.
       Sec. 756. Expenses for computer-related activities of the 
     Department of Agriculture funded through the Commodity Credit 
     Corporation pursuant to section 161(b)(1)(A) of Public Law 
     104-127 in fiscal year 1999 shall not exceed $65,000,000: 
     Provided, That section 4(g) of the Commodity Credit 
     Corporation Charter Act is amended by striking $193,000,000 
     and inserting $188,000,000.
       Sec. 757. (a) The Secretary of Agriculture may use funds 
     for tree assistance made available under Public Law 105-174, 
     to carry out a tree assistance program to owners of trees 
     that were lost or destroyed as a result of a disaster or 
     emergency that was declared by the President or the Secretary 
     of Agriculture during the period beginning May 1, 1998, and 
     ending August 1, 1998, regardless of whether the damage 
     resulted in loss or destruction after August 1, 1998.
       (b) Subject to subsection (c), the Secretary shall carry 
     out the program, to the maximum extent practicable, in 
     accordance with the terms and conditions of the tree 
     assistance program established under part 783 of title 7, 
     Code of Federal Regulations.
       (c) A person shall be presumed eligible for assistance 
     under the program if the person demonstrates to the Secretary 
     that trees owned by the person were lost or destroyed by May 
     31, 1999, as a direct result of fire blight infestation that 
     was caused by a disaster or emergency described in subsection 
     (a).
       Sec. 758. None of the funds appropriated or otherwise made 
     available by this Act shall be used to establish an Office of 
     Community Food Security or any similar office within the 
     United States Department of Agriculture without the prior 
     approval of the Committee on Appropriations of both Houses of 
     Congress.
       Sec. 759. Notwithstanding any other provision of law, the 
     city of Vineland, New Jersey, shall be eligible for programs 
     administered by the Rural Housing Service and the Rural 
     Business-Cooperative Service.
       Sec. 760. (a)(1) For purpose of this section, the term 
     ``Commission'' means the Commodity Futures Trading 
     Commission.
       (2) For purposes of this section, the term ``qualifying 
     hybrid instrument or swap agreement'' means a hybrid 
     instrument or swap agreement that--
       (A) was entered into before the start of the restraint 
     period or is entered into during the restraint period; and
       (B) is exempt under part 34 or part 35 of title 17, Code of 
     Federal Regulations (as in effect on January 1, 1998), 
     qualifies for the safe harbor contained in the Policy 
     Statement of the Commission regarding swap agreements 
     published in the Federal Register on July 21, 1989 (54 Fed. 
     Reg. 30694), or qualifies for the exclusion set forth in the 
     Statutory Interpretation of the Commission concerning certain 
     hybrid instruments published in the Federal Register on April 
     11, 1990 (55 Fed. Reg. 13582).
       (3) For purposes of this section, the term ``restraint 
     period'' means the period--
       (A) beginning on the date of the enactment of this Act; and
       (B) ending on March 30, 1999, or the first date on which 
     legislation is enacted that authorizes appropriations for the 
     Commission for a fiscal year after fiscal year 2000, 
     whichever occurs first.
       (b) During the restraint period, the Commission may not 
     propose or issue any rule or regulation, or issue any 
     interpretation or policy statement, that restricts or 
     regulates activity in a qualifying hybrid instrument or swap 
     agreement.
       (c) Notwithstanding subsection (b), during the restraint 
     period, the Commission may--
       (1) act on a petition for exemptive relief under section 
     4(c) of the Commodity Exchange Act (7 U.S.C. 6(c));
       (2) enter such cease and desist orders and take such 
     enforcement action, including the imposition of sanctions, as 
     the Commission considers necessary to enforce any provision 
     of the Commodity Exchange Act (7 U.S.C. 1 et seq.) or title 
     17, Code of Federal Regulations, in connection with a 
     qualifying hybrid instrument or swap agreement, to the extent 
     such provision is otherwise applicable to that qualifying 
     hybrid instrument or swap agreement or a transaction 
     involving that qualifying hybrid instrument or swap 
     agreement;
       (3) take such action as the Commission considers 
     appropriate with regard to agricultural trade options; and
       (4) take such action as the Commission considers 
     appropriate to respond to a market emergency.
       (d)(1) The legal status of contracts involving a qualifying 
     hybrid instrument or swap agreement shall not differ from the 
     legal status afforded such contracts during the period--
       (A) beginning on--
       (i) in the case of swap agreements, July 21, 1989, which 
     was the date on which the Commission adopted a Policy 
     Statement regarding swap agreements (54 Fed. Reg. 30694); and
       (ii) in the case of hybrid instruments, April 11, 1990, 
     which was the date that the Statutory Interpretation of the 
     Commission concerning hybrid instruments was published in the 
     Federal Register; and
       (B) ending on January 1, 1998.
       (2) Neither the comment letter of the Commission submitted 
     on February 26, 1998, to the Securities and Exchange 
     Commission regarding the proposal known as ``Broker-Dealer 
     Lite'', nor the Concept Release of the Commission regarding 
     over-the-counter derivatives published in the Federal 
     Register on May 12, 1998 (63 Fed. Reg. 26114), shall alter or 
     affect the legal status of a qualifying hybrid instrument or 
     swap agreement under the Commodity Exchange Act (7 U.S.C. 1 
     et seq.).
       (e) Nothing in this section shall be construed as 
     reflecting or implying a determination that a qualifying 
     hybrid instrument or swap agreement, or a transaction 
     involving a qualifying hybrid instrument or swap agreement, 
     is subject to the Commodity Exchange Act (7 U.S.C. 1 et 
     seq.).
       Sec. 761. None of the funds appropriated or otherwise made 
     available by this or any other Act may be used to carry out 
     provision of section 612 of Public Law 105-185.
       Sec. 762. Section 136 of the Agricultural Market Transition 
     Act (7 U.S.C. 7236) is amended by striking ``1.25 cents'' 
     each place it appears in subsections (a) and (b) and 
     inserting ``3 cents''.
       Sec. 763. In implementing section 1124 of subtitle C of 
     title XI of this Act, the Secretary of Agriculture shall:
       (a) provide $18,000,000 to the states for distribution of 
     emergency aid to individuals with family incomes below the 
     federal poverty level who have been adversely affected 
     utilizing Federal Emergency Management Agency guidelines;
       (b) transfer to the Secretary of Commerce for obligation 
     and expenditure (1) $15,000,000 for programs pursuant to 
     title IX of Public Law 91-304, as amended, of which six 
     percent may be available for administrative costs; (2) 
     $5,000,000 for the Trade Adjustment Assistance program as 
     provided by the Trade Act of 1974, as amended; and (3) 
     $7,000,000 for disaster research and prevention pursuant to 
     section 402(d) of Public Law 94-265; and
       (c) transfer to the Administrator of the Small Business 
     Administration for obligation and expenditure, $5,000,000 for 
     the cost of direct loans authorized by section 7(b) of the 
     Small Business Act, as amended, for eligible small 
     businesses.
       Sec. 764. (a) Section 604 of the Clean Air Act is amended 
     by inserting at the end the following:
       ``(h) Methyl Bromide.--Notwithstanding subsection (d) and 
     section 604(b), the Administrator shall not terminate 
     production of methyl bromide prior to January 1, 2005. The 
     Administrator shall promulgate rules for reductions in, and 
     terminate the production, importation, and

[[Page H11054]]

     consumption of, methyl bromide under a schedule that is in 
     accordance with, but not more stringent than, the phaseout 
     schedule of the Montreal Protocol Treaty as in effect on the 
     date of the enactment of this subsection.''.
       (b) Section 604(d) of the Clean Air Act is amended by 
     inserting at the end the following:
       ``(5) Sanitation and food protection.--To the extent 
     consistent with the Montreal Protocol's quarantine and 
     preshipment provisions, the Administrator shall exempt the 
     production, importation, and consumption of methyl bromide to 
     fumigate commodities entering or leaving the United States or 
     any State (or political subdivision thereof) for purposes of 
     compliance with Animal and Plant Health Inspection Service 
     requirements or with any international, Federal, State, or 
     local sanitation or food protection standard.
         ``(6) Critical uses.--To the extent consistent with the 
     Montreal Protocol, the Administrator, after notice and the 
     opportunity for public comment, and after consultation with 
     other departments or instrumentalities of the Federal 
     Government having regulatory authority related to methyl 
     bromide, including the Secretary of the Agriculture, may 
     exempt the production, importation, and consumption of 
     methylbromide for critical uses.''.
       (c) Section 604(e) of the Clean Air Act is amended by 
     inserting at the end the following:
       ``(3) Methyl bromide.--Notwithstanding the phaseout and 
     termination of production of methyl bromide pursuant to 
     section 604(h), the Administrator may, consistent with the 
     Montreal Protocol, authorize the production of limited 
     quantities of methyl bromide, solely for use in developing 
     countries that are Parties to the Copenhagen Amendments to 
     the Montreal Protocol.''.
       Sec. 765. Notwithstanding any other provision of law, 
     permanent employees of county committees employed on or after 
     October 1, 1998, pursuant to 8(b) of the Soil Conservation 
     and Domestic Allotment Act (16 U.S.C. 590h(b)) shall be 
     considered as having Federal Civil Service status only for 
     the purpose of applying for the United States Department of 
     Agriculture Civil Service vacancies.
       Sec. 766. For grants for the rural empowerment zone and 
     enterprise communities programs, an additional $15,000,000 is 
     hereby appropriated, to remain available until expended, of 
     which $10,000,000, is for grants for entities designated 
     under section 1391(g) of the Internal Revenue Code of 1986, 
     for the Secretary of Agriculture to carry out a second round 
     of the empowerment zone program in rural areas; and of which 
     $5,000,000 is for grants for rural enterprise communities for 
     the Secretary of Agriculture to designate not more than 20 
     additional rural enterprise communities provided that such 
     communities meet the designation and eligibility requirements 
     of part I of subchapter U of chapter 1 of the Internal 
     Revenue Code of 1986: Provided, That the designation of rural 
     enterprise communities pursuant to this section shall be 
     solely for the purpose of this section and not for tax 
     treatment under the Internal Revenue Code: Provided further, 
     That these funds are in addition to any other funds made 
     available for empowerment zones and enterprise communities.

                    TITLE VIII--AGRICULTURAL CREDIT

       Sec. 801. Section 373 of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2008h) is amended by striking 
     subsection (b) and inserting the following:
       ``(b) Prohibition of Loans for Borrowers That Have Received 
     Debt Forgiveness.--
       ``(1) Prohibitions.--Except as provided in paragraph (2)--
       ``(A) the Secretary may not make a loan under this title to 
     a borrower that has received debt forgiveness on a loan made 
     or guaranteed under this title; and
       ``(B) the Secretary may not guarantee a loan under this 
     title to a borrower that has received--
       ``(i) debt forgiveness after April 4, 1996, on a loan made 
     or guaranteed under this title; or
       ``(ii) received debt forgiveness on more than 3 occasions 
     on or before April 4, 1996.
       ``(2) Exceptions.--
       ``(A) In general.--The Secretary may make a direct or 
     guaranteed farm operating loan for paying annual farm or 
     ranch operating expenses of a borrower who--
       (i) was restructured with a write-down under section 353; 
     or
       (ii) is current on payments under a confirmed 
     reorganization plan under chapters 11, 12, or 13 of Title 11 
     of the United States Code.
       ``(B) Emergency loans.--The Secretary may make an emergency 
     loan under section 321 to a borrower that--
       ``(i) on or before April 4, 1996, received not more than 1 
     debt forgiveness on a loan made or guaranteed under this 
     title; and
       ``(ii) after April 4, 1996, has not received debt 
     forgiveness on a loan made or guaranteed under this title.''.
       Sec. 802. Section 324(d) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1964(d)) is amended--
       (1) by striking ``(d) All loans'' and inserting the 
     following:
       ``(d) Repayment.--
       ``(1) In general.-- All loans''; and
       (2) by adding at the end the following:
       ``(2) No basis for denial of loan.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Secretary shall not deny a loan under this subtitle to a 
     borrower by reason of the fact that the borrower lacks a 
     particular amount of collateral for the loan if the Secretary 
     is reasonably certain that the borrower will be able to repay 
     the loan.
       ``(B) Refusal to pledge available collateral.--The 
     Secretary may deny or cancel a loan under this subtitle if a 
     borrower refuses to pledge available collateral on request by 
     the Secretary.''.
       Sec. 803. (a) Section 508(n) of the Federal Crop Insurance 
     Act (7 U.S.C. 1508(n)) is amended--
       (1) by striking ``If'' and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     if''; and
       (2) by adding at the end the following:
       ``(2) Exception.--Paragraph (1) shall not apply to 
     emergency loans under subtitle C of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1961 et seq.).''.
       (b) Section 196(i)(3) of the Agricultural Market Transition 
     Act (7 U.S.C. 7333(i)(3)) is amended--
       (1) by striking ``If'' and inserting the following:
       ``(A) In general.--Except as provided in subparagraph (B), 
     if''; and
       (2) by adding at the end the following:
     ``(B) Exception.--Subparagraph (A) shall not apply to 
     emergency loans under subtitle C of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1961 et seq.).''.
       Sec. 804. Section 302 of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1922) is amended by adding at the 
     end the following:
       ``(D) Notice.--Beginning with fiscal year 2000 not later 
     than 12 months before a borrower will become ineligible for 
     direct loans under this subtitle by reason of this paragraph, 
     the Secretary shall notify the borrower of such impending 
     ineligibility.''.
       Sec. 805. The Consolidated Farm and Rural Development Act 
     (7 U.S.C. 1921 et seq.) is amended--
       (1) in section 302(a)(2) (7 U.S.C. 1922(a)(2)), by 
     inserting ``for direct loans only,'' before ``have either'';
       (2) in section 311(a)(2) (7 U.S.C. 1941(a)(2)), by 
     inserting ``for direct loans only,'' before ``have either''; 
     and
       (3) in section 359 (7 U.S.C. 2006a)--
       (A) in subsection (a), by striking ``and guaranteed''; and
       (B) in subsection (c), by striking ``or guaranteed'' each 
     place it appears.
       Sec. 806. (a) Section 305 of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1925) is amended--
       (1) by striking ``Sec. 305. The Secretary'' and inserting 
     the following:

     ``SEC. 305. LIMITATIONS ON AMOUNT OF FARM OWNERSHIP LOANS.

       ``(a) In General.--The Secretary'';
       (2) by striking ``$300,000'' and inserting ``$700,000 
     (increased, beginning with fiscal year 2000, by the inflation 
     percentage applicable to the fiscal year in which the loan is 
     guaranteed and reduced by the amount of any unpaid 
     indebtedness of the borrower on loans under subtitle B that 
     are guaranteed by the Secretary)'';
       (3) by striking ``In determining'' and inserting the 
     following:
       ``(b) Determination of Value.--In determining''; and
       (4) by adding at the end the following:
       ``(c) Inflation Percentage.--For purposes of this section, 
     the inflation percentage applicable to a fiscal year is the 
     percentage (if any) by which--
       ``(1) the average of the Prices Paid By Farmers Index (as 
     compiled by the National Agricultural Statistics of the 
     Department of Agriculture) for the 12-month period ending on 
     August 31 of the immediately preceding fiscal year; exceeds
       ``(2) the average of such index (as so defined) for the 12-
     month period ending on August 31, 1996.''.
       (b) Section 313 of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 1943) is amended--
       (1) by striking ``Sec. 313. The Secretary'' and inserting 
     the following:

     ``SEC. 313. LIMITATIONS ON AMOUNT OF OPERATING LOANS.

       ``(a) In General.--The Secretary'';
       (2) by striking ``this subtitle (1) that would cause'' and 
     inserting ``this subtitle--
       ``(1) that would cause'';
       (3) by striking ``$400,000; or (2) for the purchasing'' and 
     inserting ``$700,000 (increased, beginning with fiscal year 
     2000, by the inflation percentage applicable to the fiscal 
     year in which the loan is guaranteed and reduced by the 
     unpaid indebtedness of the borrower on loans under the 
     sections specified in section 305 that are guaranteed by the 
     Secretary); or
       ``(2) for the purchasing''; and
       (4) by adding at the end the following:
       ``(b) Inflation Percentage.--For purposes of this section, 
     the inflation percentage applicable to a fiscal year is the 
     percentage (if any) by which--
       ``(1) the average of the Prices Paid By Farmers Index (as 
     compiled by the National Agricultural Statistics Service of 
     the Department of Agriculture) for the 12-month period ending 
     on August 31 of the immediately preceding fiscal year; 
     exceeds
       ``(2) the average of such index (as so defined) for the 12-
     month period ending on August 31, 1996.''.
       Sec. 807. Section 353(e) of the Consolidated Farm and Rural 
     Development Act (7 U.S.C. 2001(e)) is amended by adding at 
     the end the following:
       ``(6) Notice of recapture.--Beginning with fiscal year 2000 
     not later than 12 months before the end of the term of a 
     shared appreciation arrangement, the Secretary shall notify 
     the borrower involved of the provisions of the 
     arrangement.''.
       Sec. 808. Section 353(c)(3)(C) of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 2001(c)(3)(C)) is amended by 
     striking ``110 percent'' and inserting ``100 percent''.

                  TITLE IX--INDIA-PAKISTAN RELIEF ACT

       Sec. 901. Short Title. This title may be cited as the 
     ``India-Pakistan Relief Act of 1998''.
       Sec. 902. Waiver Authority. (a) Authority.--The President 
     may waive for a period not

[[Page H11055]]

     to exceed one year upon enactment of this Act with respect to 
     India or Pakistan the application of any sanction or 
     prohibition (or portion thereof) contained in section 101 or 
     102 of the Arms Export Control Act, section 620E(e) of the 
     Foreign Assistance Act of 1961, or section 2(b)(4) of the 
     Export Import Bank Act of 1945.
       (b) Exception.--The authority provided in subsection (a) 
     shall not apply to any restriction in section 102(b)(2) (B), 
     (C), or (G) of the Arms Export Control Act.
       (c) Availability of Amounts.--Amounts made available by 
     this section are designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided, That such amounts shall be available only to the 
     extent that an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.
       Sec. 903. Consultation. Prior to each exercise of the 
     authority provided in section 902, the President shall 
     consult with the appropriate congressional committees.
       Sec. 904. Reporting Requirement. Not later than 30 days 
     prior to the expiration of a one-year period described in 
     section 902, the Secretary of State shall submit a report to 
     the appropriate congressional committees on economic and 
     national security developments in India and Pakistan.
       Sec. 905. Appropriate Congressional Committees Defined. In 
     this title, the term ``appropriate congressional committees'' 
     means the Committee on Foreign Relations of the Senate and 
     the Committee on International Relations of the House of 
     Representatives and the Committees on Appropriations of the 
     House of Representatives and the Senate.

 TITLE X--UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND REGULATORY 
                                PROGRAMS

     SEC. 1001. GENERAL.

       Title II of the Federal Crop Insurance Reform and 
     Department of Agriculture Reorganization Act of 1994 (7 
     U.S.C. 6901 et seq.) is amended--
       (1) in section 218(a)--
       (A) in paragraph (1) by adding ``and'' at the end;
       (B) in paragraph (2) by striking ``; and'' and inserting a 
     period; and
       (C) by striking paragraph (3);
       (2) by redesignating subtitle I as subtitle J;
       (3) by inserting after subtitle H the following:

            ``Subtitle I--Marketing and Regulatory Programs

     ``SEC. 285. UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND 
                   REGULATORY PROGRAMS.

       ``(a) Authorization.--The Secretary is authorized to 
     establish in the Department the position of Under Secretary 
     of Agriculture for Marketing and Regulatory Programs.
       ``(b) Confirmation Required.--If the Secretary establishes 
     the position of Under Secretary of Agriculture for Marketing 
     and Regulatory Programs authorized under subsection (a), the 
     Under Secretary shall be appointed by the President, by and 
     with the advice and consent of the Senate.
       ``(c) Functions of Under Secretary.--
       ``(1) Principal functions.--Upon establishment, the 
     Secretary shall delegate to the Under Secretary of 
     Agriculture for Marketing and Regulatory Programs those 
     functions and duties under the jurisdiction of the Department 
     that are related to agricultural marketing, animal and plant 
     health inspection, grain inspection, and packers and 
     stockyards.
       ``(2) Additional functions.--The Under Secretary of 
     Agriculture for Marketing and Regulatory Programs shall 
     perform such other functions and duties as may be required by 
     law or prescribed by the Secretary.
       ``(d) Succession.--Any official who is serving as Assistant 
     Secretary of Agriculture for Marketing and Regulatory 
     Programs on the date of the enactment of this section and who 
     was appointed by the President, by and with the advice and 
     consent of the Senate, shall not be required to be 
     reappointed under subsection (b) to the successor position 
     authorized under subsection (a) if the Secretary establishes 
     the position, and the official occupies the new position, 
     within 180 days after the date of enactment of this section 
     (or such later date set by the Secretary if litigation delays 
     rapid succession).
       ``(e) Executive Schedule.--Section 5314 of title 5, United 
     States Code, is amended by inserting after the item relating 
     to the Under Secretary of Agriculture for Food Safety (as 
     added by section 261(c)) the following:
       `Under Secretary of Agriculture for Marketing and 
     Regulatory Programs.'.''; and
       (4) in section 296(b)--
       (A) in paragraph (2), by striking ``or'';
       (B) in paragraph (3), by striking the period and inserting 
     ``; or''; and
       (C) by adding at the end the following:
       ``(4) the authority of the Secretary to establish in the 
     Department the position of Under Secretary of Agriculture for 
     Marketing and Regulatory Programs under section 285.''.

     SEC. 1002. PAY INCREASE PROHIBITED.

       The compensation of any officer or employee of the 
     Department of Agriculture on the date of enactment of this 
     Act shall not be increased as a result of the enactment of 
     this Act.

     SEC. 1003. CONFORMING AMENDMENT.

       Section 5315 of title 5, United States Code, is amended by 
     striking ``Assistant Secretaries of Agriculture (3).'' and 
     inserting ``Assistant Secretaries of Agriculture (2).''.

             TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE

Subtitle A--Emergency Assistance for Crop and Livestock Feed Losses Due 
                              to Disasters

     SEC. 1101. GENERAL PROVISIONS.

       (a) Fair and Equitable Distribution.--Assistance made 
     available under this subtitle shall be distributed in a fair 
     and equitable manner to producers who have incurred crop and 
     livestock feed losses in all affected geographic regions of 
     the United States.
       (b) Program Administration.--In carrying out this subtitle, 
     the Secretary of Agriculture (referred to in this title as 
     the ``Secretary'') may determine--
       (1) 1 or more loss thresholds producers on a farm must 
     incur with respect to a crop to be eligible for assistance;
       (2) the payment rate for crop and livestock feed losses 
     incurred; and
       (3) eligibility and payment limitation criteria (as defined 
     by the Secretary) for persons to receive assistance under 
     this subtitle, which, in the case of assistance received 
     under any section of this subtitle, shall be in addition to--
       (A) assistance made available under any other section of 
     this subtitle and subtitle B;
       (B) payments or loans received by a person under the 
     Agricultural Market Transition Act (7 U.S.C. 7201 et seq.);
       (C) payments received by a person for the 1998 crop under 
     the noninsured crop assistance program established under 
     section 196 of that Act (7 U.S.C. 7333);
       (D) crop insurance indemnities provided for the 1998 crop 
     under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.); 
     and
       (E) emergency loans made available for the 1998 crop under 
     subtitle C of the Consolidated Farm and Rural Development Act 
     (7 U.S.C. 1961 et seq.).

     SEC. 1102. CROP LOSS ASSISTANCE.

       (a) In General.--The Secretary shall administer a program 
     under which emergency financial assistance is made available 
     to producers on a farm who have incurred losses associated 
     with crops due to disasters (as determined by the Secretary).
       (b) Losses Incurred for 1998 Crop.--Subject to section 
     1132, the Secretary shall use not more than $1,500,000,000 to 
     make available assistance to producers on a farm who have 
     incurred losses in the 1998 crop due to disasters.
       (c) Multiyear Losses.--Subject to section 1132, the 
     Secretary shall use not more than $875,000,000 to make 
     available assistance to producers on a farm who have incurred 
     multiyear losses (as defined by the Secretary) in the 1998 
     and preceding crops of a commodity due to disasters 
     (including, but not limited to, diseases such as scab).
       (d) Relationship Between Assistance.--The Secretary shall 
     make assistance available to producers on a farm under either 
     subsection (b) or (c).
       (e) Qualifying Losses.--Assistance under this section may 
     be made for losses associated with crops that are due to, as 
     determined by the Secretary--
       (1) quantity losses;
       (2) quality (including, but not limited to, aflatoxin) 
     losses; or
       (3) severe economic losses due to damaging weather or 
     related condition.
       (f) Crops Covered.--Assistance under this section shall be 
     applicable to losses for all crops (including losses of trees 
     from which a crop is harvested), as determined by the 
     Secretary, due to disasters.
       (g) Crop Insurance.--
       (1) Administration.--In carrying out this section, the 
     Secretary shall not discriminate against or penalize 
     producers on a farm who have purchased crop insurance under 
     the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.).
       (2) Encouraging future crop insurance participation.--
     Subject to section 1132, the Secretary, acting through the 
     Federal Crop Insurance Corporation, may use the funds made 
     available under subsections (b) and (c), and only those 
     funds, to provide premium refunds or other assistance to 
     purchasers of crop insurance for their 1998 insured crops, or 
     their preceding (including 1998) insured crops.
       (3) Producers who have not purchased crop insurance for 
     1998 crop.--As a condition of receiving assistance under this 
     section, producers on a farm who have not purchased crop 
     insurance for the 1998 crop under that Act shall agree by 
     contract to purchase crop insurance for the 1999 and 2000 
     crops produced by the producers.
       (4) Liquidated damages.--
       (A) In general.--The contract under paragraph (3) shall 
     provide for liquidated damages to be paid by the producers 
     due to the failure of the producers to purchase crop 
     insurance as provided in paragraph (3).
       (B) Notice of damages.--The amount of the liquidated 
     damages shall be established by the Secretary and specified 
     in the contract agreed to by the producers.
       (5) Funding for crop insurance purchase requirement.--
     Subject to section 1132, such sums as may be necessary, to 
     remain available until expended, shall be available to the 
     Federal Crop Insurance Corporation to cover costs incurred by 
     the Corporation as a result of the crop insurance purchase 
     requirement of paragraph (3). Funds made available under 
     subsections (b) and (c) may not be used to cover such costs.

     SEC. 1103. EMERGENCY LIVESTOCK FEED ASSISTANCE.

       Subject to section 1132, the Secretary shall use not more 
     than $200,000,000 to make available livestock feed assistance 
     to livestock producers affected by disasters during calendar 
     year 1998.

                   Subtitle B--Market Loss Assistance

     SEC. 1111. MARKET LOSS ASSISTANCE.

       (a) In General.--Subject to section 1132 and except as 
     provided in subsection (d), the Secretary shall use not more 
     than $3,057,000,000 for assistance to owners and producers on 
     a farm who are eligible for final payments for fiscal year 
     1998 under a production flexibility contract

[[Page H11056]]

     for the farm under the Agricultural Market Transition Act 
     (7 U.S.C. 7201 et seq.) to partially compensate the owners 
     and producers for the loss of markets for the 1998 crop of 
     a commodity.
       (b) Amount.--Except as provided in subsection (d), the 
     amount of assistance made available to owners and producers 
     on a farm under this section shall be proportional to the 
     amount of the contract payment received by the owners and 
     producers for fiscal year 1998 under a production flexibility 
     contract for the farm under the Agricultural Market 
     Transition Act.
       (c) Time for Payment.--The assistance made available under 
     this section for an eligible owner or producer shall be made 
     as soon as practicable after the date of enactment of this 
     Act.
       (d) Of the total amount provided under subsection (a), 
     $200,000,000 shall be available to provide assistance to 
     dairy farmers in a manner determined by the Secretary: 
     Provided, That no payments made under this section shall 
     affect any decision with respect to rulemaking activities 
     described under section 143 of Public Law 104-127.

                      Subtitle C--Other Assistance

     SEC. 1121. INDEMNITY PAYMENTS FOR COTTON PRODUCERS.

       (a) Federal Contribution.--Subject to subsection (b), the 
     Secretary of Agriculture shall pay $5,000,000 to the State of 
     Georgia to help fund an indemnity fund, to be established and 
     managed by that State, to compensate cotton producers in that 
     State for losses incurred in 1998 or 1999 from the loss of 
     properly stored, harvested cotton as the result of the 
     bankruptcy of a warehouseman or other party in possession of 
     warehouse receipts evidencing title to the commodity, an 
     improper conversion or transfer of the cotton, or such other 
     potential hazards as determined appropriate by the State.
       (b) Conditions on Payment to State.--The Secretary of 
     Agriculture shall make the payment to the State of Georgia 
     under subsection (a) only if the State also contributes 
     $5,000,000 to the indemnity fund and agrees to expend all 
     amounts in the indemnity fund by not later than January 1, 
     2000, to provide compensation to cotton producers as provided 
     in such subsection. If the State of Georgia fails to make its 
     contribution of $5,000,000 to the indemnity fund by July 1, 
     1999, the funds that would otherwise be paid to the State 
     shall be available to the Secretary for the purpose of 
     providing partial compensation to cotton producers as 
     provided in such subsection.
       (c) Reporting Requirements.--Upon the establishment of the 
     indemnity fund, and not later than October 1, 1999, the State 
     of Georgia shall submit a report to the Secretary of 
     Agriculture and the Congress describing the State's efforts 
     to use the indemnity fund to provide compensation to injured 
     cotton producers.

     SEC. 1122. HONEY RECOURSE LOANS.

       (a) In General.--Notwithstanding any other provision of 
     law, in order to assist producers of honey to market their 
     honey in an orderly manner during a period of disastrously 
     low prices, the Secretary shall make available recourse loans 
     to producers of the 1998 crop of honey on fair and reasonable 
     terms and conditions, as determined by the Secretary.
       (b) Loan Rate.--The loan rate of the loans shall be 85 
     percent of the average price of honey during the 5-crop year 
     period preceding the 1998 crop year, excluding the crop year 
     in which the average price of honey was the highest and the 
     crop year in which the average price of honey was the lowest 
     in the period.
       (c) No Net Cost Basis.--Repayment of a loan under this 
     section shall include repayment for interest and 
     administrative costs as necessary to operate the program 
     established under this section on a no net cost basis.

     SEC. 1123. NONINSURED CROP ASSISTANCE TO RAISIN PRODUCERS.

       Notwithstanding any of the provisions of section 196 of the 
     Federal Agriculture Improvement and Reform Act of 1996 (7 
     U.S.C. 7333) that would exclude the following producers from 
     benefits thereunder, the Secretary shall make Noninsured Crop 
     Assistance Program payments in fiscal year 1999 to raisin 
     producers who obtained catastrophic risk protection but 
     because of adverse weather conditions were not able to comply 
     with the policy deadlines for laying the raisins in trays.

     SEC. 1124. EMERGENCY ASSISTANCE.

       In addition to amounts appropriated or otherwise made 
     available by this Act, $50,000,000 is appropriated to the 
     Department of Agriculture, to remain available until 
     expended, to provide emergency disaster assistance to persons 
     or entities who have incurred losses from a failure under 
     section 312(a) of Public Law 94-265.

     SEC. 1125. FOOD FOR PROGRESS.

       The Food for Progress Act of 1985 (7 U.S.C. 1736o) is 
     amended--
       (1) in subsection (f)(3), by inserting after 
     ``$30,000,000'' the following: ``(or, in the case of fiscal 
     year 1999, $35,000,000)'';
       (2) in subsection (l)(1), by inserting after 
     ``$10,000,000'' the following: ``(or, in the case of fiscal 
     year 1999, $12,000,000)'';
       (3) by redesignating subsection (n) as subsection (o); and
       (4) by inserting after subsection (m) the following:
       ``(n) During fiscal year 1999, to the maximum extent 
     practicable, the Secretary shall utilize Private Voluntary 
     Organizations to carry out this section.''.

     SEC. 1126. TEMPORARY EXPANSION OF RECOURSE LOAN AUTHORITY.

       Section 137 of the Agricultural Market Transition Act (7 
     U.S.C. 7237) is amended--
       (1) in the section heading, by inserting ``AND OTHER 
     FIBERS'' before the period at the end;
       (2) by redesignating subsection (c) as subsection (d); and
       (3) by inserting after subsection (b) the following:
       ``(c) Recourse Loans Available for Mohair.--
       ``(1) Recourse loans available.--Notwithstanding any other 
     provision of law, during fiscal year 1999, the Secretary 
     shall make available recourse loans, as determined by the 
     Secretary, to producers of mohair produced during or before 
     that fiscal year.
       ``(2) Loan rate.--The loan rate for a loan under paragraph 
     (1) shall be equal to $2.00 per pound.
       ``(3) Term of loan.--A loan under paragraph (1) shall have 
     a term of 1 year beginning on the first day of the first 
     month after the month in which the loan is made.
       ``(4) Waiver of interest.--Notwithstanding subsection (d), 
     the Secretary shall not charge interest on a loan made under 
     paragraph (1).''.

     SEC. 1127. PILOT PROGRAMS.

       (a) Domestic Market Reporting Pilot Program.--Title IV of 
     the Packers and Stockyards Act is amended to include the 
     following new section:

     ``SEC. 416. MANDATORY DOMESTIC REPORTING PILOT INVESTIGATION.

       ``(1) In General.--The Secretary of Agriculture shall 
     conduct a twelve month pilot investigation, beginning upon 
     the date of implementation of such pilot, under which the 
     Secretary shall require any person or class of persons 
     engaged in the business of buying, selling, or marketing 
     domestic or imported cattle for immediate slaughter and fresh 
     muscle cuts of beef, or domestic or imported sheep and fresh 
     or frozen muscle cuts of lamb, to report to the Secretary, in 
     the least intrusive manner possible, information relating to 
     prices for the procurement of these items.
       ``(2) Application.--This section shall only apply to a 
     person that is engaged in the business of buying, selling, or 
     marketing a significant share of the national market, as 
     determined by the Secretary, of the total volume of domestic 
     or imported cattle for immediate slaughter and fresh muscle 
     cuts of beef, or domestic or imported sheep and fresh or 
     frozen muscle cuts of lamb, bought, sold, or marketed in the 
     United States.
       ``(3) Report.--Not later than six months after the 
     conclusion of the mandatory domestic reporting pilot 
     investigation, the Secretary of Agriculture shall submit a 
     report to the Committee on Agriculture of the House of 
     Representatives and the Committee on Agriculture, Nutrition, 
     and Forestry of the Senate on the effectiveness of the pilot 
     investigation. No information collected under the pilot 
     investigation may be disclosed until the report is 
     submitted.''.
       (b) Export Market Reporting Pilot Investigation.--
       (1) In general.--The Secretary shall implement a twelve 
     month pilot investigation, beginning on the date of 
     implementation, of a streamlined electronic system for 
     collecting export data, in the least intrusive manner 
     possible, for fresh or frozen muscle cuts of meat food 
     products, and develop a data-reporting program to disseminate 
     summary information in a timely manner, not to exceed two 
     weeks after issuance.
       (2) Report.--Not later than six months after the conclusion 
     of the mandatory export reporting pilot investigation, the 
     Secretary of Agriculture shall submit a report to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate on the effectiveness of the pilot investigation.
       (c) Funding.--An amount of $250,000 is hereby appropriated 
     to carry out this section of the Act.

                       Subtitle D--Administration

     SEC. 1131. COMMODITY CREDIT CORPORATION.

       Subject to section 1132, the Secretary shall use the funds, 
     facilities, and authorities of the Commodity Credit 
     Corporation to carry out subtitles A, B, and C of this title.

     SEC. 1132. EMERGENCY REQUIREMENT.

       Notwithstanding the last sentence of section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended, amounts made available by subtitles A, B, 
     and C of this title are designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided, That such amounts shall be available only 
     to the extent that an official budget request that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to Congress.

     SEC. 1133. REGULATIONS.

       (a) Issuance of Regulations.--As soon as practicable after 
     the date of enactment of this Act, the Secretary and the 
     Commodity Credit Corporation, as appropriate, shall issue 
     such regulations as are necessary to implement subtitles A, 
     B, and C of this title. The issuance of the regulations shall 
     be made without regard to--
       (1) the notice and comment provisions of section 553 of 
     title 5, United States Code;
       (2) the Statement of Policy of the Secretary of Agriculture 
     effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
     notices of proposed rulemaking and public participation in 
     rulemaking; and
       (3) chapter 35 of title 44, United States Code (commonly 
     known as the ``Paperwork Reduction Act'').
       (b) Congressional Review of Agency Rulemaking.--In carrying 
     out this section, the Secretary shall use the authority 
     provided under section 808 of title 5, United States Code.

                          TITLE XII--BIODIESEL

     SEC. 1201. BIODIESEL FUEL USE CREDITS.

       (a) Amendment.--Title III of the Energy Policy Act of 1992 
     (42 U.S.C. 13211-13219) is amended by adding at the end the 
     following new section:

[[Page H11057]]

     ``SEC. 312. BIODIESEL FUEL USE CREDITS.

       ``(a) Allocation of Credits.--
       ``(1) In general.--The Secretary shall allocate one credit 
     under this section to a fleet or covered person for each 
     qualifying volume of the biodiesel component of fuel 
     containing at least 20 percent biodiesel by volume purchased 
     after the date of the enactment of this section for use by 
     the fleet or covered person in vehicles owned or operated by 
     the fleet or covered person that weigh more than 8,500 pounds 
     gross vehicle weight rating.
       ``(2) Exceptions.--No credits shall be allocated under 
     paragraph (1) for a purchase of biodiesel--
       ``(A) for use in alternative fueled vehicles; or
       ``(B) that is required by Federal or State law.
       ``(3) Authority to modify percentage.--The Secretary may, 
     by rule, lower the 20 percent biodiesel volume requirement in 
     paragraph (1) for reasons related to cold start, safety, or 
     vehicle function considerations.
       ``(4) Documentation.--A fleet or covered person seeking a 
     credit under this section shall provide written documentation 
     to the Secretary supporting the allocation of a credit to 
     such fleet or covered person under paragraph (1).
       ``(b) Use of Credits.--
       ``(1) In general.--At the request of a fleet or covered 
     person allocated a credit under subsection (a), the Secretary 
     shall, for the year in which the purchase of a qualifying 
     volume is made, treat that purchase as the acquisition of one 
     alternative fueled vehicle the fleet or covered person is 
     required to acquire under this title, title IV, or title V.
       ``(2) Limitation.--Credits allocated under subsection (a) 
     may not be used to satisfy more than 50 percent of the 
     alternative fueled vehicle requirements of a fleet or covered 
     person under this title, title IV, and title V. This 
     paragraph shall not apply to a fleet or covered person that 
     is a biodiesel alternative fuel provider described in section 
     501(a)(2)(A).
       ``(c) Credit Not a Section 508 Credit.--A credit under this 
     section shall not be considered a credit under section 508.
       ``(d) Issuance of Rule.--The Secretary shall, before 
     January 1, 1999, issue a rule establishing procedures for the 
     implementation of this section.
       ``(e) Collection of Data.--The Secretary shall collect such 
     data as are required to make a determination described in 
     subsection (f)(2)(B).
       ``(f) Definitions.--For purposes of this section--
       ``(1) the term `biodiesel' means a diesel fuel substitute 
     produced from nonpetroleum renewable resources that meets the 
     registration requirements for fuels and fuel additives 
     established by the Environmental Protection Agency under 
     section 211 of the Clean Air Act; and
       ``(2) the term `qualifying volume' means--
       ``(A) 450 gallons; or
       ``(B) if the Secretary determines by rule that the average 
     annual alternative fuel use in light duty vehicles by fleets 
     and covered persons exceeds 450 gallons or gallon 
     equivalents, the amount of such average annual alternative 
     fuel use.''.
       (b) Table of Contents Amendment.--The table of contents of 
     the Energy Policy Act of 1992 is amended by adding at the end 
     of the items relating to title III the following new item:

``Sec. 312. Biodiesel fuel use credits.''.

                  TITLE XIII--EMERGENCY APPROPRIATIONS

                       DEPARTMENT OF AGRICULTURE

                          Farm Service Agency


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $40,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


           AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

       For an additional gross obligation for the principal amount 
     of direct and guaranteed farm operating loans as authorized 
     by 7 U.S.C. 1928-1929, to be available from funds in the 
     Agricultural Credit Insurance Fund, $540,510,000, of which 
     $150,000,000 shall be for unsubsidized guaranteed loans and 
     $156,704,000 shall be for subsidized guaranteed loans.
       For the additional cost of direct and guaranteed farm 
     operating loans, including the cost of modifying such loans 
     as defined in section 502 of the Congressional Budget Act of 
     1974, farm operating loans, $31,405,000, of which $15,969,000 
     shall be for direct loans, $13,696,000 for guaranteed 
     subsidized loans, and $1,740,000 for unsubsidized guaranteed 
     loans: Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                   Commodity Credit Corporation Fund


              dairy production disaster assistance program

       An additional $3,000,000 is provided for the dairy 
     production indemnity program as established by Public Law 
     105-174: Provided, That the entire amount shall be available 
     only to the extent that an official budget request for 
     $3,000,000, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of such Act.

                 Natural Resources Conservation Service


                      FORESTRY INCENTIVES PROGRAM

       For an additional amount to carry out the program of 
     forestry incentives, as authorized by the Cooperative 
     Forestry Assistance Act of 1978 (16 U.S.C. 2101), including 
     technical assistance and related expenses, $10,000,000, to 
     remain available until expended, as authorized by that Act: 
     Provided, That the entire amount shall be available only to 
     the extent that an official budget request for $10,000,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of such Act.
        This Act may be cited as the ``Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 1999''.
       (b) For programs, projects or activities in the Departments 
     of Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1999, provided as follows, to be 
     effective as if it had been enacted into law as the regular 
     appropriations Act:
     AN ACT Making appropriations for the Departments of Commerce, 
     Justice, and State, the Judiciary, and related agencies for 
     the fiscal year ending September 30, 1999, and for other 
     purposes.

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration

                         salaries and expenses

       For expenses necessary for the administration of the 
     Department of Justice, $79,448,000, of which not to exceed 
     $3,317,000 is for the Facilities Program 2000, to remain 
     available until expended: Provided, That not to exceed 43 
     permanent positions and 44 full-time equivalent workyears and 
     $8,136,000 shall be expended for the Department Leadership 
     Program exclusive of augmentation that occurred in these 
     offices in fiscal year 1998: Provided further, That not to 
     exceed 41 permanent positions and 48 full-time equivalent 
     workyears and $4,811,000 shall be expended for the Offices of 
     Legislative Affairs and Public Affairs: Provided further, 
     That the latter two aforementioned offices shall not be 
     augmented by personnel details, temporary transfers of 
     personnel on either a reimbursable or non-reimbursable basis 
     or any other type of formal or informal transfer or 
     reimbursement of personnel or funds on either a temporary or 
     long-term basis: Provided further, That the Attorney General 
     is authorized to transfer, under such terms and conditions as 
     the Attorney General shall specify, forfeited real or 
     personal property of limited or marginal value, as such value 
     is determined by guidelines established by the Attorney 
     General, to a State or local government agency, or its 
     designated contractor or transferee, for use to support drug 
     abuse treatment, drug and crime prevention and education, 
     housing, job skills, and other community-based public health 
     and safety programs: Provided further, That any transfer 
     under the preceding proviso shall not create or confer any 
     private right of action in any person against the United 
     States, and shall be treated as a reprogramming under section 
     605 of this Act.


                         counterterrorism fund

       For necessary expenses, as determined by the Attorney 
     General, $10,000,000, to remain available until expended, to 
     reimburse any Department of Justice organization for (1) the 
     costs incurred in reestablishing the operational capability 
     of an office or facility which has been damaged or destroyed 
     as a result of any domestic or international terrorist 
     incident; (2) the costs of providing support to counter, 
     investigate or prosecute domestic or international terrorism, 
     including payment of rewards in connection with these 
     activities; (3) the costs of conducting a terrorism threat 
     assessment of Federal agencies and their facilities; (4) the 
     costs associated with ensuring the continuance of essential 
     Government functions during a time of emergency; and (5) the 
     costs of activities related to the protection of the Nation's 
     critical infrastructure: Provided, That any Federal agency 
     may be reimbursed for the costs of detaining in foreign 
     countries individuals accused of acts of terrorism that 
     violate the laws of the United States: Provided further, That 
     funds provided under this paragraph shall be available only 
     after the Attorney General notifies the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in accordance with section 605 of this Act.
       In addition, for necessary expenses, as determined by the 
     Attorney General, $135,000,000, to remain available until 
     expended, to reimburse or transfer to agencies of the 
     Department of Justice for any costs incurred in connection 
     with: (1) providing bomb training and response capabilities 
     to State and local law enforcement agencies; (2) providing 
     training and related equipment for chemical, biological, 
     nuclear, and cyber attack prevention and response 
     capabilities for States, cities, territories, and local 
     jurisdictions; and (3) providing grants, contracts, 
     cooperative agreements, and other assistance authorized by 
     sections 819, 821, and 822 of the Antiterrorism and Effective 
     Death Penalty Act of 1996: Provided, That such funds 
     transferred to the Office of Justice Programs may include 
     amounts for management and administration, which shall be 
     transferred to and merged with the ``Justice Assistance'' 
     account.

                   administrative review and appeals

       For expenses necessary for the administration of pardon and 
     clemency petitions and immigration related activities, 
     $75,312,000.
       In addition, $59,251,000, for such purposes, to remain 
     available until expended, to be derived from the Violent 
     Crime Reduction Trust Fund.

[[Page H11058]]

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $35,610,000; including not to exceed 
     $10,000 to meet unforeseen emergencies of a confidential 
     character, to be expended under the direction of, and to be 
     accounted for solely under the certificate of, the Attorney 
     General; and for the acquisition, lease, maintenance, and 
     operation of motor vehicles, without regard to the general 
     purchase price limitation for the current fiscal year: 
     Provided, That up to one-tenth of one percent of the 
     Department of Justice's allocation from the Violent Crime 
     Reduction Trust Fund grant programs may be transferred at the 
     discretion of the Attorney General to this account for the 
     audit or other review of such grant programs, as authorized 
     by section 130005 of the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322).

                    United States Parole Commission

                         salaries and expenses

       For necessary expenses of the United States Parole 
     Commission as authorized by law, $7,400,000.

                            Legal Activities

            salaries and expenses, general legal activities

       For expenses necessary for the legal activities of the 
     Department of Justice, not otherwise provided for, including 
     not to exceed $20,000 for expenses of collecting evidence, to 
     be expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; and 
     rent of private or Government-owned space in the District of 
     Columbia, $466,840,000; of which not to exceed $10,000,000 
     for litigation support contracts shall remain available until 
     expended: Provided, That of the funds available in this 
     appropriation, not to exceed $17,834,000 shall remain 
     available until expended for office automation systems for 
     the legal divisions covered by this appropriation, and for 
     the United States Attorneys, the Antitrust Division, and 
     offices funded through ``Salaries and Expenses'', General 
     Administration: Provided further, That of the total amount 
     appropriated, not to exceed $1,000 shall be available to the 
     United States National Central Bureau, INTERPOL, for official 
     reception and representation expenses: Provided further, That 
     $813,333 of funds made available to the Department of Justice 
     in this Act shall be transferred by the Attorney General to 
     the Presidential Advisory Commission on Holocaust Assets in 
     the United States: Provided further, That any transfer 
     pursuant to the previous proviso shall be treated as a 
     reprogramming under section 605 of this Act and shall not be 
     available for obligation or expenditure except in compliance 
     with the procedures set forth in that section.
       In addition, $8,160,000, to be derived from the Violent 
     Crime Reduction Trust Fund, to remain available until 
     expended for such purposes.
        In addition, for reimbursement of expenses of the 
     Department of Justice associated with processing cases under 
     the National Childhood Vaccine Injury Act of 1986, as 
     amended, not to exceed $4,028,000, to be appropriated from 
     the Vaccine Injury Compensation Trust Fund.

               salaries and expenses, antitrust division

       For expenses necessary for the enforcement of antitrust and 
     kindred laws, $68,275,000: Provided, That, notwithstanding 
     any other provision of law, not to exceed $68,275,000 of 
     offsetting collections derived from fees collected in fiscal 
     year 1999 for premerger notification filings under the Hart-
     Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 
     18(a)) shall be retained and used for necessary expenses in 
     this appropriation, and shall remain available until 
     expended: Provided further, That the sum herein 
     appropriated from the General Fund shall be reduced as 
     such offsetting collections are received during fiscal 
     year 1999, so as to result in a final fiscal year 1999 
     appropriation from the General Fund estimated at not more 
     than $0.


             salaries and expenses, united states attorneys

       For necessary expenses of the Offices of the United States 
     Attorneys, including intergovernmental and cooperative 
     agreements, $1,009,680,000; of which not to exceed $2,500,000 
     shall be available until September 30, 2000, for (1) training 
     personnel in debt collection, (2) locating debtors and their 
     property, (3) paying the net costs of selling property, and 
     (4) tracking debts owed to the United States Government: 
     Provided, That of the total amount appropriated, not to 
     exceed $8,000 shall be available for official reception and 
     representation expenses: Provided further, That not to exceed 
     $10,000,000 of those funds available for automated litigation 
     support contracts shall remain available until expended: 
     Provided further, That not to exceed $2,500,000 for the 
     operation of the National Advocacy Center shall remain 
     available until expended: Provided further, That not to 
     exceed $1,000,000 shall remain available until expended for 
     the expansion of existing Violent Crime Task Forces in United 
     States Attorneys Offices into demonstration projects, 
     including inter-governmental, inter-local, cooperative, and 
     task-force agreements, however denominated, and contracts 
     with State and local prosecutorial and law enforcement 
     agencies engaged in the investigation and prosecution of 
     violent crimes: Provided further, That, in addition to 
     reimbursable full-time equivalent workyears available to the 
     Offices of the United States Attorneys, not to exceed 9,044 
     positions and 9,312 full-time equivalent workyears shall be 
     supported from the funds appropriated in this Act for the 
     United States Attorneys: Provided further, That $2,300,000 
     shall be used to provide for additional assistant United 
     States attorneys and investigators to serve in Philadelphia, 
     Pennsylvania, and Camden County, New Jersey, to enforce 
     Federal laws designed to prevent the possession by criminals 
     of firearms (as that term is defined in section 921(a) of 
     title 18, United States Code), of which $1,500,000 shall be 
     used to provide for those attorneys and investigators in 
     Philadelphia, Pennsylvania, and $800,000 shall be used to 
     provide for those attorneys and investigators in Camden 
     County, New Jersey.
       In addition, $80,698,000, to be derived from the Violent 
     Crime Reduction Trust Fund, to remain available until 
     expended for such purposes.

                   united states trustee system fund

       For necessary expenses of the United States Trustee 
     Program, as authorized by 28 U.S.C. 589a(a), $114,248,000, to 
     remain available until expended and to be derived from the 
     United States Trustee System Fund: Provided, That, 
     notwithstanding any other provision of law, deposits to the 
     Fund shall be available in such amounts as may be necessary 
     to pay refunds due depositors: Provided further, That, 
     notwithstanding any other provision of law, $114,248,000 of 
     offsetting collections derived from fees collected pursuant 
     to 28 U.S.C. 589a(b) shall be retained and used for necessary 
     expenses in this appropriation and remain available until 
     expended: Provided further, That the sum herein appropriated 
     from the Fund shall be reduced as such offsetting collections 
     are received during fiscal year 1999, so as to result in a 
     final fiscal year 1999 appropriation from the Fund estimated 
     at $0: Provided further, That any funds collected in fiscal 
     year 1998 in excess of $114,248,000 are not available for 
     obligation.


      Salaries and Expenses, Foreign Claims Settlement Commission

       For expenses necessary to carry out the activities of the 
     Foreign Claims Settlement Commission, including services as 
     authorized by 5 U.S.C. 3109, $1,227,000.

         salaries and expenses, united states marshals service

       For necessary expenses of the United States Marshals 
     Service; including the acquisition, lease, maintenance, and 
     operation of vehicles, and the purchase of passenger motor 
     vehicles for police-type use, without regard to the general 
     purchase price limitation for the current fiscal year, 
     $477,056,000, as authorized by 28 U.S.C. 561(i); of which not 
     to exceed $6,000 shall be available for official reception 
     and representation expenses; and of which not to exceed 
     $4,000,000 for development, implementation, maintenance and 
     support, and training for an automated prisoner information 
     system shall remain available until expended.
       In addition, $25,553,000, for such purposes, to remain 
     available until expended, to be derived from the Violent 
     Crime Reduction Trust Fund.


                              construction

       For planning, constructing, renovating, equipping, and 
     maintaining United States Marshals Service prisoner-holding 
     space in United States courthouses and federal buildings, 
     including the renovation and expansion of prisoner movement 
     areas, elevators, and sallyports, $4,600,000, to remain 
     available until expended.


 justice prisoner and alien transportation system fund, united states 
                            marshals service

       There is hereby established a Justice Prisoner and Alien 
     Transportation System Fund for the payment of necessary 
     expenses related to the scheduling and transportation of 
     United States prisoners and illegal and criminal aliens in 
     the custody of the United States Marshals Service, as 
     authorized in 18 U.S.C. 4013, including, without limitation, 
     salaries and expenses, operations, and the acquisition, 
     lease, and maintenance of aircraft and support facilities: 
     Provided, That the Fund shall be reimbursed or credited with 
     advance payments from amounts available to the Department of 
     Justice, other Federal agencies, and other sources at rates 
     that will recover the expenses of Fund operations, including, 
     without limitation, accrual of annual leave and depreciation 
     of plant and equipment of the Fund: Provided further, That 
     proceeds from the disposal of Fund aircraft shall be credited 
     to the Fund: Provided further, That amounts in the Fund shall 
     be available without fiscal year limitation, and may be used 
     for operating equipment lease agreements that do not exceed 5 
     years.

                       federal prisoner detention

       For expenses, related to United States prisoners in the 
     custody of the United States Marshals Service as authorized 
     in 18 U.S.C. 4013, but not including expenses otherwise 
     provided for in appropriations available to the Attorney 
     General, $425,000,000, as authorized by 28 U.S.C. 561(i), to 
     remain available until expended.

                     fees and expenses of witnesses

       For expenses, mileage, compensation, and per diems of 
     witnesses, for expenses of contracts for the procurement and 
     supervision of expert witnesses, for private counsel 
     expenses, and for per diems in lieu of subsistence, as 
     authorized by law, including advances, $95,000,000, to remain 
     available until expended; of which not to exceed $6,000,000 
     may be made available for planning, construction, 
     renovations, maintenance, remodeling, and repair of 
     buildings, and the purchase of equipment incident thereto, 
     for protected witness safesites; and of which not to exceed 
     $1,000,000 may be made available for the purchase and 
     maintenance of armored vehicles for transportation of 
     protected witnesses.

           salaries and expenses, community relations service

       For necessary expenses of the Community Relations Service, 
     established by title X of the Civil Rights Act of 1964, 
     $7,199,000 and, in addition, up to $500,000 of funds made 
     available to the Department of Justice in this Act may be 
     transferred by the Attorney General to this account:

[[Page H11059]]

     Provided, That notwithstanding any other provision of law, 
     upon a determination by the Attorney General that emergent 
     circumstances require additional funding for conflict 
     prevention and resolution activities of the Community 
     Relations Service, the Attorney General may transfer such 
     amounts to the Community Relations Service, from available 
     appropriations for the current fiscal year for the Department 
     of Justice, as may be necessary to respond to such 
     circumstances: Provided further, That any transfer pursuant 
     to the previous proviso shall be treated as a reprogramming 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.

                         assets forfeiture fund

       For expenses authorized by 28 U.S.C. 524(c)(1)(A)(ii), (B), 
     (F), and (G), as amended, $23,000,000, to be derived from the 
     Department of Justice Assets Forfeiture Fund.

                    Radiation Exposure Compensation

                        administrative expenses

       For necessary administrative expenses in accordance with 
     the Radiation Exposure Compensation Act, $2,000,000.

                      Interagency Law Enforcement

                 interagency crime and drug enforcement

       For necessary expenses for the detection, investigation, 
     and prosecution of individuals involved in organized crime 
     drug trafficking not otherwise provided for, to include 
     intergovernmental agreements with State and local law 
     enforcement agencies engaged in the investigation and 
     prosecution of individuals involved in organized crime drug 
     trafficking, $304,014,000, of which $50,000,000 shall remain 
     available until expended: Provided, That any amounts 
     obligated from appropriations under this heading may be used 
     under authorities available to the organizations reimbursed 
     from this appropriation: Provided further, That any 
     unobligated balances remaining available at the end of the 
     fiscal year shall revert to the Attorney General for 
     reallocation among participating organizations in succeeding 
     fiscal years, subject to the reprogramming procedures 
     described in section 605 of this Act.

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For necessary expenses of the Federal Bureau of 
     Investigation for detection, investigation, and prosecution 
     of crimes against the United States; including purchase for 
     police-type use of not to exceed 2,668 passenger motor 
     vehicles, of which 2,000 will be for replacement only, 
     without regard to the general purchase price limitation for 
     the current fiscal year, and hire of passenger motor 
     vehicles; acquisition, lease, maintenance, and operation of 
     aircraft; and not to exceed $70,000 to meet unforeseen 
     emergencies of a confidential character, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Attorney General, $2,746,805,000; of 
     which not to exceed $50,000,000 for automated data processing 
     and telecommunications and technical investigative equipment 
     and not to exceed $1,000,000 for undercover operations shall 
     remain available until September 30, 2000; of which not less 
     than $292,473,000 shall be for counterterrorism 
     investigations, foreign counterintelligence, and other 
     activities related to our national security; of which not to 
     exceed $61,800,000 shall remain available until expended; of 
     which not to exceed $10,000,000 is authorized to be made 
     available for making advances for expenses arising out of 
     contractual or reimbursable agreements with State and local 
     law enforcement agencies while engaged in cooperative 
     activities related to violent crime, terrorism, organized 
     crime, and drug investigations; and of which $1,500,000 shall 
     be available to maintain an independent program office 
     dedicated solely to the automation of fingerprint 
     identification services: Provided, That not to exceed $45,000 
     shall be available for official reception and representation 
     expenses: Provided further, That no funds in this Act may be 
     used to provide ballistics imaging equipment to any State or 
     local authority which has obtained similar equipment through 
     a Federal grant or subsidy unless the State or local 
     authority agrees to return that equipment or to repay that 
     grant or subsidy to the Federal Government.
       In addition, $223,356,000 for such purposes, to remain 
     available until expended, to be derived from the Violent 
     Crime Reduction Trust Fund, as authorized by the Violent 
     Crime Control and Law Enforcement Act of 1994, as amended, 
     and the Antiterrorism and Effective Death Penalty Act of 
     1996.


                              Construction

       For necessary expenses to construct or acquire buildings 
     and sites by purchase, or as otherwise authorized by law 
     (including equipment for such buildings); conversion and 
     extension of federally-owned buildings; and preliminary 
     planning and design of projects; $1,287,000, to remain 
     available until expended.

                    Drug Enforcement Administration


                         Salaries and Expenses

       For necessary expenses of the Drug Enforcement 
     Administration, including not to exceed $70,000 to meet 
     unforeseen emergencies of a confidential character, to be 
     expended under the direction of, and to be accounted for 
     solely under the certificate of, the Attorney General; 
     expenses for conducting drug education and training programs, 
     including travel and related expenses for participants in 
     such programs and the distribution of items of token value 
     that promote the goals of such programs; purchase of not to 
     exceed 1,428 passenger motor vehicles, of which 1,080 will be 
     for replacement only, for police-type use without regard to 
     the general purchase price limitation for the current fiscal 
     year; and acquisition, lease, maintenance, and operation of 
     aircraft; $800,780,000, of which not to exceed $1,800,000 for 
     research and $15,000,000 for transfer to the Drug Diversion 
     Control Fee Account for operating expenses shall remain 
     available until expended, and of which not to exceed 
     $4,000,000 for purchase of evidence and payments for 
     information, not to exceed $10,000,000 for contracting for 
     automated data processing and telecommunications equipment, 
     and not to exceed $2,000,000 for laboratory equipment, 
     $4,000,000 for technical equipment, and $2,000,000 for 
     aircraft replacement retrofit and parts, shall remain 
     available until September 30, 2000; and of which not to 
     exceed $50,000 shall be available for official reception and 
     representation expenses.
       In addition, $405,000,000, for such purposes, to remain 
     available until expended, to be derived from the Violent 
     Crime Reduction Trust Fund.


                              construction

       For necessary expenses to construct or acquire buildings 
     and sites by purchase, or as otherwise authorized by law 
     (including equipment for such buildings); conversion and 
     extension of federally-owned buildings; and preliminary 
     planning and design of projects; $8,000,000, to remain 
     available until expended.

                 Immigration and Naturalization Service

                         salaries and expenses

       For expenses necessary for the administration and 
     enforcement of the laws relating to immigration, 
     naturalization, and alien registration, as follows:

                     enforcement and border affairs

       For salaries and expenses for the Border Patrol program, 
     the detention and deportation program, the intelligence 
     program, the investigations program, and the inspections 
     program, including not to exceed $50,000 to meet unforeseen 
     emergencies of a confidential character, to be expended under 
     the direction of, and to be accounted for solely under the 
     certificate of, the Attorney General; purchase for police-
     type use (not to exceed 3,855 passenger motor vehicles, of 
     which 2,535 are for replacement only), without regard to the 
     general purchase price limitation for the current fiscal 
     year, and hire of passenger motor vehicles; acquisition, 
     lease, maintenance and operation of aircraft; research 
     related to immigration enforcement; for protecting and 
     maintaining the integrity of the borders of the United States 
     including, without limitation, equipping, maintaining, and 
     making improvements to the infrastructure; and for the care 
     and housing of Federal detainees held in the joint 
     Immigration and Naturalization Service and United States 
     Marshals Service's Buffalo Detention Facility, 
     $1,069,754,000, of which not to exceed $400,000 for research 
     shall remain available until expended; of which not to exceed 
     $10,000,000 shall be available for costs associated with the 
     training program for basic officer training, and $5,000,000 
     is for payments or advances arising out of contractual or 
     reimbursable agreements with State and local law enforcement 
     agencies while engaged in cooperative activities related to 
     immigration; and of which not to exceed $5,000,000 is to fund 
     or reimburse other Federal agencies for the costs associated 
     with the care, maintenance, and repatriation of smuggled 
     illegal aliens: Provided, That none of the funds available to 
     the Immigration and Naturalization Service shall be available 
     to pay any employee overtime pay in an amount in excess of 
     $30,000 during the calendar year beginning January 1, 1999: 
     Provided further, That uniforms may be purchased without 
     regard to the general purchase price limitation for the 
     current fiscal year: Provided further, That none of the funds 
     provided in this or any other Act shall be used for the 
     continued operation of the San Clemente and Temecula 
     checkpoints unless the checkpoints are open and traffic is 
     being checked on a continuous 24-hour basis.

  citizenship and benefits, immigration support and program direction

       For all programs of the Immigration and Naturalization 
     Service not included under the heading ``Enforcement and 
     Border Affairs'', $552,083,000: Provided, That not to exceed 
     $5,000 shall be available for official reception and 
     representation expenses: Provided further, That the Attorney 
     General may transfer any funds appropriated under this 
     heading and the heading ``Enforcement and Border Affairs'' 
     between said appropriations notwithstanding any percentage 
     transfer limitations imposed under this appropriation Act and 
     may direct such fees as are collected by the Immigration and 
     Naturalization Service to the activities funded under this 
     heading and the heading ``Enforcement and Border Affairs'' 
     for performance of the functions for which the fees legally 
     may be expended: Provided further, That not to exceed 43 
     permanent positions and 43 full-time equivalent workyears and 
     $4,284,000 shall be expended for the Offices of Legislative 
     Affairs and Public Affairs: Provided further, That the latter 
     two aforementioned offices shall not be augmented by 
     personnel details, temporary transfers of personnel on either 
     a reimbursable or non-reimbursable basis, or any other type 
     of formal or informal transfer or reimbursement of personnel 
     or funds on either a temporary or long-term basis: Provided 
     further, That the number of positions filled through non-
     career appointment at the Immigration and Naturalization 
     Service, for which funding is provided in this Act or is 
     otherwise made available to the Immigration and 
     Naturalization Service, shall not exceed 4 permanent 
     positions and 4 full-time equivalent workyears: Provided 
     further, That funds may be used, without limitation, for 
     equipping, maintaining, and making improvements to the 
     infrastructure and the purchase of vehicles for police type 
     use within the limits of the Enforcement and Border Affairs 
     appropriation: Provided further, That, notwithstanding any 
     other provision of law, during fiscal year 1999, the Attorney 
     General is authorized and directed to impose disciplinary

[[Page H11060]]

     action, including termination of employment, pursuant to 
     policies and procedures applicable to employees of the 
     Federal Bureau of Investigation, for any employee of the 
     Immigration and Naturalization Service who violates policies 
     and procedures set forth by the Department of Justice 
     relative to the granting of citizenship or who willfully 
     deceives the Congress or department leadership on any matter.

                    violent crime reduction programs

       In addition, $842,490,000, for such purposes, to remain 
     available until expended, to be derived from the Violent 
     Crime Reduction Trust Fund: Provided, That the Attorney 
     General may use the transfer authority provided under the 
     heading ``Citizenship and Benefits, Immigration Support and 
     Program Direction'' to provide funds to any program of the 
     Immigration and Naturalization Service that heretofore has 
     been funded by the Violent Crime Reduction Trust Fund.

                              construction

       For planning, construction, renovation, equipping, and 
     maintenance of buildings and facilities necessary for the 
     administration and enforcement of the laws relating to 
     immigration, naturalization, and alien registration, not 
     otherwise provided for, $90,000,000, to remain available 
     until expended: Provided, That no funds shall be available 
     for the site acquisition, design, or construction of any 
     Border Patrol checkpoint in the Tucson sector.

                         Federal Prison System


                         salaries and expenses

       For expenses necessary for the administration, operation, 
     and maintenance of Federal penal and correctional 
     institutions, including purchase (not to exceed 763, of which 
     599 are for replacement only) and hire of law enforcement and 
     passenger motor vehicles, and for the provision of technical 
     assistance and advice on corrections related issues to 
     foreign governments, $2,862,354,000: Provided, That the 
     Attorney General may transfer to the Health Resources and 
     Services Administration such amounts as may be necessary for 
     direct expenditures by that Administration for medical relief 
     for inmates of Federal penal and correctional institutions: 
     Provided further, That the Director of the Federal Prison 
     System (FPS), where necessary, may enter into contracts with 
     a fiscal agent/fiscal intermediary claims processor to 
     determine the amounts payable to persons who, on behalf of 
     the FPS, furnish health services to individuals committed to 
     the custody of the FPS: Provided further, That not to exceed 
     $6,000 shall be available for official reception and 
     representation expenses: Provided further, That not to exceed 
     $90,000,000 for the activation of new facilities shall remain 
     available until September 30, 2000: Provided further, That, 
     of the amounts provided for Contract Confinement, not to 
     exceed $20,000,000 shall remain available until expended to 
     make payments in advance for grants, contracts and 
     reimbursable agreements, and other expenses authorized by 
     section 501(c) of the Refugee Education Assistance Act of 
     1980, as amended, for the care and security in the United 
     States of Cuban and Haitian entrants: Provided further, That, 
     notwithstanding section 4(d) of the Service Contract Act of 
     1965 (41 U.S.C. 353(d)), FPS may enter into contracts and 
     other agreements with private entities for periods of not to 
     exceed 3 years and 7 additional option years for the 
     confinement of Federal prisoners.
       In addition, $26,499,000, for such purposes, to remain 
     available until expended, to be derived from the Violent 
     Crime Reduction Trust Fund.


                        Buildings and Facilities

       For planning, acquisition of sites and construction of new 
     facilities; leasing the Oklahoma City Airport Trust Facility; 
     purchase and acquisition of facilities and remodeling, and 
     equipping of such facilities for penal and correctional use, 
     including all necessary expenses incident thereto, by 
     contract or force account; and constructing, remodeling, and 
     equipping necessary buildings and facilities at existing 
     penal and correctional institutions, including all necessary 
     expenses incident thereto, by contract or force account, 
     $410,997,000, to remain available until expended, of which 
     not to exceed $14,074,000 shall be available to construct 
     areas for inmate work programs: Provided, That labor of 
     United States prisoners may be used for work performed under 
     this appropriation: Provided further, That not to exceed 10 
     percent of the funds appropriated to ``Buildings and 
     Facilities'' in this Act or any other Act may be transferred 
     to ``Salaries and Expenses'', Federal Prison System, upon 
     notification by the Attorney General to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     in compliance with provisions set forth in section 605 of 
     this Act.


                Federal Prison Industries, Incorporated

       The Federal Prison Industries, Incorporated, is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available, and in accord with 
     the law, and to make such contracts and commitments, without 
     regard to fiscal year limitations as provided by section 9104 
     of title 31, United States Code, as may be necessary in 
     carrying out the program set forth in the budget for the 
     current fiscal year for such corporation, including purchase 
     of (not to exceed five for replacement only) and hire of 
     passenger motor vehicles.


   limitation on administrative expenses, federal prison industries, 
                              incorporated

       Not to exceed $3,266,000 of the funds of the corporation 
     shall be available for its administrative expenses, and for 
     services as authorized by 5 U.S.C. 3109, to be computed on an 
     accrual basis to be determined in accordance with the 
     corporation's current prescribed accounting system, and such 
     amounts shall be exclusive of depreciation, payment of 
     claims, and expenditures which the said accounting system 
     requires to be capitalized or charged to cost of commodities 
     acquired or produced, including selling and shipping 
     expenses, and expenses in connection with acquisition, 
     construction, operation, maintenance, improvement, 
     protection, or disposition of facilities and other property 
     belonging to the corporation or in which it has an interest.

                       Office of Justice Programs

                           justice assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968, as amended, and the Missing 
     Children's Assistance Act, as amended, including salaries and 
     expenses in connection therewith, and with the Victims of 
     Crime Act of 1984, as amended, $147,151,000, to remain 
     available until expended, as authorized by section 1001 of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968, as amended by Public Law 102-534 (106 Stat. 3524).

               state and local law enforcement assistance

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by part E of title I of the Omnibus 
     Crime Control and Safe Streets Act of 1968, as amended, for 
     State and Local Narcotics Control and Justice Assistance 
     Improvements, notwithstanding the provisions of section 511 
     of said Act, $552,000,000, to remain available until 
     expended, as authorized by section 1001 of title I of said 
     Act, as amended by Public Law 102-534 (106 Stat. 3524), of 
     which $47,000,000 shall be available to carry out the 
     provisions of chapter A of subpart 2 of part E of title I of 
     said Act, for discretionary grants under the Edward Byrne 
     Memorial State and Local Law Enforcement Assistance Programs.

   violent crime reduction programs, state and local law enforcement 
                               assistance

       For assistance (including amounts for administrative costs 
     for management and administration, which amounts shall be 
     transferred to and merged with the ``Justice Assistance'' 
     account) authorized by the Violent Crime Control and Law 
     Enforcement Act of 1994 (Public Law 103-322), as amended 
     (``the 1994 Act''); the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended (``the 1968 Act''); and the 
     Victims of Child Abuse Act of 1990, as amended (``the 1990 
     Act''), $2,369,950,000, to remain available until expended, 
     which shall be derived from the Violent Crime Reduction Trust 
     Fund; of which $523,000,000 shall be for Local Law 
     Enforcement Block Grants, pursuant to H.R. 728 as passed by 
     the House of Representatives on February 14, 1995, except 
     that for purposes of this Act, the Commonwealth of Puerto 
     Rico shall be considered a ``unit of local government'' as 
     well as a ``State'', for the purposes set forth in paragraphs 
     (A), (B), (D), (F), and (I) of section 101(a)(2) of H.R. 728 
     and for establishing crime prevention programs involving 
     cooperation between community residents and law enforcement 
     personnel in order to control, detect, or investigate crime 
     or the prosecution of criminals: Provided, That no funds 
     provided under this heading may be used as matching funds for 
     any other Federal grant program: Provided further, That 
     $40,000,000 of this amount shall be for Boys and Girls Clubs 
     in public housing facilities and other areas in cooperation 
     with State and local law enforcement: Provided further, That 
     funds may also be used to defray the costs of indemnification 
     insurance for law enforcement officers: Provided further, 
     That, hereafter, for the purpose of eligibility for the Local 
     Law Enforcement Block Grant Program in the State of 
     Louisiana, parish sheriffs are to be considered the unit of 
     local government at the parish level under section 108 of 
     H.R. 728: Provided further, That $20,000,000 shall be 
     available to carry out section 102(2) of H.R. 728; of which 
     $45,000,000 shall be for grants to upgrade criminal records, 
     as authorized by section 106(b) of the Brady Handgun Violence 
     Prevention Act of 1993, as amended, and section 4(b) of the 
     National Child Protection Act of 1993; of which $420,000,000 
     shall be for the State Criminal Alien Assistance Program, as 
     authorized by section 242(j) of the Immigration and 
     Nationality Act, as amended; of which $720,500,000 shall be 
     for Violent Offender Incarceration and Truth in Sentencing 
     Incentive Grants pursuant to subtitle A of title II of the 
     1994 Act, of which $165,000,000 shall be available for 
     payments to States for incarceration of criminal aliens, of 
     which $25,000,000 shall be available for the Cooperative 
     Agreement Program, and of which $34,000,000 shall be reserved 
     by the Attorney General for fiscal year 1999 under section 
     20109(a) of subtitle A of title II of the 1994 Act; of which 
     $9,000,000 shall be for the Court Appointed Special Advocate 
     Program, as authorized by section 218 of the 1990 Act; of 
     which $2,000,000 shall be for Child Abuse Training Programs 
     for Judicial Personnel and Practitioners, as authorized by 
     section 224 of the 1990 Act; of which $206,750,000 shall be 
     for Grants to Combat Violence Against Women, to States, units 
     of local government, and Indian tribal governments, as 
     authorized by section 1001(a)(18) of the 1968 Act, including 
     $23,000,000 which shall be used exclusively for the purpose 
     of strengthening civil legal assistance programs for victims 
     of domestic violence, and $10,000,000 which shall be used 
     exclusively for violence on college campuses: Provided 
     further, That, of these funds, $5,200,000 shall be provided 
     to the National Institute of Justice for research and 
     evaluation of violence against women, $1,196,000 shall be 
     provided to the Office of the United States Attorney for the 
     District of Columbia for domestic violence programs in D.C. 
     Superior Court, and $10,000,000 shall be available to the 
     Office of Juvenile Justice and Delinquency Prevention for the 
     Safe Start Program, to be administered as authorized by part 
     C of the Juvenile Justice and Delinquency Act of 1974, as 
     amended; of which $34,000,000 shall be for Grants to 
     Encourage Arrest Policies to States, units of

[[Page H11061]]

     local government, and Indian tribal governments, as 
     authorized by section 1001(a)(19) of the 1968 Act; of which 
     $25,000,000 shall be for Rural Domestic Violence and Child 
     Abuse Enforcement Assistance Grants, as authorized by section 
     40295 of the 1994 Act; of which $5,000,000 shall be for 
     training programs to assist probation and parole officers who 
     work with released sex offenders, as authorized by section 
     40152(c) of the 1994 Act, and for local demonstration 
     projects; of which $1,000,000 shall be for grants for 
     televised testimony, as authorized by section 1001(a)(7) 
     of the 1968 Act; of which $5,000,000 shall be for the 
     Tribal Courts Initiative; of which $63,000,000 shall be 
     for grants for residential substance abuse treatment for 
     State prisoners, as authorized by section 1001(a)(17) of 
     the 1968 Act; of which $15,000,000 shall be for grants to 
     States and units of local government for projects to 
     improve DNA analysis, as authorized by section 1001(a)(22) 
     of the 1968 Act; of which $900,000 shall be for the 
     Missing Alzheimer's Disease Patient Alert Program, as 
     authorized by section 240001(c) of the 1994 Act; of which 
     $1,300,000 shall be for Motor Vehicle Theft Prevention 
     Programs, as authorized by section 220002(h) of the 1994 
     Act; of which $40,000,000 shall be for Drug Courts, as 
     authorized by title V of the 1994 Act; of which $1,500,000 
     shall be for Law Enforcement Family Support Programs, as 
     authorized by section 1001(a)(21) of the 1968 Act; of 
     which $2,000,000 shall be for public awareness programs 
     addressing marketing scams aimed at senior citizens, as 
     authorized by section 250005(3) of the 1994 Act; and of 
     which $250,000,000 shall be for Juvenile Accountability 
     Incentive Block Grants, except that such funds shall be 
     subject to the same terms and conditions as set forth in 
     the provisions under this heading for this program in 
     Public Law 105-119, but all references in such provisions 
     to 1998 shall be deemed to refer instead to 1999: Provided 
     further, That funds made available in fiscal year 1999 
     under subpart 1 of part E of title I of the 1968 Act may 
     be obligated for programs to assist States in the 
     litigation processing of death penalty Federal habeas 
     corpus petitions and for drug testing initiatives: 
     Provided further, That, if a unit of local government uses 
     any of the funds made available under this title to 
     increase the number of law enforcement officers, the unit 
     of local government will achieve a net gain in the number 
     of law enforcement officers who perform nonadministrative 
     public safety service.


                       weed and seed program fund

       For necessary expenses, including salaries and related 
     expenses of the Executive Office for Weed and Seed, to 
     implement ``Weed and Seed'' program activities, $33,500,000 
     to remain available until expended, for intergovernmental 
     agreements, including grants, cooperative agreements, and 
     contracts, with State and local law enforcement agencies 
     engaged in the investigation and prosecution of violent 
     crimes and drug offenses in ``Weed and Seed'' designated 
     communities, and for either reimbursements or transfers to 
     appropriation accounts of the Department of Justice and other 
     Federal agencies which shall be specified by the Attorney 
     General to execute the ``Weed and Seed'' program strategy: 
     Provided, That funds designated by Congress through language 
     for other Department of Justice appropriation accounts for 
     ``Weed and Seed'' program activities shall be managed and 
     executed by the Attorney General through the Executive 
     Office for Weed and Seed: Provided further, That the 
     Attorney General may direct the use of other Department of 
     Justice funds and personnel in support of ``Weed and 
     Seed'' program activities only after the Attorney General 
     notifies the Committees on Appropriations of the House of 
     Representatives and the Senate in accordance with section 
     605 of this Act.

                  Community Oriented Policing Services


                    violent crime reduction programs

       For activities authorized by the Violent Crime Control and 
     Law Enforcement Act of 1994, Public Law 103-322 (``the 1994 
     Act'') (including administrative costs), $1,400,000,000, to 
     remain available until expended, which shall be derived from 
     the Violent Crime Reduction Trust Fund, for Public Safety and 
     Community Policing Grants pursuant to title I of the 1994 
     Act: Provided, That not to exceed 266 permanent positions and 
     266 full-time equivalent workyears and $32,023,000 shall be 
     expended for program management and administration: Provided 
     further, That of the funds made available under this heading 
     and the unobligated balances available in this program, 
     $180,000,000 shall be used for innovative community policing 
     programs, of which $80,000,000 shall be used for a law 
     enforcement technology program, $35,000,000 shall be used for 
     policing initiatives to combat methamphetamine production and 
     trafficking and to enhance policing initiatives in drug ``hot 
     spots'', $17,500,000 shall be used for programs to combat 
     violence in schools, $25,000,000 shall be used for the 
     Matching Grant Program for Law Enforcement Armor Vests 
     pursuant to section 2501 of part Y of the Omnibus Crime 
     Control and Safe Streets Act of 1968, as amended, $5,000,000 
     shall be used for additional community law enforcement 
     officers and related program support for the District of 
     Columbia Offender Supervision, Defender, and Court Services 
     Agency, $12,500,000 shall be used for the Community Policing 
     to Combat Domestic Violence Program pursuant to section 
     1701(d) of part Q of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended, and $5,000,000 shall be used 
     for Community Prosecutors programs: Provided further, That up 
     to $35,000,000 shall be available to improve tribal law 
     enforcement including equipment and training.
        In addition, for programs of Police Corps education, 
     training, and service as set forth in sections 200101-200113 
     of the 1994 Act, $30,000,000, to remain available until 
     expended, which shall be derived from the Violent Crime 
     Reduction Trust Fund.


                       Juvenile Justice Programs

       For grants, contracts, cooperative agreements, and other 
     assistance authorized by the Juvenile Justice and Delinquency 
     Prevention Act of 1974, as amended, (``the Act''), including 
     salaries and expenses in connection therewith to be 
     transferred to and merged with the appropriations for Justice 
     Assistance, $267,597,000, to remain available until expended, 
     as authorized by section 299 of part I of title II and 
     section 506 of title V of the Act, as amended by Public Law 
     102-586, of which (1) notwithstanding any other provision of 
     law, $6,847,000 shall be available for expenses authorized by 
     part A of title II of the Act, $89,000,000 shall be available 
     for expenses authorized by part B of title II of the Act, and 
     $42,750,000 shall be available for expenses authorized by 
     part C of title II of the Act: Provided, That $26,500,000 of 
     the amounts provided for part B of title II of the Act, as 
     amended, is for the purpose of providing additional formula 
     grants under part B to States that provide assurances to the 
     Administrator that the State has in effect (or will have in 
     effect no later than one year after date of application) 
     policies and programs, that ensure that juveniles are subject 
     to accountability-based sanctions for every act for which 
     they are adjudicated delinquent; (2) $12,000,000 shall 
     be available for expenses authorized by section 281 and 
     282 of part D of title II of the Act for prevention and 
     treatment programs relating to juvenile gangs; (3) 
     $10,000,000 shall be available for expenses authorized by 
     section 285 of part E of title II of the Act; (4) 
     $12,000,000 shall be available for expenses authorized by 
     part G of title II of the Act for juvenile mentoring 
     programs; and (5) $95,000,000 shall be available for 
     expenses authorized by title V of the Act for incentive 
     grants for local delinquency prevention programs; of which 
     $10,000,000 shall be for delinquency prevention, control, 
     and system improvement programs for tribal youth; of which 
     $25,000,000 shall be available for grants of $360,000 to 
     each state and $6,640,000 shall be available for 
     discretionary grants to states, for programs and 
     activities to enforce state laws prohibiting the sale of 
     alcoholic beverages to minors or the purchase or 
     consumption of alcoholic beverages by minors, prevention 
     and reduction of consumption of alcoholic beverages by 
     minors, and for technical assistance and training: 
     Provided further, That upon the enactment of 
     reauthorization legislation for Juvenile Justice Programs 
     under the Juvenile Justice and Delinquency Prevention Act 
     of 1974, as amended, funding provisions in this Act shall 
     from that date be subject to the provisions of that 
     legislation and any provisions in this Act that are 
     inconsistent with that legislation shall no longer have 
     effect: Provided further, That of amounts made available 
     under the Juvenile Justice Programs of the Office of 
     Justice Programs to carry out part B (relating to Federal 
     Assistance for State and Local Programs), subpart II of 
     part C (relating to Special Emphasis Prevention and 
     Treatment Programs), part D (relating to Gang-Free Schools 
     and Communities and Community-Based Gang Intervention), 
     part E (relating to State Challenge Activities), and part 
     G (relating to Mentoring) of title II of the Juvenile 
     Justice and Delinquency Prevention Act of 1974, and to 
     carry out the At-Risk Children's Program under title V of 
     that Act, not more than 10 percent of each such amount may 
     be used for research, evaluation, and statistics 
     activities designed to benefit the programs or activities 
     authorized under the appropriate part or title, and not 
     more than 2 percent of each such amount may be used for 
     training and technical assistance activities designed to 
     benefit the programs or activities authorized under that 
     part or title.
       In addition, for grants, contracts, cooperative agreements, 
     and other assistance, $10,000,000 to remain available until 
     expended, for developing, testing, and demonstrating programs 
     designed to reduce drug use among juveniles.
       In addition, for grants, contracts, cooperative agreements, 
     and other assistance authorized by the Victims of Child Abuse 
     Act of 1990, as amended, $7,000,000, to remain available 
     until expended, as authorized by section 214B of the Act.


                    Public Safety Officers Benefits

       To remain available until expended, for payments authorized 
     by part L of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796), as amended, such sums 
     as are necessary, as authorized by section 6093 of Public Law 
     100-690 (102 Stat. 4339-4340).

               General Provisions--Department of Justice

       Sec. 101. In addition to amounts otherwise made available 
     in this title for official reception and representation 
     expenses, a total of not to exceed $45,000 from funds 
     appropriated to the Department of Justice in this title shall 
     be available to the Attorney General for official reception 
     and representation expenses in accordance with distributions, 
     procedures, and regulations established by the Attorney 
     General.
       Sec. 102. Authorities contained in the Department of 
     Justice Appropriation Authorization Act, Fiscal Year 1980 
     (Public Law 96-132; 93 Stat. 1040 (1979)), as amended, shall 
     remain in effect until the termination date of this Act or 
     until the effective date of a Department of Justice 
     Appropriation Authorization Act, whichever is earlier.
       Sec. 103. None of the funds appropriated by this title 
     shall be available to pay for an abortion, except where the 
     life of the mother would be endangered if the fetus were 
     carried to term, or in the case of rape: Provided, That 
     should this prohibition be declared unconstitutional by a 
     court of competent jurisdiction, this section shall be null 
     and void.

[[Page H11062]]

       Sec. 104. None of the funds appropriated under this title 
     shall be used to require any person to perform, or facilitate 
     in any way the performance of, any abortion.
       Sec. 105. Nothing in the preceding section shall remove the 
     obligation of the Director of the Bureau of Prisons to 
     provide escort services necessary for a female inmate to 
     receive such service outside the Federal facility: Provided, 
     That nothing in this section in any way diminishes the effect 
     of section 104 intended to address the philosophical beliefs 
     of individual employees of the Bureau of Prisons.
       Sec. 106. Notwithstanding any other provision of law, not 
     to exceed $10,000,000 of the funds made available in this Act 
     may be used to establish and publicize a program under which 
     publicly advertised, extraordinary rewards may be paid, which 
     shall not be subject to spending limitations contained in 
     sections 3059 and 3072 of title 18, United States Code: 
     Provided, That any reward of $100,000 or more, up to a 
     maximum of $2,000,000, may not be made without the personal 
     approval of the President or the Attorney General and such 
     approval may not be delegated.
       Sec. 107. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Justice in this Act, including those derived from the Violent 
     Crime Reduction Trust Fund, may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That any 
     transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation except in compliance 
     with the procedures set forth in that section.
       Sec. 108. For fiscal year 1999 and thereafter, the Director 
     of the Bureau of Prisons may make expenditures out of the 
     Commissary Fund of the Federal Prison System, regardless of 
     whether any such expenditure is security-related, for 
     programs, goods, and services for the benefit of inmates (to 
     the extent the provision of those programs, goods, or 
     services to inmates is not otherwise prohibited by law), 
     including--
       (1) the installation, operation, and maintenance of the 
     Inmate Telephone System;
       (2) the payment of all the equipment purchased or leased in 
     connection with the Inmate Telephone System; and
       (3) the salaries, benefits, and other expenses of personnel 
     who install, operate, and maintain the Inmate Telephone 
     System.
       Sec. 109. (a) Section 3201 of the Crime Control Act of 1990 
     (28 U.S.C. 509 note) is amended to read as follows--
       ``Appropriations in this or any other Act hereafter for the 
     Federal Bureau of Investigation, the Drug Enforcement 
     Administration, or the Immigration and Naturalization Service 
     are available, in an amount of not to exceed $25,000 each per 
     fiscal year, to pay humanitarian expenses incurred by or for 
     any employee thereof (or any member of the employee's 
     immediate family) that results from or is incident to serious 
     illness, serious injury, or death occurring to the employee 
     while on official duty or business.''.
       (b) The Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 is amended by striking section 626 
     (8 U.S.C. 1363b).
       Sec. 110. Any amounts credited to the ``Legalization 
     Account'' established under section 245(c)(7)(B) of the 
     Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)(B)) are 
     transferred to the ``Examinations Fee Account'' established 
     under section 286(m) of that Act (8 U.S.C. 1356(m)).
       Sec. 111. The Director of the Bureau of Prisons shall 
     conduct a study, not later than 270 days after the date of 
     the enactment of this Act, of private prisons that evaluates 
     the growth and development of the private prison industry 
     during the past 15 years, training qualifications of 
     personnel at private prisons, and the security procedures of 
     such facilities, and compares the general standards and 
     conditions between private prisons and Federal prisons. The 
     results of such study shall be submitted to the Committees on 
     the Judiciary and Appropriations of the House of 
     Representatives and the Senate.
       Sec. 112. Notwithstanding any other provision of law, 
     during fiscal year 1999, the Assistant Attorney General for 
     the Office of Justice Programs of the Department of Justice--
       (1) may make grants, or enter into cooperative agreements 
     and contracts, for the Office of Justice Programs and the 
     component organizations of that Office; and
       (2) shall have final authority over all grants, cooperative 
     agreements, and contracts made, or entered into, for the 
     Office of Justice Programs and the component organizations of 
     that Office.
       Sec. 113. Notwithstanding any other provision of law, with 
     respect to any grant program for which amounts are made 
     available under this title, the term ``tribal'' means of or 
     relating to an Indian tribe (as that term is defined in 
     section 102(2) of the Federally Recognized Indian Tribe List 
     Act of 1994 (25 U.S.C. 479a(2))).
       Sec. 114. Section 286(e)(1)(C) of the Immigration and 
     Nationality Act (8 U.S.C. 1356(e)(1)(C)) is amended by 
     inserting ``State'' and a comma immediately before 
     ``territory''.
       Sec. 115. (a)(1) Notwithstanding any other provision of 
     law, for fiscal year 1999, the Attorney General may obligate 
     any funds appropriated for or reimbursed to the 
     Counterterrorism programs, projects or activities of the 
     Department of Justice to purchase or lease equipment or any 
     related items, or to acquire interim services, without regard 
     to any otherwise applicable Federal acquisition rule, if the 
     Attorney General determines that--
       (A) there is an exigent need for the equipment, related 
     items, or services in order to support an ongoing 
     counterterrorism, national security, or computer-crime 
     investigation or prosecution;
       (B) the equipment, related items, or services required are 
     not available within the Department of Justice; and
       (C) adherence to that Federal acquisition rule would--
       (i) delay the timely acquisition of the equipment, related 
     items, or services; and
       (ii) adversely affect an ongoing counterterrorism, national 
     security, or computer-crime investigation or prosecution.
       (2) In this subsection, the term ``Federal acquisition 
     rule'' means any provision of title II or IX of the Federal 
     Property and Administrative Services Act of 1949, the Office 
     of Federal Procurement Policy Act, the Small Business Act, 
     the Federal Acquisition Regulation, or any other provision of 
     law or regulation that establishes policies, procedures, 
     requirements, conditions, or restrictions for procurements by 
     the head of a department or agency or the Federal Government.
       (b) The Attorney General shall immediately notify the 
     Committees on Appropriations of the House of Representatives 
     and the Senate in writing of each expenditure under 
     subsection (a), which notification shall include sufficient 
     information to explain the circumstances necessitating the 
     exercise of the authority under that subsection.
       Sec. 116. Section 110(a) of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 note) 
     is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``later than'' and all that follows through ``Attorney'' and 
     inserting ``later than October 15, 1998 (and not later than 
     March 30, 2001, in the case of land border ports of entry and 
     sea ports), the Attorney'';
       (2) in paragraph (1), by striking ``and'' at the end;
       (3) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(3) not significantly disrupt trade, tourism, or other 
     legitimate cross-border traffic at land border ports of 
     entry.''.
       Sec. 117. Section 402 of the Controlled Substances Act (21 
     U.S.C. 842) is amended--
       (1) in subsection (a)(5), by inserting ``negligently'' 
     before ``fail'';
       (2) in subsection (a)(10), by inserting ``negligently'' 
     before ``to fail''; and
       (3) in subsection (c)(1)--
       (A) by inserting ``(A)'' after ``(1)'';
       (B) by inserting ``subparagraph (B) of this paragraph and'' 
     before ``paragraph (2)''; and
       (C) by adding at the end the following:
       ``(B) In the case of a violation of paragraph (5) or (10) 
     of subsection (a), the civil penalty shall not exceed 
     $10,000.''.
       Sec. 118. The General Accounting Office shall--
       (1) monitor the compliance of the Department of Justice and 
     all United States Attorneys with the ``Guidance on the Use of 
     the False Claims Act in Civil Health Care Matters'' issued by 
     the Department of Justice on June 3, 1998, including any 
     revisions to that guidance; and
       (2) not later than February 1, 1999, and again not later 
     than August 2, 1999, submit a report on such compliance to 
     the Committees on the Judiciary and the Committees on 
     Appropriations of the Senate and the House of 
     Representatives.
       Sec. 119. Firearms Safety. (a) Secure Gun Storage Device.--
     Section 921(a) of title 18, United States Code, is amended by 
     adding at the end the following:
       ``(34) The term `secure gun storage or safety device' 
     means--
       ``(A) a device that, when installed on a firearm, is 
     designed to prevent the firearm from being operated without 
     first deactivating the device;
       ``(B) a device incorporated into the design of the firearm 
     that is designed to prevent the operation of the firearm by 
     anyone not having access to the device; or
       ``(C) a safe, gun safe, gun case, lock box, or other device 
     that is designed to be or can be used to store a firearm and 
     that is designed to be unlocked only by means of a key, a 
     combination, or other similar means.''.
       (b) Certification Required in Application for Dealer's 
     License.--Section 923(d)(1) of title 18, United States Code, 
     is amended--
       (1) in subparagraph (E), by striking ``and'' at the end;
       (2) in subparagraph (F), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(G) in the case of an application to be licensed as a 
     dealer, the applicant certifies that secure gun storage or 
     safety devices will be available at any place in which 
     firearms are sold under the license to persons who are not 
     licensees (subject to the exception that in any case in which 
     a secure gun storage or safety device is temporarily 
     unavailable because of theft, casualty loss, consumer sales, 
     backorders from a manufacturer, or any other similar reason 
     beyond the control of the licensee, the dealer shall not be 
     considered to be in violation of the requirement under this 
     subparagraph to make available such a device).''.
       (c) Revocation of Dealer's License for Failure To Have 
     Secure Gun Storage or Safety Devices Available.--The first 
     sentence of section 923(e) of title 18, United States Code, 
     is amended by inserting before the period at the end the 
     following: ``or fails to have secure gun storage or safety 
     devices available at any place in which firearms are sold 
     under the license to persons who are not licensees (except 
     that in any case in which a secure gun storage or safety 
     device is temporarily unavailable because of theft, casualty 
     loss, consumer sales, backorders from a manufacturer, or any 
     other similar reason beyond the control of the licensee, the 
     dealer shall not be considered to be in violation of the 
     requirement to make available such a device)''.
       (d) Statutory Construction; Evidence.--
       (1) Statutory construction.--Nothing in the amendments made 
     by this section shall be construed--

[[Page H11063]]

       (A) as creating a cause of action against any firearms 
     dealer or any other person for any civil liability; or
       (B) as establishing any standard of care.
       (2) Evidence.--Notwithstanding any other provision of law, 
     evidence regarding compliance or noncompliance with the 
     amendments made by this section shall not be admissible as 
     evidence in any proceeding of any court, agency, board, or 
     other entity.
       (e) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of enactment of 
     this Act.
       Sec. 120. Firearm Safety Education Grants. (a) In 
     General.--Section 510 of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3760) is amended--
       (1) in subsection (a), by striking paragraph (1) and 
     inserting the following:
       ``(1) undertaking educational and training programs for--
       ``(A) criminal justice personnel; and
       ``(B) the general public, with respect to the lawful and 
     safe ownership, storage, carriage, or use of firearms, 
     including the provision of secure gun storage or safety 
     devices;'';
       (2) in the first sentence of subsection (b), by inserting 
     before the period the following: ``and is authorized to make 
     grants to, or enter into contracts with, those persons and 
     entities to carry out the purposes specified in subsection 
     (a)(1)(B) in accordance with subsection (c)''; and
       (3) by adding at the end the following:
       ``(c)(1) In accordance with this subsection, the Director 
     may make a grant to, or enter into a contract with, any 
     person or entity referred to in subsection (b) to provide for 
     a firearm safety program that, in a manner consistent with 
     subsection (a)(1)(B), provides for general public training 
     and dissemination of information concerning firearm safety, 
     secure gun storage, and the lawful ownership, carriage, or 
     use of firearms, including the provision of secure gun 
     storage or safety devices.
       ``(2) Funds made available under a grant under paragraph 
     (1) may not be used (either directly or by supplanting non-
     Federal funds) for advocating or promoting gun control, 
     including making communications that are intended to directly 
     or indirectly affect the passage of Federal, State, or local 
     legislation intended to restrict or control the purchase or 
     use of firearms.
       ``(3) Except as provided in paragraph (4), each firearm 
     safety program that receives funding under this subsection 
     shall provide for evaluations that shall be developed 
     pursuant to guidelines that the Director of the National 
     Institute of Justice of the Department of Justice, in 
     consultation with the Director of the Bureau of Justice 
     Assistance and recognized private entities that have 
     expertise in firearms safety, education and training, shall 
     establish.
       ``(4) With respect to a firearm safety program that 
     receives funding under this section, the Director may waive 
     the evaluation requirement described in paragraph (3) if the 
     Director determines that the program--
       ``(A) is not of a sufficient size to justify an evaluation; 
     or
       ``(B) is designed primarily to provide material resources 
     and supplies, and that activity would not justify an 
     evaluation.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the earlier of--
       (1) October 1, 1998; or
       (2) the date of enactment of this Act.
       Sec. 121. Firearms. Section 922 of title 18, United States 
     Code, is amended--
       (1) in subsection (d), by striking paragraph (5) and 
     inserting the following:
       ``(5) who, being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in subsection (y)(2), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26)));'';
       (2) in subsection (g), by striking paragraph (5) and 
     inserting the following:
       ``(5) who, being an alien--
       ``(A) is illegally or unlawfully in the United States; or
       ``(B) except as provided in subsection (y)(2), has been 
     admitted to the United States under a nonimmigrant visa (as 
     that term is defined in section 101(a)(26) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(26)));'';
       (3) in subsection (s)(3)(B), by striking clause (v) and 
     inserting the following:
       ``(v) is not an alien who--

       ``(I) is illegally or unlawfully in the United States; or
       ``(II) subject to subsection (y)(2), has been admitted to 
     the United States under a nonimmigrant visa (as that term is 
     defined in section 101(a)(26) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(26)));''; and

       (4) by inserting after subsection (x) the following:
       ``(y) Provisions Relating to Aliens Admitted Under 
     Nonimmigrant Visas.--
       ``(1) Definitions.--In this subsection--
       ``(A) the term `alien' has the same meaning as in section 
     101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(3)); and
       ``(B) the term `nonimmigrant visa' has the same meaning as 
     in section 101(a)(26) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(26)).
       ``(2) Exceptions.--Subsections (d)(5)(B), (g)(5)(B), and 
     (s)(3)(B)(v)(II) do not apply to any alien who has been 
     lawfully admitted to the United States under a nonimmigrant 
     visa, if that alien is--
       ``(A) admitted to the United States for lawful hunting or 
     sporting purposes or is in possession of a hunting license or 
     permit lawfully issued in the United States;
       ``(B) an official representative of a foreign government 
     who is--
       ``(i) accredited to the United States Government or the 
     Government's mission to an international organization having 
     its headquarters in the United States; or
       ``(ii) en route to or from another country to which that 
     alien is accredited;
       ``(C) an official of a foreign government or a 
     distinguished foreign visitor who has been so designated by 
     the Department of State; or
       ``(D) a foreign law enforcement officer of a friendly 
     foreign government entering the United States on official law 
     enforcement business.
       ``(3) Waiver.--
       ``(A) Conditions for waiver.--Any individual who has been 
     admitted to the United States under a nonimmigrant visa may 
     receive a waiver from the requirements of subsection (g)(5), 
     if--
       ``(i) the individual submits to the Attorney General a 
     petition that meets the requirements of subparagraph (C); and
       ``(ii) the Attorney General approves the petition.
       ``(B) Petition.--Each petition under subparagraph (B) 
     shall--
       ``(i) demonstrate that the petitioner has resided in the 
     United States for a continuous period of not less than 180 
     days before the date on which the petition is submitted under 
     this paragraph; and
       ``(ii) include a written statement from the embassy or 
     consulate of the petitioner, authorizing the petitioner to 
     acquire a firearm or ammunition and certifying that the alien 
     would not, absent the application of subsection (g)(5)(B), 
     otherwise be prohibited from such acquisition under 
     subsection (g).
       ``(C) Approval of petition.--The Attorney General shall 
     approve a petition submitted in accordance with this 
     paragraph, if the Attorney General determines that waiving 
     the requirements of subsection (g)(5)(B) with respect to the 
     petitioner--
       ``(i) would be in the interests of justice; and
       ``(ii) would not jeopardize the public safety.''.
       Sec. 122. Section 3486(a)(1) of title 18, United States 
     Code, is amended by inserting ``or any act or activity 
     involving a Federal offense relating to the sexual 
     exploitation or other abuse of children,'' after ``health 
     care offense,''.
       Sec. 123. Section 170102 of the Violent Crime Control and 
     Law Enforcement Act of 1994 (42 U.S.C. 14072) is amended--
       (1) in subsection (a)(2), by striking ``or'';
       (2) in subsection (g)(3), by striking ``minimally 
     sufficient'' and inserting ``State sexual offender''; and
       (3) by amending subsection (i) to read as follows:
       ``(i) Penalty.--A person who is--
       ``(1) required to register under paragraph (1), (2), or (3) 
     of subsection (g) of this section and knowingly fails to 
     comply with this section;
       ``(2) required to register under a sexual offender 
     registration program in the person's State of residence and 
     knowingly fails to register in any other State in which the 
     person is employed, carries on a vocation, or is a student;
       ``(3) described in section 4042(c)(4) of title 18, United 
     States Code, and knowingly fails to register in any State in 
     which the person resides, is employed, carries on a vocation, 
     or is a student following release from prison or sentencing 
     to probation; or
       ``(4) sentenced by a court martial for conduct in a 
     category specified by the Secretary of Defense under section 
     115(a)(8)(C) of title I of Public Law 105-119, and knowingly 
     fails to register in any State in which the person resides, 
     is employed, carries on a vocation, or is a student following 
     release from prison or sentencing to probation, shall, in the 
     case of a first offense under this subsection, be imprisoned 
     for not more than 1 year and, in the case of a second or 
     subsequent offense under this subsection, be imprisoned for 
     not more than 10 years.''.
       Sec. 124. (a). (1) A nursing facility or home health care 
     agency may submit a request to the Attorney General to 
     conduct a search and exchange of records described in 
     subsection (b) regarding an applicant for employment if the 
     employment position is involved in direct patient care.
       (2) A nursing facility or home health care agency 
     requesting a search and exchange of records under this 
     section shall submit to the Attorney General through the 
     appropriate State agency or agency designated by the Attorney 
     General a copy of an employment applicant's fingerprints, a 
     statement signed by the applicant authorizing the nursing 
     facility or home health care agency to request the search and 
     exchange of records, and any other identification information 
     not more than 7 days (excluding Saturdays, Sundays, and legal 
     public holidays under section 6103(a) of title 5, United 
     States Code) after acquiring the fingerprints, signed 
     statement, and information.
       (b) Pursuant to any submission that complies with the 
     requirements of subsection (a), the Attorney General shall 
     search the records of the Criminal Justice Information 
     Services Division of the Federal Bureau of Investigation for 
     any criminal history records corresponding to the 
     fingerprints or other identification information submitted. 
     The Attorney General shall provide any corresponding 
     information resulting from the search to the appropriate 
     State agency or agency designated by the Attorney General to 
     receive such information.
       (c) Information regarding an applicant for employment in a 
     nursing facility or home health care agency obtained pursuant 
     to this section may be used only by the facility or agency 
     requesting the information and only for the purpose of 
     determining the suitability of the applicant for employment 
     by the facility or agency in a position involved in direct 
     patient care.
       (d) The Attorney General may charge a reasonable fee, not 
     to exceed $50 per request, to any nursing facility or home 
     health care agency requesting a search and exchange of 
     records pursuant to this section.

[[Page H11064]]

       (e) Not later than 2 years after the date of enactment of 
     this Act, the Attorney General shall submit a report to 
     Congress on the number of requests for searches and exchanges 
     of records made under this section by nursing facilities and 
     home health care agencies and the disposition of such 
     requests.
       (f) Whoever knowingly uses any information obtained 
     pursuant to this section for a purpose other than as 
     authorized under subsection (c) shall be fined in accordance 
     with title 18, United States Code, imprisoned for not more 
     than 2 years, or both.
       (g) A nursing facility or home health care agency that, in 
     denying employment for an applicant, reasonably relies upon 
     information provided by the Attorney General pursuant to this 
     section shall not be liable in any action brought by the 
     applicant based on the employment determination resulting 
     from the incompleteness or inaccuracy of the information.
       (h) The Attorney General may promulgate such regulations as 
     are necessary to carry out this section, including 
     regulations regarding the security, confidentiality, 
     accuracy, use, destruction, and dissemination of information, 
     audits and recordkeeping, the imposition of fees, and any 
     necessary modifications to the definitions contained in 
     subsection (i).
       (i) In this section:
       (1) The term ``home health care agency'' means an agency 
     that provides home health care or personal care services on a 
     visiting basis in a place of residence.
       (2) The term ``nursing facility'' means a facility or 
     institution (or a distinct part of an institution) that is 
     primarily engaged in providing to residents of the facility 
     or institution nursing care, including skilled nursing care, 
     and related services for individuals who require medical or 
     nursing care.
       (j) This section shall apply without fiscal year 
     limitation.
       Sec. 125. Effective with the enactment of this Act, and in 
     any fiscal year hereafter, the Attorney General and the 
     Secretary of the Treasury may, for their respective agencies, 
     extend the payment of relocation expenses listed in section 
     5724a(b)(1) of Title 5 of the United States Code to include 
     the Commonwealth of Puerto Rico, the Commonwealth of the 
     Northern Mariana Islands, and the territories and possessions 
     of the United States.
       Sec. 126. Notwithstanding any other provision of this Act, 
     the total of the amounts appropriated under this title of 
     this Act is reduced by $20,038,000, out of which the 
     reductions for each account shall be made in accordance with 
     the chart on Year 2000 funding dated September 17, 1998, 
     provided to Congress by the Department of Justice.
       Sec. 127. Notwithstanding any other provision of law, in 
     any action brought by a prisoner under section 1979 of the 
     Revised Statutes (42 U.S.C. 1983) against a Federal, State, 
     or local jail, prison, or correctional facility, or any 
     employee or former employee thereof, arising out of the 
     incarceration of that prisoner--
       (1) the financial records of a person employed or formerly 
     employed by the Federal, State, or local jail, prison, or 
     correctional facility, shall not be subject to disclosure 
     without the written consent of that person or pursuant to a 
     court order, unless a verdict of liability has been entered 
     against that person; and
       (2) the home address, home phone number, social security 
     number, identity of family members, personal tax returns, and 
     personal banking information of a person described in 
     paragraph (1), and any other records or information of a 
     similar nature relating to that person, shall not be subject 
     to disclosure without the written consent of that person, or 
     pursuant to a court order.
       Sec. 128. (a) The numerical limitation set forth in section 
     209(b) of the Immigration and Nationality Act (8 U.S.C. 
     1159(b)) shall not apply to any alien described in subsection 
     (b).
       (b) An alien described in subsection (a) is an alien who 
     was a United States Government employee, employee of a 
     nongovernmental organization based in the United States, or 
     other Iraqi national who was moved to Guam by the United 
     States Government in 1996 or 1997 pursuant to an arrangement 
     made by the United States Government, and who was granted 
     asylum in the United States under section 208(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1158(a)).
       Sec. 129. (a) Amendments to Juvenile Justice and 
     Delinquency Prevention Act of 1974.--
       (1) In general.--Section 103 of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5603) is 
     amended--
       (A) by striking paragraph (8) and inserting the following:
       ``(8) the term `unit of local government' means--
       ``(A) any city, county, township, town, borough, parish, 
     village, or other general purpose political subdivision of a 
     State;
       ``(B) any law enforcement district or judicial enforcement 
     district that--
       ``(i) is established under applicable State law; and
       ``(ii) has the authority to, in a manner independent of 
     other State entities, establish a budget and raise revenues;
       ``(C) an Indian Tribe that performs law enforcement 
     functions, as determined by the Secretary of the Interior; or
       ``(D) for the purposes of assistance eligibility, any 
     agency of the government of the District of Columbia or the 
     Federal Government that performs law enforcement functions in 
     and for--
       ``(i) the District of Columbia; or
       ``(ii) any Trust Territory of the United States;''; and
       (B) in paragraph (9), by striking ``units of general local 
     government'' and inserting ``units of local government''.
       (2) Conforming amendments.--
       (A) Section 221(a) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5631(a)) is amended by 
     striking ``units of general local government'' each place 
     that term appears and inserting ``units of local 
     government''.
       (B) Section 222(c) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5632(c)) is amended by 
     striking ``units of general local government'' each place 
     that term appears and inserting ``units of local 
     government''.
       (C) Section 223(a) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5633(a)) is amended--
       (i) in paragraph (4)--

       (I) by striking ``units of general local government'' and 
     inserting ``units of local government''; and
       (II) by striking ``local governments'' and inserting 
     ``units of local government'';

       (ii) in paragraph (5)--

       (I) in subparagraph (A), by striking ``units of general 
     local government'' and inserting ``units of local 
     government''; and
       (II) in subparagraph (B), by striking ``unit of general 
     local government'' and inserting ``unit of local 
     government'';

       (iii) in paragraph (6), by striking ``unit of general local 
     government'' and inserting ``unit of local government''; and
       (iv) in paragraph (10), by striking ``unit of general local 
     government'' and inserting ``unit of local government''.
       (D) Section 244(5) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5654(5)) is amended by 
     striking ``units of general local government'' and inserting 
     ``units of local government''.
       (E) Section 372(a)(3) of the Juvenile Justice and 
     Delinquency Prevention Act of 1974 (42 U.S.C. 5714b(a)(3)) is 
     amended by striking ``unit of general local government'' and 
     inserting ``unit of local government''.
       (F) Section 505(a) of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5784(a)) is amended by 
     striking ``units of general local government'' and inserting 
     ``units of local government''.
       (b) Omnibus Crime Control and Safe Streets Act of 1968.--
     Section 901(3) of the Omnibus Crime Control and Safe Streets 
     Act of 1968 (42 U.S.C. 3791(3)) is amended to read as 
     follows:
       ``(3) `unit of local government' means--
       ``(A) any city, county, township, town, borough, parish, 
     village, or other general purpose political subdivision of a 
     State;
       ``(B) any law enforcement district or judicial enforcement 
     district that--
       ``(i) is established under applicable State law; and
       ``(ii) has the authority to, in a manner independent of 
     other State entities, establish a budget and impose taxes;
       ``(C) an Indian Tribe (as that term is defined in section 
     103 of the Juvenile Justice and Delinquency Prevention Act of 
     1974 (42 U.S.C. 5603)) that performs law enforcement 
     functions, as determined by the Secretary of the Interior; or
       ``(D) for the purposes of assistance eligibility, any 
     agency of the government of the District of Columbia or the 
     Federal Government that performs law enforcement functions in 
     and for--
       ``(i) the District of Columbia; or
       ``(ii) any Trust Territory of the United States;''.
       Sec. 130. For payments of judgments against the United 
     States and compromise settlements of claims in suits against 
     the United States arising from the Financial Institutions 
     Reform, Recovery and Enforcement Act (FIRREA) and its 
     implementation, such sums as may be necessary, to remain 
     available until expended: Provided, That the foregoing 
     authority is available for payment of judgments and 
     compromise settlements:
       Provided further, That payment of litigation expenses is 
     available under existing authority as set forth in the 
     Memorandum of Understanding between the Federal Deposit 
     Insurance Corporation and the Department of Justice, dated 
     October 2, 1998, and may not be paid from amounts provided in 
     this Act.
       This title may be cited as the ``Department of Justice 
     Appropriations Act, 1999''.

         TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES

                  Trade and Infrastructure Development

                            RELATED AGENCIES

            Office of the United States Trade Representative


                         salaries and expenses

       For necessary expenses of the Office of the United States 
     Trade Representative, including the hire of passenger motor 
     vehicles and the employment of experts and consultants as 
     authorized by 5 U.S.C. 3109, $24,200,000, of which $1,000,000 
     shall remain available until expended: Provided, That not to 
     exceed $98,000 shall be available for official reception and 
     representation expenses.

                     International Trade Commission

                         salaries and expenses

       For necessary expenses of the International Trade 
     Commission, including hire of passenger motor vehicles, and 
     services as authorized by 5 U.S.C. 3109, and not to exceed 
     $2,500 for official reception and representation expenses, 
     $44,495,000, to remain available until expended.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration

                     operations and administration

       For necessary expenses for international trade activities 
     of the Department of Commerce provided for by law, and 
     engaging in trade promotional activities abroad, including 
     expenses of grants and cooperative agreements for the purpose 
     of promoting exports of United States firms, without regard 
     to 44 U.S.C. 3702 and 3703; full medical coverage for 
     dependent members of immediate families of employees 
     stationed overseas

[[Page H11065]]

     and employees temporarily posted overseas; travel and 
     transportation of employees of the United States and Foreign 
     Commercial Service between two points abroad, without regard 
     to 49 U.S.C. 1517; employment of Americans and aliens by 
     contract for services; rental of space abroad for periods not 
     exceeding ten years, and expenses of alteration, repair, or 
     improvement; purchase or construction of temporary 
     demountable exhibition structures for use abroad; payment of 
     tort claims, in the manner authorized in the first paragraph 
     of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $327,000 for official representation 
     expenses abroad; purchase of passenger motor vehicles for 
     official use abroad, not to exceed $30,000 per vehicle; 
     obtain insurance on official motor vehicles; and rent tie 
     lines and teletype equipment, $286,264,000, to remain 
     available until expended, of which $1,600,000 is to be 
     derived from fees to be retained and used by the 
     International Trade Administration, notwithstanding 31 U.S.C. 
     3302: Provided, That of the $302,757,000 provided for in 
     direct obligations (of which $284,664,000 is appropriated 
     from the General Fund, $1,600,000 is derived from fee 
     collections, and $16,493,000 is derived from unobligated 
     balances and deobligations from prior years), $59,280,000 
     shall be for Trade Development, $17,779,000 shall be for 
     Market Access and Compliance, $31,047,000 shall be for the 
     Import Administration, $182,736,000 shall be for the United 
     States and Foreign Commercial Service, and $11,915,000 shall 
     be for Executive Direction and Administration: Provided 
     further, That the provisions of the first sentence of section 
     105(f) and all of section 108(c) of the Mutual Educational 
     and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 
     2458(c)) shall apply in carrying out these activities without 
     regard to section 5412 of the Omnibus Trade and 
     Competitiveness Act of 1988 (15 U.S.C. 4912); and that for 
     the purpose of this Act, contributions under the provisions 
     of the Mutual Educational and Cultural Exchange Act shall 
     include payment for assessments for services provided as part 
     of these activities.

                         Export Administration


                     operations and administration

       For necessary expenses for export administration and 
     national security activities of the Department of Commerce, 
     including costs associated with the performance of export 
     administration field activities both domestically and abroad; 
     full medical coverage for dependent members of immediate 
     families of employees stationed overseas; employment of 
     Americans and aliens by contract for services abroad; rental 
     of space abroad for periods not exceeding ten years, and 
     expenses of alteration, repair, or improvement; payment of 
     tort claims, in the manner authorized in the first paragraph 
     of 28 U.S.C. 2672 when such claims arise in foreign 
     countries; not to exceed $15,000 for official representation 
     expenses abroad; awards of compensation to informers under 
     the Export Administration Act of 1979, and as authorized by 
     22 U.S.C. 401(b); purchase of passenger motor vehicles for 
     official use and motor vehicles for law enforcement use with 
     special requirement vehicles eligible for purchase without 
     regard to any price limitation otherwise established by law, 
     $52,331,000 to remain available until expended, of which 
     $1,877,000 shall be for inspections and other activities 
     related to national security: Provided, That the provisions 
     of the first sentence of section 105(f) and all of section 
     108(c) of the Mutual Educational and Cultural Exchange Act of 
     1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying 
     out these activities: Provided further, That payments and 
     contributions collected and accepted for materials or 
     services provided as part of such activities may be retained 
     for use in covering the cost of such activities, and for 
     providing information to the public with respect to the 
     export administration and national security activities of the 
     Department of Commerce and other export control programs of 
     the United States and other governments: Provided further, 
     That no funds may be obligated or expended for processing 
     licenses for the export of satellites of United States origin 
     (including commercial satellites and satellite components) to 
     the People's Republic of China, unless, at least 15 days in 
     advance, the Committees on Appropriations of the House and 
     the Senate and other appropriate Committees of the Congress 
     are notified of such proposed action.

                  Economic Development Administration


                economic development assistance programs

       For grants for economic development assistance as provided 
     by the Public Works and Economic Development Act of 1965, as 
     amended, Public Law 91-304, and such laws that were in effect 
     immediately before September 30, 1982, and for trade 
     adjustment assistance, $368,379,000: Provided, That none of 
     the funds appropriated or otherwise made available under this 
     heading may be used directly or indirectly for attorneys' or 
     consultants' fees in connection with securing grants and 
     contracts made by the Economic Development Administration: 
     Provided further, That, notwithstanding any other provision 
     of law, the Secretary of Commerce may provide financial 
     assistance for projects to be located on military 
     installations closed or scheduled for closure or realignment 
     to grantees eligible for assistance under the Public Works 
     and Economic Development Act of 1965, as amended, without it 
     being required that the grantee have title or ability to 
     obtain a lease for the property, for the useful life of the 
     project, when in the opinion of the Secretary of Commerce, 
     such financial assistance is necessary for the economic 
     development of the area: Provided further, That the Secretary 
     of Commerce may, as the Secretary considers appropriate, 
     consult with the Secretary of Defense regarding the title to 
     land on military installations closed or scheduled for 
     closure or realignment.

                         salaries and expenses

       For necessary expenses of administering the economic 
     development assistance programs as provided for by law, 
     $24,000,000: Provided, That these funds may be used to 
     monitor projects approved pursuant to title I of the Public 
     Works Employment Act of 1976, as amended, title II of the 
     Trade Act of 1974, as amended, and the Community Emergency 
     Drought Relief Act of 1977.

                  Minority Business Development Agency

                     minority business development

       For necessary expenses of the Department of Commerce in 
     fostering, promoting, and developing minority business 
     enterprise, including expenses of grants, contracts, and 
     other agreements with public or private organizations, 
     $27,000,000.

                Economic and Information Infrastructure

                   Economic and Statistical Analysis

                         salaries and expenses

       For necessary expenses, as authorized by law, of economic 
     and statistical analysis programs of the Department of 
     Commerce, $48,490,000, to remain available until September 
     30, 2000.

                          Bureau of the Census

                         salaries and expenses

       For expenses necessary for collecting, compiling, 
     analyzing, preparing, and publishing statistics, provided for 
     by law, $136,147,000.

                     periodic censuses and programs

       For expenses necessary to conduct the decennial census, 
     $1,026,936,000 to remain available until expended: Provided, 
     That, of this amount, not less than $75,000,000 shall be for 
     the following activities: (1) $23,000,000 for additional 
     staffing requirements for local field offices; (2) 
     $17,000,000 for additional promotion, outreach, and marketing 
     activities; and (3) $35,000,000 for additional costs 
     associated with modifications to decennial census 
     questionnaires.
       In addition, for necessary expenses of the Census 
     Monitoring Board as authorized by section 210 of Public Law 
     105-119, $4,000,000, to remain available until expended.
       In addition, for expenses to collect and publish statistics 
     for other periodic censuses and programs provided for by law, 
     $155,966,000, to remain available until expended.

       National Telecommunications and Information Administration

                         salaries and expenses

       For necessary expenses, as provided for by law, of the 
     National Telecommunications and Information Administration 
     (NTIA), $10,940,000, to remain available until expended: 
     Provided, That, notwithstanding 31 U.S.C. 1535(d), the 
     Secretary of Commerce shall charge Federal agencies for costs 
     incurred in spectrum management, analysis, and operations, 
     and related services and such fees shall be retained and used 
     as offsetting collections for costs of such spectrum 
     services, to remain available until expended: Provided 
     further, That hereafter, notwithstanding any other provision 
     of law, NTIA shall not authorize spectrum use or provide any 
     spectrum functions pursuant to the NTIA Organization Act, 47 
     U.S.C. 902-903, to any Federal entity without reimbursement 
     as required by NTIA for such spectrum management costs, and 
     Federal entities withholding payment of such cost shall not 
     use spectrum: Provided further, That the Secretary of 
     Commerce is authorized to retain and use as offsetting 
     collections all funds transferred, or previously transferred, 
     from other Government agencies for all costs incurred in 
     telecommunications research, engineering, and related 
     activities by the Institute for Telecommunication Sciences of 
     the NTIA, in furtherance of its assigned functions under this 
     paragraph, and such funds received from other Government 
     agencies shall remain available until expended.


    public telecommunications facilities, planning and construction

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended, $21,000,000, to remain available 
     until expended as authorized by section 391 of the Act, as 
     amended: Provided, That not to exceed $1,800,000 shall be 
     available for program administration as authorized by section 
     391 of the Act: Provided further, That notwithstanding the 
     provisions of section 391 of the Act, the prior year 
     unobligated balances may be made available for grants for 
     projects for which applications have been submitted and 
     approved during any fiscal year: Provided further, That, 
     hereafter, notwithstanding any other provision of law, the 
     Pan-Pacific Education and Communication Experiments by 
     Satellite (PEACESAT) Program is eligible to compete for 
     Public Telecommunications Facilities, Planning and 
     Construction funds.

                   information infrastructure grants

       For grants authorized by section 392 of the Communications 
     Act of 1934, as amended, $18,000,000, to remain available 
     until expended as authorized by section 391 of the Act, as 
     amended: Provided, That not to exceed $3,000,000 shall be 
     available for program administration and other support 
     activities as authorized by section 391: Provided further, 
     That, of the funds appropriated herein, not to exceed 5 
     percent may be available for telecommunications research 
     activities for projects related directly to the development 
     of a national information infrastructure: Provided further, 
     That, notwithstanding the requirements of section 392(a) and 
     392(c) of the Act, these funds may be used for the planning 
     and construction of telecommunications networks for the 
     provision of educational, cultural, health care, public 
     information, public safety, or other social services: 
     Provided further, That notwithstanding any other provision of 
     law, no entity that receives telecommunications services at 
     preferential rates under section 254(h) of the Communications 
     Act of 1934 (47 U.S.C. 254(h)) or receives assistance

[[Page H11066]]

     under the regional information sharing systems grant program 
     of the Department of Justice under part M of title I of the 
     Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
     3796h) may use funds under a grant under this heading to 
     cover any costs of the entity that would otherwise be covered 
     by such preferential rates or such assistance, as the case 
     may be.

                      Patent and Trademark Office

                         salaries and expenses

       For necessary expenses of the Patent and Trademark Office 
     provided for by law, including defense of suits instituted 
     against the Commissioner of Patents and Trademarks, 
     $643,026,000, to remain available until expended: Provided, 
     That of this amount, $643,026,000 shall be derived from 
     offsetting collections assessed and collected pursuant to 15 
     U.S.C. 1113 and 35 U.S.C. 41 and 376, and shall be retained 
     and used for necessary expenses in this appropriation: 
     Provided further, That the sum herein appropriated from the 
     General Fund shall be reduced as such offsetting collections 
     are received during fiscal year 1999, so as to result in a 
     final fiscal year 1999 appropriation from the General Fund 
     estimated at $0: Provided further, That, during fiscal year 
     1999, should the total amount of offsetting fee collections 
     be less than $643,026,000, the total amounts available to the 
     Patent and Trademark Office shall be reduced accordingly: 
     Provided further, That any amount received in excess of 
     $643,026,000 in fiscal year 1999 shall remain available until 
     expended, but shall not be available for obligation until 
     October 1, 1999: Provided further, That the amounts charged 
     for patent fees under 35 U.S.C. 41 (a) and (b) shall be the 
     amounts charged by the Patent and Trademark Office on 
     September 30, 1998, including any applicable surcharges 
     collected pursuant to section 8001 of Public Law 103-66: 
     Provided further, That such fees shall be credited as 
     offsetting collections and shall be retained and used for 
     necessary expenses in this appropriation: Provided further, 
     That upon enactment of a statute reauthorizing the Patent and 
     Trademark Office or establishing a successor agency or 
     agencies, and upon the subsequent enactment of a new patent 
     fee schedule, the fifth proviso in this paragraph shall no 
     longer have effect: Provided further, That, in addition to 
     amounts otherwise made available under this heading, not to 
     exceed $102,000,000 of such amounts collected shall be 
     available for obligation in fiscal year 1999 for purposes as 
     authorized by law: Provided further, That any amount received 
     in excess of $102,000,000 in fiscal year 1999 shall remain 
     available until expended, but shall not be available for 
     obligation until October 1, 1999.

                         Science and Technology

                       Technology Administration


       Under Secretary for Technology/Office of Technology Policy

                         Salaries and Expenses

       For necessary expenses for the Under Secretary for 
     Technology/Office of Technology Policy, $9,495,000, of which 
     not to exceed $1,600,000 shall remain available until 
     September 30, 2000.

             National Institute of Standards and Technology


             scientific and technical research and services

       For necessary expenses of the National Institute of 
     Standards and Technology, $280,136,000, to remain available 
     until expended, of which not to exceed $1,625,000 may be 
     transferred to the ``Working Capital Fund''.

                     industrial technology services

       For necessary expenses of the Manufacturing Extension 
     Partnership of the National Institute of Standards and 
     Technology, $106,800,000, to remain available until expended: 
     Provided, That notwithstanding the time limitations imposed 
     by 15 U.S.C. 278k(c)(1) and (5) on the duration of Federal 
     financial assistance that may be awarded by the Secretary of 
     Commerce to Regional Centers for the transfer of 
     Manufacturing Technology (``Centers''), such Federal 
     financial assistance for a Center may continue beyond six 
     years and may be renewed for additional periods, not to 
     exceed one year, at a rate not to exceed one-third of the 
     Center's total annual costs or the level of funding in the 
     sixth year, whichever is less, subject before any such 
     renewal to a positive evaluation of the Center and to a 
     finding by the Secretary of Commerce that continuation of 
     Federal funding to the Center is in the best interest of the 
     Regional Centers for the transfer of Manufacturing Technology 
     Program: Provided further, That the Center's most recent 
     performance evaluation is positive, and the Center has 
     submitted a reapplication which has successfully passed merit 
     review.
       In addition, for necessary expenses of the Advanced 
     Technology Program of the National Institute of Standards and 
     Technology, $203,500,000, to remain available until expended, 
     of which not to exceed $66,000,000 shall be available for the 
     award of new grants, and of which not to exceed $500,000 may 
     be transferred to the ``Working Capital Fund''.

                  construction of research facilities

       For construction of new research facilities, including 
     architectural and engineering design, and for renovation of 
     existing facilities, not otherwise provided for the National 
     Institute of Standards and Technology, as authorized by 15 
     U.S.C. 278c-278e, $56,714,000, to remain available until 
     expended: Provided, That of the amounts provided under this 
     heading, $40,000,000 shall be available for obligation and 
     expenditure only after submission of a plan for the 
     expenditure of these funds, in accordance with section 605 of 
     this Act.

            National Oceanic and Atmospheric Administration

                  operations, research, and facilities


                     (including transfers of funds)

       For necessary expenses of activities authorized by law for 
     the National Oceanic and Atmospheric Administration, 
     including maintenance, operation, and hire of aircraft; not 
     to exceed 250 commissioned officers on the active list as of 
     September 30, 1999; grants, contracts, or other payments to 
     nonprofit organizations for the purposes of conducting 
     activities pursuant to cooperative agreements; and relocation 
     of facilities as authorized by 33 U.S.C. 883i; 
     $1,579,844,000, to remain available until expended: Provided, 
     That fees and donations received by the National Ocean 
     Service for the management of the national marine sanctuaries 
     may be retained and used for the salaries and expenses 
     associated with those activities, notwithstanding 31 U.S.C. 
     3302: Provided further, That in addition, $63,381,000 shall 
     be derived by transfer from the fund entitled ``Promote and 
     Develop Fishery Products and Research Pertaining to American 
     Fisheries'': Provided further, That grants to States pursuant 
     to sections 306 and 306A of the Coastal Zone Management Act 
     of 1972, as amended, shall not exceed $2,000,000: Provided 
     further, That not to exceed $31,439,000 shall be expended for 
     Executive Direction and Administration, which consists of 
     the Offices of the Under Secretary, the Executive 
     Secretariat, Policy and Strategic Planning, International 
     Affairs, Legislative Affairs, Public Affairs, Sustainable 
     Development, the Chief Scientist, and the General Counsel: 
     Provided further, That the aforementioned offices, 
     excluding the Office of the General Counsel, shall not be 
     augmented by personnel details, temporary transfers of 
     personnel on either a reimbursable or nonreimbursable 
     basis or any other type of formal or informal transfer or 
     reimbursement of personnel or funds on either a temporary 
     or long-term basis above the level of 33 personnel: 
     Provided further, That the Secretary of Commerce shall 
     make funds available to implement the mitigation 
     recommendations identified subsequent to the ``1995 
     Secretary's Report to Congress on Adequacy of NEXRAD 
     Coverage and Degradation of Weather Services'', and shall 
     ensure continuation of weather service coverage for these 
     communities until mitigation activities are completed: 
     Provided further, That no general administrative charge 
     shall be applied against any assigned activity included in 
     this Act and, further, that any direct administrative 
     expenses applied against assigned activities shall be 
     limited to five percent of the funds provided for that 
     assigned activity.

               procurement, acquisition and construction


                     (including transfers of funds)

       For procurement, acquisition and construction of capital 
     assets, including alteration and modification costs, of the 
     National Oceanic and Atmospheric Administration, 
     $584,677,000, to remain available until expended: Provided, 
     That not to exceed $67,667,000 is available for the advanced 
     weather interactive processing system, and may be available 
     for obligation and expenditure only pursuant to a 
     certification by the Secretary of Commerce that the total 
     cost to complete the acquisition and deployment of the 
     advanced weather interactive processing system through Build 
     4.2 and NOAA Port system, including program management, 
     operations, and maintenance costs through deployment, will 
     not exceed $71,790,000: Provided further, That unexpended 
     balances of amounts previously made available in the 
     ``Operations, Research, and Facilities'' account for 
     activities funded under this heading may be transferred to 
     and merged with this account, to remain available until 
     expended for the purposes for which the funds were originally 
     appropriated.


                      Coastal Zone Management Fund

       Of amounts collected pursuant to section 308 of the Coastal 
     Zone Management Act of 1972 (16 U.S.C. 1456a), not to exceed 
     $4,000,000, for purposes set forth in sections 308(b)(2)(A), 
     308(b)(2)(B)(v), and 315(e) of such Act.


                      fishermen's contingency fund

       For carrying out the provisions of title IV of Public Law 
     95-372, not to exceed $953,000, to be derived from receipts 
     collected pursuant to that Act, to remain available until 
     expended.

                     foreign fishing observer fund

       For expenses necessary to carry out the provisions of the 
     Atlantic Tunas Convention Act of 1975, as amended (Public Law 
     96-339), the Magnuson-Stevens Fishery Conservation and 
     Management Act of 1976, as amended (Public Law 100-627), [and 
     the American Fisheries Promotion Act (Public Law 96-561)], to 
     be derived from the fees imposed under the foreign fishery 
     observer program authorized by these Acts, not to exceed 
     $189,000, to remain available until expended.

                   fisheries finance program account

       For the cost of direct loans, $338,000, as authorized by 
     the Merchant Marine Act of 1936, as amended: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That none of the funds made 
     available under this heading may be used for direct loans for 
     any new fishing vessel that will increase the harvesting 
     capacity in any United States fishery.

                         General Administration

                         salaries and expenses

       For expenses necessary for the general administration of 
     the Department of Commerce provided for by law, including not 
     to exceed $3,000 for official entertainment, $30,000,000.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $21,000,000.

[[Page H11067]]

                      Patent and Trademark Office


                         salaries and expenses

                              (rescission)

       Of the unobligated balances available under this heading 
     from prior year appropriations, fees collected in this fiscal 
     year, and balances of prior year fees, $71,000,000 are 
     rescinded.

               General Provisions--Department of Commerce

       Sec. 201. During the current fiscal year, applicable 
     appropriations and funds made available to the Department of 
     Commerce by this Act shall be available for the activities 
     specified in the Act of October 26, 1949 (15 U.S.C. 1514), to 
     the extent and in the manner prescribed by the Act, and, 
     notwithstanding 31 U.S.C. 3324, may be used for advanced 
     payments not otherwise authorized only upon the 
     certification of officials designated by the Secretary of 
     Commerce that such payments are in the public interest.
       Sec. 202. During the current fiscal year, appropriations 
     made available to the Department of Commerce by this Act for 
     salaries and expenses shall be available for hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344; services as authorized by 5 U.S.C. 3109; and uniforms 
     or allowances therefore, as authorized by law (5 U.S.C. 5901-
     5902).
       Sec. 203. None of the funds made available by this Act may 
     be used to support the hurricane reconnaissance aircraft and 
     activities that are under the control of the United States 
     Air Force or the United States Air Force Reserve.
       Sec. 204. None of the funds provided in this or any 
     previous Act, or hereinafter made available to the Department 
     of Commerce, shall be available to reimburse the Unemployment 
     Trust Fund or any other fund or account of the Treasury to 
     pay for any expenses paid before October 1, 1992, as 
     authorized by section 8501 of title 5, United States Code, 
     for services performed after April 20, 1990, by individuals 
     appointed to temporary positions within the Bureau of the 
     Census for purposes relating to the 1990 decennial census of 
     population.
       Sec. 205. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     Commerce in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.
       Sec. 206. (a) Should legislation be enacted to dismantle or 
     reorganize the Department of Commerce, or any portion 
     thereof, the Secretary of Commerce, no later than 90 days 
     thereafter, shall submit to the Committees on Appropriations 
     of the House and the Senate a plan for transferring funds 
     provided in this Act to the appropriate successor 
     organizations: Provided, That the plan shall include a 
     proposal for transferring or rescinding funds appropriated 
     herein for agencies or programs terminated under such 
     legislation: Provided further, That such plan shall be 
     transmitted in accordance with section 605 of this Act.
       (b) The Secretary of Commerce or the appropriate head of 
     any successor organization(s) may use any available funds to 
     carry out legislation dismantling or reorganizing the 
     Department of Commerce, or any portion thereof, to cover the 
     costs of actions relating to the abolishment, reorganization, 
     or transfer of functions and any related personnel action, 
     including voluntary separation incentives if authorized by 
     such legislation: Provided, That the authority to transfer 
     funds between appropriations accounts that may be necessary 
     to carry out this section is provided in addition to 
     authorities included under section 205 of this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 207. Any costs incurred by a Department or agency 
     funded under this title resulting from personnel actions 
     taken in response to funding reductions included in this 
     title or from actions taken for the care and protection of 
     loan collateral or grant property shall be absorbed within 
     the total budgetary resources available to such Department or 
     agency: Provided, That the authority to transfer funds 
     between appropriations accounts as may be necessary to carry 
     out this section is provided in addition to authorities 
     included elsewhere in this Act: Provided further, That use of 
     funds to carry out this section shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 208. The Secretary of Commerce may award contracts for 
     hydrographic, geodetic, and photogrammetric surveying and 
     mapping services in accordance with title IX of the Federal 
     Property and Administrative Services Act of 1949 (40 U.S.C. 
     541 et seq.).
       Sec. 209. The Secretary of Commerce may use the Commerce 
     franchise fund for expenses and equipment necessary for the 
     maintenance and operation of such administrative services as 
     the Secretary determines may be performed more advantageously 
     as central services, pursuant to section 403 of Public Law 
     103-356: Provided, That any inventories, equipment, and other 
     assets pertaining to the services to be provided by such 
     fund, either on hand or on order, less the related 
     liabilities or unpaid obligations, and any appropriations 
     made for the purpose of providing capital shall be used to 
     capitalize such fund: Provided further, That such fund shall 
     be paid in advance from funds available to the Department and 
     other Federal agencies for which such centralized services 
     are performed, at rates which will return in full all 
     expenses of operation, including accrued leave, depreciation 
     of fund plant and equipment, amortization of automated data 
     processing (ADP) software and systems (either acquired or 
     donated), and an amount necessary to maintain a reasonable 
     operating reserve, as determined by the Secretary: Provided 
     further, That such fund shall provide services on a 
     competitive basis: Provided further, That an amount not to 
     exceed 4 percent of the total annual income to such fund may 
     be retained in the fund for fiscal year 1999 and each fiscal 
     year thereafter, to remain available until expended, to be 
     used for the acquisition of capital equipment, and for the 
     improvement and implementation of Department financial 
     management, ADP, and other support systems: Provided further, 
     That such amounts retained in the fund for fiscal year 1999 
     and each fiscal year thereafter shall be available for 
     obligation and expenditure only in accordance with section 
     605 of this Act: Provided further, That no later than 30 days 
     after the end of each fiscal year, amounts in excess of this 
     reserve limitation shall be deposited as miscellaneous 
     receipts in the Treasury: Provided further, That such 
     franchise fund pilot program shall terminate pursuant to 
     section 403(f) of Public Law 103-356.
       Sec. 210. No funds may be used under this Act to process or 
     register any application filed or submitted with the Patent 
     and Trademark Office under the Act entitled ``An Act to 
     provide for the registration and protection of trademarks 
     used in commerce, to carry out the provisions of certain 
     international conventions, and for other purposes'', approved 
     July 5, 1946, commonly referred to as the Trademark Act of 
     1946, as amended, after the date of enactment of this Act for 
     a mark identical to the official tribal insignia of any 
     federally recognized Indian tribe for a period of one year 
     from the date of enactment of this Act.
       Sec. 211. (a)(1) Notwithstanding any other provision of 
     law, no transaction or payment shall be authorized or 
     approved pursuant to section 515.527 of title 31, Code of 
     Federal Regulations, as in effect on September 9, 1998, with 
     respect to a mark, trade name, or commercial name that is the 
     same as or substantially similar to a mark, trade name, or 
     commercial name that was used in connection with a business 
     or assets that were confiscated unless the original owner of 
     the mark, trade name, or commercial name, or the bona fide 
     successor-in-interest has expressly consented.
       (2) No U.S. court shall recognize, enforce or otherwise 
     validate any assertion of rights by a designated national 
     based on common law rights or registration obtained under 
     such section 515.527 of such a confiscated mark, trade name, 
     or commercial name.
       (b) No U.S. court shall recognize, enforce or otherwise 
     validate any assertion of treaty rights by a designated 
     national or its successor-in-interest under sections 44 (b) 
     or (e) of the Trademark Act of 1946 (15 U.S.C. 1126 (b) or 
     (e)) for a mark, trade name, or commercial name that is the 
     same as or substantially similar to a mark, trade name, or 
     commercial name that was used in connection with a business 
     or assets that were confiscated unless the original owner of 
     such mark, trade name, or commercial name, or the bona fide 
     successor-in-interest has expressly consented.
       (c) The Secretary of the Treasury shall promulgate such 
     rules and regulations as are necessary to carry out the 
     provisions of this section.
       (d) In this section:
       (1) The term ``designated national'' has the meaning given 
     such term in section 515.305 of title 31, Code of Federal 
     Regulations, as in effect on September 9, 1998, and includes 
     a national of any foreign country who is a successor-in-
     interest to a designated national.
       (2) The term ``confiscated'' has the meaning given such 
     term in section 515.336 of title 31, Code of Federal 
     Regulations, as in effect on September 9, 1998.
         Sec. 212. (a) Subject to subsection (b), the Secretary of 
     Commerce shall convey, at fair market value (as determined by 
     the Secretary), to the city of Two Harbors, Minnesota, or its 
     designee, the parcel of land described in subsection (c).
         (b) The Secretary may make the conveyance under 
     subsection (a) only if the Secretary receives adequate 
     assurances, as determined by the Secretary, that the 
     conveyance is in accordance with the requirements of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.).
         (c) The parcel of land referred to in subsection (a) 
     consists of approximately 21.55 acres known as the J and J 
     Casting site, in Lake County, Minnesota, together with a road 
     easement, all as described in the deed of the United States 
     Marshal, dated March 22, 1988, executed pursuant to the order 
     of sale of the United States District Court for the District 
     of Minnesota, dated May 15, 1987, in case Civil No. 5-86-300.
         (d) The Secretary shall carry out this section acting 
     through the Assistant Secretary of Commerce for Economic 
     Development.
         Sec. 213. The Secretary of Commerce, through the Under 
     Secretary for Oceans and Atmosphere, is authorized to 
     exchange, under such terms as the Secretary deems 
     appropriate, all right, title, and interest in the 28.16 acre 
     Lena Point property near Juneau, Alaska, to site a National 
     Oceanic and Atmospheric Administration facility: Provided, 
     That the Secretary is authorized to enter into an agreement 
     with the owner of the Lena Point site to modify existing rock 
     quarry operations to minimize future site development costs, 
     and to provide appropriated funds for project mitigation 
     purposes: Provided, That Section 2(b) of Public Law 104-91 is 
     amended by striking ``on Auke Cape near Juneau, Alaska'' and 
     inserting in lieu thereof ``in Alaska''.

[[Page H11068]]

         Sec. 214. The National Oceanic and Atmospheric 
     Administration (NOAA) is authorized to provide an easement, 
     lease, license or other long-term agreement to allow the 
     State of Alaska to own, operate and maintain a laboratory, 
     classroom, and office facility on the site of the NOAA 
     facility and to accept and expend State funds for development 
     of joint facilities that will be owned and operated by NOAA: 
     Provided, That NOAA is authorized to collect operation and 
     maintenance costs from the State of Alaska and to retain said 
     funds for utility costs, and current and future facility 
     maintenance costs.
       This title may be cited as the ``Department of Commerce and 
     Related Agencies Appropriations Act, 1999''.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         salaries and expenses

       For expenses necessary for the operation of the Supreme 
     Court, as required by law, excluding care of the building and 
     grounds, including purchase or hire, driving, maintenance, 
     and operation of an automobile for the Chief Justice, not to 
     exceed $10,000 for the purpose of transporting Associate 
     Justices, and hire of passenger motor vehicles as authorized 
     by 31 U.S.C. 1343 and 1344; not to exceed $10,000 for 
     official reception and representation expenses; and for 
     miscellaneous expenses, to be expended as the Chief Justice 
     may approve, $31,059,000.

                    care of the building and grounds

       For such expenditures as may be necessary to enable the 
     Architect of the Capitol to carry out the duties imposed upon 
     him by the Act approved May 7, 1934 (40 U.S.C. 13a-13b), 
     $5,400,000, of which $2,364,000 shall remain available until 
     expended.

         United States Court of Appeals for the Federal Circuit

                         salaries and expenses

       For salaries of the chief judge, judges, and other officers 
     and employees, and for necessary expenses of the court, as 
     authorized by law, $16,101,000.

               United States Court of International Trade

                         salaries and expenses

       For salaries of the chief judge and 8 judges, salaries of 
     the officers and employees of the court, services as 
     authorized by 5 U.S.C. 3109, and necessary expenses of the 
     court, as authorized by law, $11,804,000.

    Courts of Appeals, District Courts, and Other Judicial Services

                         salaries and expenses

       For the salaries of circuit and district judges (including 
     judges of the territorial courts of the United States), 
     justices and judges retired from office or from regular 
     active service, judges of the United States Court of Federal 
     Claims, bankruptcy judges, magistrate judges, and all other 
     officers and employees of the Federal Judiciary not otherwise 
     specifically provided for, and necessary expenses of the 
     courts, as authorized by law, $2,821,821,000 (including the 
     purchase of firearms and ammunition); of which not to exceed 
     $13,454,000 shall remain available until expended for space 
     alteration projects; and of which not to exceed $10,000,000 
     shall remain available until expended for furniture and 
     furnishings related to new space alteration and construction 
     projects.
       In addition, for expenses of the United States Court of 
     Federal Claims associated with processing cases under the 
     National Childhood Vaccine Injury Act of 1986, not to exceed 
     $2,515,000, to be appropriated from the Vaccine Injury 
     Compensation Trust Fund.

                    violent crime reduction programs

       For activities of the Federal Judiciary as authorized by 
     law, $41,043,000, to remain available until expended, which 
     shall be derived from the Violent Crime Reduction Trust Fund, 
     as authorized by section 190001(a) of Public Law 103-322, and 
     sections 818 and 823 of Public Law 104-132.

                           defender services

       For the operation of Federal Public Defender and Community 
     Defender organizations; the compensation and reimbursement of 
     expenses of attorneys appointed to represent persons under 
     the Criminal Justice Act of 1964, as amended; the 
     compensation and reimbursement of expenses of persons 
     furnishing investigative, expert and other services under the 
     Criminal Justice Act (18 U.S.C. 3006A(e)); the compensation 
     (in accordance with Criminal Justice Act maximums) and 
     reimbursement of expenses of attorneys appointed to assist 
     the court in criminal cases where the defendant has waived 
     representation by counsel; the compensation and reimbursement 
     of travel expenses of guardians ad litem acting on behalf of 
     financially eligible minor or incompetent offenders in 
     connection with transfers from the United States to foreign 
     countries with which the United States has a treaty for the 
     execution of penal sentences; and the compensation of 
     attorneys appointed to represent jurors in civil actions for 
     the protection of their employment, as authorized by 28 
     U.S.C. 1875(d), $360,952,000, to remain available until 
     expended as authorized by 18 U.S.C. 3006A(i).

                    fees of jurors and commissioners

       For fees and expenses of jurors as authorized by 28 U.S.C. 
     1871 and 1876; compensation of jury commissioners as 
     authorized by 28 U.S.C. 1863; and compensation of 
     commissioners appointed in condemnation cases pursuant to 
     rule 71A(h) of the Federal Rules of Civil Procedure (28 
     U.S.C. Appendix Rule 71A(h)), $66,861,000, to remain 
     available until expended: Provided, That the compensation of 
     land commissioners shall not exceed the daily equivalent of 
     the highest rate payable under section 5332 of title 5, 
     United States Code.

                             Court Security

       For necessary expenses, not otherwise provided for, 
     incident to the procurement, installation, and maintenance of 
     security equipment and protective services for the United 
     States Courts in courtrooms and adjacent areas, including 
     building ingress-egress control, inspection of packages, 
     directed security patrols, and other similar activities as 
     authorized by section 1010 of the Judicial Improvement and 
     Access to Justice Act (Public Law 100-702), $174,569,000, of 
     which not to exceed $10,000,000 shall remain available until 
     expended for security systems, to be expended directly or 
     transferred to the United States Marshals Service, which 
     shall be responsible for administering elements of the 
     Judicial Security Program consistent with standards or 
     guidelines agreed to by the Director of the Administrative 
     Office of the United States Courts and the Attorney General.

           Administrative Office of the United States Courts

                         salaries and expenses

       For necessary expenses of the Administrative Office of the 
     United States Courts as authorized by law, including travel 
     as authorized by 31 U.S.C. 1345, hire of a passenger motor 
     vehicle as authorized by 31 U.S.C. 1343(b), advertising and 
     rent in the District of Columbia and elsewhere, $54,500,000, 
     of which not to exceed $7,500 is authorized for official 
     reception and representation expenses.

                        Federal Judicial Center


                         salaries and expenses

       For necessary expenses of the Federal Judicial Center, as 
     authorized by Public Law 90-219, $17,716,000; of which 
     $1,800,000 shall remain available through September 30, 2000, 
     to provide education and training to Federal court personnel; 
     and of which not to exceed $1,000 is authorized for official 
     reception and representation expenses.

                       Judicial Retirement Funds


                    payment to judiciary trust funds

       For payment to the Judicial Officers' Retirement Fund, as 
     authorized by 28 U.S.C. 377(o), $27,500,000; to the Judicial 
     Survivors' Annuities Fund, as authorized by 28 U.S.C. 376(c), 
     $7,800,000; and to the United States Court of Federal Claims 
     Judges' Retirement Fund, as authorized by 28 U.S.C. 178(l), 
     $2,000,000.

                  United States Sentencing Commission


                         salaries and expenses

       For the salaries and expenses necessary to carry out the 
     provisions of chapter 58 of title 28, United States Code, 
     $9,487,000, of which not to exceed $1,000 is authorized for 
     official reception and representation expenses.

                   General Provisions--The Judiciary

       Sec. 301. Appropriations and authorizations made in this 
     title which are available for salaries and expenses shall be 
     available for services as authorized by 5 U.S.C. 3109.
       Sec. 302. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Judiciary in 
     this Act may be transferred between such appropriations, but 
     no such appropriation, except ``Courts of Appeals, District 
     Courts, and Other Judicial Services, Defender Services'' and 
     ``Courts of Appeals, District Courts, and Other Judicial 
     Services, Fees of Jurors and Commissioners'', shall be 
     increased by more than 10 percent by any such transfers: 
     Provided, That any transfer pursuant to this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 303. Notwithstanding any other provision of law, the 
     salaries and expenses appropriation for district courts, 
     courts of appeals, and other judicial services shall be 
     available for official reception and representation expenses 
     of the Judicial Conference of the United States: Provided, 
     That such available funds shall not exceed $10,000 and shall 
     be administered by the Director of the Administrative Office 
     of the United States Courts in the capacity as Secretary 
     of the Judicial Conference.
       This title may be cited as ``The Judiciary Appropriations 
     Act, 1999''.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs

                    diplomatic and consular programs

       For necessary expenses of the Department of State and the 
     Foreign Service not otherwise provided for, including 
     expenses authorized by the State Department Basic Authorities 
     Act of 1956, as amended; representation to certain 
     international organizations in which the United States 
     participates pursuant to treaties, ratified pursuant to the 
     advice and consent of the Senate, or specific Acts of 
     Congress; acquisition by exchange or purchase of passenger 
     motor vehicles as authorized by 31 U.S.C. 1343, 40 U.S.C. 
     481(c), and 22 U.S.C. 2674; and for expenses of general 
     administration, $1,644,300,000: Provided, That, of the amount 
     made available under this heading, not to exceed $4,000,000 
     may be transferred to, and merged with, funds in the 
     ``Emergencies in the Diplomatic and Consular Service'' 
     appropriations account, to be available only for emergency 
     evacuations and terrorism rewards: Provided further, That of 
     the amount made available under this heading, $500,000 shall 
     be available only for the National Law Center for Inter-
     American Free Trade: Provided further, That notwithstanding 
     section 140(a)(5), and the second sentence of section 
     140(a)(3), of the Foreign Relations Authorization Act, Fiscal 
     Years 1994 and 1995 (Public Law 103-236), fees may be 
     collected during fiscal years 1999 and 2000 under the 
     authority of section 140(a)(1) of that Act: Provided further, 
     That all fees collected under

[[Page H11069]]

     the preceding proviso shall be deposited in fiscal years 1999 
     and 2000 as an offsetting collection to appropriations made 
     under this heading to recover costs as set forth under 
     section 140(a)(2) of that Act and shall remain available 
     until expended
       In addition, not to exceed $1,252,000 shall be derived from 
     fees collected from other executive agencies for lease or use 
     of facilities located at the International Center in 
     accordance with section 4 of the International Center Act 
     (Public Law 90-553), as amended; in addition, as authorized 
     by section 5 of such Act, $490,000, to be derived from the 
     reserve authorized by that section, to be used for the 
     purposes set out in that section; and, in addition, not to 
     exceed $15,000, which shall be derived from reimbursements, 
     surcharges, and fees for use of Blair House facilities in 
     accordance with section 46 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2718(a)).
       Notwithstanding section 402 of this Act, not to exceed 20 
     percent of the amounts made available in this Act in the 
     appropriation accounts ``Diplomatic and Consular Programs'' 
     and ``Salaries and Expenses'' under the heading 
     ``Administration of Foreign Affairs'' may be transferred 
     between such appropriation accounts: Provided, That any 
     transfer pursuant to this sentence shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                         salaries and expenses

       For expenses necessary for the general administration of 
     the Department of State and the Foreign Service, provided for 
     by law, including expenses authorized by section 9 of the Act 
     of August 31, 1964, as amended (31 U.S.C. 3721), and the 
     State Department Basic Authorities Act of 1956, as amended, 
     $355,000,000: Provided, That, of this amount, $813,333 shall 
     be transferred to the Presidential Advisory Commission on 
     Holocaust Assets in the United States.

                        capital investment fund

       For necessary expenses of the Capital Investment Fund, 
     $80,000,000, to remain available until expended, as 
     authorized in Public Law 103-236: Provided, That section 
     135(e) of Public Law 103-236 shall not apply to funds 
     available under this heading.


                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended (5 U.S.C. App.), $27,495,000, 
     notwithstanding section 209(a)(1) of the Foreign Service Act 
     of 1980, as amended (Public Law 96-465), as it relates to 
     post inspections.

                       representation allowances

       For representation allowances as authorized by section 905 
     of the Foreign Service Act of 1980, as amended (22 U.S.C. 
     4085), $4,350,000.

              protection of foreign missions and officials

       For expenses, not otherwise provided, to enable the 
     Secretary of State to provide for extraordinary protective 
     services in accordance with the provisions of section 214 of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     4314) and 3 U.S.C. 208, $8,100,000, to remain available until 
     September 30, 2000.


           security and Maintenance of United States Missions

       For necessary expenses for carrying out the Foreign Service 
     Buildings Act of 1926, as amended (22 U.S.C. 292-300), 
     preserving, maintaining, repairing, and planning for, 
     buildings that are owned or directly leased by the Department 
     of State, renovating, in addition to funds otherwise 
     available, the Main State Building, and carrying out the 
     Diplomatic Security Construction Program as authorized by 
     title IV of the Omnibus Diplomatic Security and Antiterrorism 
     Act of 1986 (22 U.S.C. 4851), $403,561,000, to remain 
     available until expended as authorized by section 24(c) of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2696(c)): Provided, That none of the funds appropriated in 
     this paragraph shall be available for acquisition of 
     furniture and furnishings and generators for other 
     departments and agencies.

           emergencies in the diplomatic and consular service

       For expenses necessary to enable the Secretary of State to 
     meet unforeseen emergencies arising in the Diplomatic and 
     Consular Service pursuant to the requirement of 31 U.S.C. 
     3526(e), $5,500,000 to remain available until expended as 
     authorized by section 24(c) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2696(c)), of which not to 
     exceed $1,000,000 may be transferred to and merged with the 
     Repatriation Loans Program Account, subject to the same terms 
     and conditions.

                   repatriation loans program account

       For the cost of direct loans, $593,000, as authorized by 
     section 4 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2671): Provided, That such costs, including 
     the cost of modifying such loans, shall be as defined in 
     section 502 of the Congressional Budget Act of 1974. In 
     addition, for administrative expenses necessary to carry out 
     the direct loan program, $607,000, which may be transferred 
     to and merged with the Salaries and Expenses account under 
     Administration of Foreign Affairs.

              payment to the american institute in taiwan

       For necessary expenses to carry out the Taiwan Relations 
     Act, Public Law 96-8, $14,750,000.

     payment to the foreign service retirement and disability fund

       For payment to the Foreign Service Retirement and 
     Disability Fund, as authorized by law, $132,500,000.

              International Organizations and Conferences

              contributions to international organizations

       For expenses, not otherwise provided for, necessary to meet 
     annual obligations of membership in international 
     multilateral organizations, pursuant to treaties ratified 
     pursuant to the advice and consent of the Senate, conventions 
     or specific Acts of Congress, $922,000,000: Provided, That 
     any payment of arrearages shall be directed toward special 
     activities that are mutually agreed upon by the United States 
     and the respective international organization: Provided 
     further, That none of the funds appropriated in this 
     paragraph shall be available for a United States contribution 
     to an international organization for the United States share 
     of interest costs made known to the United States Government 
     by such organization for loans incurred on or after October 
     1, 1984, through external borrowings: Provided further, That, 
     of the funds appropriated in this paragraph, $100,000,000 may 
     be made available only on a semi-annual basis pursuant to a 
     certification by the Secretary of State on a semi-annual 
     basis, that the United Nations has taken no action during the 
     preceding 6 months to increase funding for any United Nations 
     program without identifying an offsetting decrease during 
     that 6-month period elsewhere in the United Nations budget 
     and cause the United Nations to exceed the expected reform 
     budget for the biennium 1998-1999 of $2,533,000,000: Provided 
     further, That not to exceed $15,000,000 shall be transferred 
     from funds made available under this heading to the 
     ``International Conferences and Contingencies'' account for 
     United States contributions to the Comprehensive Nuclear Test 
     Ban Treaty Preparatory Commission, except that such 
     transferred funds may be obligated or expended only for 
     Commission meetings and sessions, provisional technical 
     secretariat salaries and expenses, other Commission 
     administrative and training activities, including purchase of 
     training equipment, and upgrades to existing internationally 
     based monitoring systems involved in cooperative data sharing 
     agreements with the United States as of the date of enactment 
     of this Act, until the United States Senate ratifies the 
     Comprehensive Nuclear Test Ban Treaty: Provided further, That 
     notwithstanding section 402 of this Act, not to exceed 
     $1,223,000 may be transferred from the funds made available 
     under this heading to the ``International Conferences and 
     Contingencies'' account for United States contributions to 
     the Comprehensive Nuclear Test Ban Treaty Preparatory 
     Commission, except that such transferred funds may be 
     obligated or expended only for Commission meetings and 
     sessions, provisional technical secretariat salaries and 
     expenses, other Commission administrative and training 
     activities, including purchase of training equipment, and 
     upgrades to existing internationally based monitoring 
     systems involved in cooperative data sharing agreements 
     with the United States as of the date of enactment of this 
     Act, until the United States Senate ratifies the 
     Comprehensive Nuclear Test Ban Treaty: Provided further, 
     That notwithstanding section 402 of this Act, not to 
     exceed $1,223,000 may be transferred from the funds made 
     available under this heading to the ``International 
     Conferences and Contingencies'' account for assessed 
     contributions to new or provisional international 
     organizations or for travel expenses of official delegates 
     to international conferences: Provided further, That any 
     transfer pursuant to the previous proviso shall be treated 
     as a reprogramming of funds under section 605 of this Act 
     and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section: Provided further, That not to exceed $2,000,000 
     shall only be available to establish an international 
     center for response to chemical, biological, and nuclear 
     weapons: Provided further, That funds appropriated under 
     this paragraph may be obligated and expended to pay the 
     full U.S. assessment to the civil budget of the North 
     Atlantic Treaty Organization.

        contributions for international peacekeeping activities

       For necessary expenses to pay assessed and other expenses 
     of international peacekeeping activities directed to the 
     maintenance or restoration of international peace and 
     security, $231,000,000: Provided, That none of the funds made 
     available under this Act shall be obligated or expended for 
     any new or expanded United Nations peacekeeping mission 
     unless, at least 15 days in advance of voting for the new or 
     expanded mission in the United Nations Security Council (or 
     in an emergency, as far in advance as is practicable): (1) 
     the Committees on Appropriations of the House of 
     Representatives and the Senate and other appropriate 
     committees of the Congress are notified of the estimated cost 
     and length of the mission, the vital national interest that 
     will be served, and the planned exit strategy; and (2) a 
     reprogramming of funds pursuant to section 605 of this Act is 
     submitted, and the procedures therein followed, setting forth 
     the source of funds that will be used to pay for the cost of 
     the new or expanded mission: Provided further, That funds 
     shall be available for peacekeeping expenses only upon a 
     certification by the Secretary of State to the appropriate 
     committees of the Congress that American manufacturers and 
     suppliers are being given opportunities to provide equipment, 
     services, and material for United Nations peacekeeping 
     activities equal to those being given to foreign 
     manufacturers and suppliers: Provided further, That none of 
     the funds made available under this heading are available to 
     pay the United States share of the cost of court monitoring 
     that is part of any United Nations peacekeeping mission.


                           arrearage payments

       For an additional amount for payment of arrearages to meet 
     obligations of membership in

[[Page H11070]]

     the United Nations, and to pay assessed expenses of 
     international peacekeeping activities, $475,000,000, to 
     remain available until expended: Provided, That none of the 
     funds appropriated or otherwise made available under this 
     heading for payment of arrearages may be obligated or 
     expended unless such obligation or expenditure is expressly 
     authorized by law: Provided further, That none of the funds 
     appropriated or otherwise made available under this heading 
     for payment of arrearages may be obligated or expended until 
     such time as the share of the total of all assessed 
     contributions for the regular budget of the United Nations 
     does not exceed 22 percent for any single United Nations 
     member, and the share of the budget for each assessed United 
     Nations peacekeeping operation does not exceed 25 percent for 
     any single United Nations member.

                       International Commissions

       For necessary expenses, not otherwise provided for, to meet 
     obligations of the United States arising under treaties, or 
     specific Acts of Congress, as follows:


 international boundary and water commission, united states and mexico

       For necessary expenses for the United States Section of the 
     International Boundary and Water Commission, United States 
     and Mexico, and to comply with laws applicable to the United 
     States Section, including not to exceed $6,000 for 
     representation; as follows:

                         salaries and expenses

       For salaries and expenses, not otherwise provided for, 
     $19,551,000.

                              construction

       For detailed plan preparation and construction of 
     authorized projects, $5,939,000, to remain available until 
     expended, as authorized by section 24(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2696(c)).

              american sections, international commissions

       For necessary expenses, not otherwise provided for the 
     International Joint Commission and the International Boundary 
     Commission, United States and Canada, as authorized by 
     treaties between the United States and Canada or Great 
     Britain, and for the Border Environment Cooperation 
     Commission as authorized by Public Law 103-182, $5,733,000, 
     of which not to exceed $9,000 shall be available for 
     representation expenses incurred by the International Joint 
     Commission.


                  international fisheries commissions

       For necessary expenses for international fisheries 
     commissions, not otherwise provided for, as authorized by 
     law, $14,549,000: Provided, That the United States' share of 
     such expenses may be advanced to the respective commissions, 
     pursuant to 31 U.S.C. 3324.

                                 Other

                     payment to the asia foundation

       For a grant to the Asia Foundation, as authorized by 
     section 501 of Public Law 101-246, $8,250,000, to remain 
     available until expended, as authorized by section 24(c) of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2696(c)).

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency

                arms control and disarmament activities

       For necessary expenses not otherwise provided, for arms 
     control, nonproliferation, and disarmament activities, 
     $41,500,000, of which not to exceed $50,000 shall be for 
     official reception and representation expenses as authorized 
     by the Act of September 26, 1961, as amended (22 U.S.C. 2551 
     et seq.).

                    United States Information Agency

                   international information programs

       For expenses, not otherwise provided for, necessary to 
     enable the United States Information Agency, as authorized by 
     the Mutual Educational and Cultural Exchange Act of 1961, as 
     amended (22 U.S.C. 2451 et seq.), the United States 
     Information and Educational Exchange Act of 1948, as amended 
     (22 U.S.C. 1431 et seq.), and Reorganization Plan No. 2 of 
     1977 (91 Stat. 1636), to carry out international 
     communication, educational and cultural activities; and to 
     carry out related activities authorized by law, including 
     employment, without regard to civil service and 
     classification laws, of persons on a temporary basis (not 
     to exceed $700,000 of this appropriation), as authorized 
     by section 801 of such Act of 1948 (22 U.S.C. 1471), and 
     entertainment, including official receptions, within the 
     United States, not to exceed $25,000 as authorized by 
     section 804(3) of such Act of 1948 (22 U.S.C. 1474(3)), 
     $455,246,000: Provided, That not to exceed $1,400,000 may 
     be used for representation abroad as authorized by section 
     302 of such Act of 1948 (22 U.S.C. 1452) and section 905 
     of the Foreign Service Act of 1980 (22 U.S.C. 4085): 
     Provided further, That not to exceed $6,000,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or 
     in connection with English teaching, library, motion 
     pictures, and publication programs as authorized by 
     section 810 of such Act of 1948 (22 U.S.C. 1475e) and, 
     notwithstanding any other law, fees from educational 
     advising and counseling, and exchange visitor program 
     services: Provided further, That not to exceed $920,000, 
     to remain available until expended, may be used to carry 
     out projects involving security construction and related 
     improvements for agency facilities not physically located 
     together with Department of State facilities abroad.


               educational and cultural exchange programs

       For expenses of educational and cultural exchange programs, 
     as authorized by the Mutual Educational and Cultural Exchange 
     Act of 1961, as amended (22 U.S.C. 2451 et seq.), and 
     Reorganization Plan No. 2 of 1977 (91 Stat. 1636), 
     $202,500,000, to remain available until expended as 
     authorized by section 105 of such Act of 1961 (22 U.S.C. 
     2455): Provided, That not to exceed $800,000, to remain 
     available until expended, may be credited to this 
     appropriation from fees or other payments received from or in 
     connection with English teaching and publication programs as 
     authorized by section 810 of the United States Information 
     and Educational Exchange Act of 1948 (22 U.S.C. 1475e) and, 
     notwithstanding any other provision of law, fees from 
     educational advising and counseling: Provided further, That 
     notwithstanding section 402 of this Act, not to exceed 
     $2,000,000 may be transferred from the funds made available 
     under this heading to the ``Technology Fund'' account.


           eisenhower exchange fellowship program trust fund

       For necessary expenses of Eisenhower Exchange Fellowships, 
     Incorporated, as authorized by sections 4 and 5 of the 
     Eisenhower Exchange Fellowship Act of 1990 (20 U.S.C. 5204-
     5205), all interest and earnings accruing to the 
     Eisenhower Exchange Fellowship Program Trust Fund on or 
     before September 30, 1999, to remain available until 
     expended: Provided, That none of the funds appropriated 
     herein shall be used to pay any salary or other 
     compensation, or to enter into any contract providing for 
     the payment thereof, in excess of the rate authorized by 5 
     U.S.C. 5376; or for purposes which are not in accordance 
     with OMB Circulars A-110 (Uniform Administrative 
     Requirements) and A-122 (Cost Principles for Non-profit 
     Organizations), including the restrictions on compensation 
     for personal services.


                    israeli arab scholarship program

       For necessary expenses of the Israeli Arab Scholarship 
     Program as authorized by section 214 of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 
     2452), all interest and earnings accruing to the Israeli Arab 
     Scholarship Fund on or before September 30, 1999, to remain 
     available until expended.


                 international broadcasting operations

       For expenses necessary to enable the United States 
     Information Agency, as authorized by the United States 
     Information and Educational Exchange Act of 1948, as amended, 
     the United States International Broadcasting Act of 1994, as 
     amended, and Reorganization Plan No. 2 of 1977, to carry out 
     international communication activities, $362,365,000, of 
     which not to exceed $16,000 may be used for official 
     receptions within the United States as authorized by section 
     804(3) of such Act of 1948 (22 U.S.C. 1747(3)), not to exceed 
     $35,000 may be used for representation abroad as authorized 
     by section 302 of such Act of 1948 (22 U.S.C. 1452) and 
     section 905 of the Foreign Service Act of 1980 (22 U.S.C. 
     4085), and not to exceed $39,000 may be used for official 
     reception and representation expenses of Radio Free Europe/
     Radio Liberty; and in addition, notwithstanding any other 
     provision of law, not to exceed $2,000,000 in receipts from 
     advertising and revenue from business ventures, not to exceed 
     $500,000 in receipts from cooperating international 
     organizations, and not to exceed $1,000,000 in receipts from 
     privatization efforts of the Voice of America and the 
     International Broadcasting Bureau, to remain available until 
     expended for carrying out authorized purposes.


                          broadcasting to cuba

       For expenses necessary to enable the United States 
     Information Agency to carry out the Radio Broadcasting to 
     Cuba Act, as amended, the Television Broadcasting to Cuba 
     Act, and the International Broadcasting Act of 1994, 
     including the purchase, rent, construction, and improvement 
     of facilities for radio and television transmission and 
     reception, and purchase and installation of necessary 
     equipment for radio and television transmission and 
     reception, $22,095,000, to remain available until expended.


                           radio construction

       For the purchase, rent, construction, and improvement of 
     facilities for radio transmission and reception, and purchase 
     and installation of necessary equipment for radio and 
     television transmission and reception as authorized by 
     section 801 of the United States Information and Educational 
     Exchange Act of 1948 (22 U.S.C. 1471), $13,245,000, to remain 
     available until expended, as authorized by section 704(a) of 
     such Act of 1948 (22 U.S.C. 1477b(a)).


                            east-west center

       To enable the Director of the United States Information 
     Agency to provide for carrying out the provisions of the 
     Center for Cultural and Technical Interchange Between East 
     and West Act of 1960 (22 U.S.C. 2054-2057), by grant to the 
     Center for Cultural and Technical Interchange Between East 
     and West in the State of Hawaii, $12,500,000: Provided, That 
     none of the funds appropriated herein shall be used to pay 
     any salary, or enter into any contract providing for the 
     payment thereof, in excess of the rate authorized by 5 U.S.C. 
     5376.


                           north/south center

       To enable the Director of the United States Information 
     Agency to provide for carrying out the provisions of the 
     North/South Center Act of 1991 (22 U.S.C. 2075), by grant 
     to an educational institution in Florida known as the 
     North/South Center, $1,750,000, to remain available until 
     expended.

                    national endowment for democracy

       For grants made by the United States Information Agency to 
     the National Endowment for Democracy as authorized by the 
     National Endowment for Democracy Act, $31,000,000, to remain 
     available until expended.

      General Provisions--Department of State and Related Agencies

       Sec. 401. Funds appropriated under this title shall be 
     available, except as otherwise provided, for allowances and 
     differentials as authorized

[[Page H11071]]

     by subchapter 59 of title 5, United States Code; for services 
     as authorized by 5 U.S.C. 3109; and hire of passenger 
     transportation pursuant to 31 U.S.C. 1343(b).
       Sec. 402. Not to exceed 5 percent of any appropriation made 
     available for the current fiscal year for the Department of 
     State in this Act may be transferred between such 
     appropriations, but no such appropriation, except as 
     otherwise specifically provided, shall be increased by more 
     than 10 percent by any such transfers: Provided, That not to 
     exceed 5 percent of any appropriation made available for the 
     current fiscal year for the United States Information Agency 
     in this Act may be transferred between such appropriations, 
     but no such appropriation, except as otherwise specifically 
     provided, shall be increased by more than 10 percent by any 
     such transfers: Provided further, That any transfer pursuant 
     to this section shall be treated as a reprogramming of funds 
     under section 605 of this Act and shall not be available for 
     obligation or expenditure except in compliance with the 
     procedures set forth in that section.
       Sec. 403. (a) An employee who regularly commutes from his 
     or her place of residence in the continental United States to 
     an official duty station in Canada or Mexico shall receive a 
     border equalization adjustment equal to the amount of 
     comparability payments under section 5304 of title 5, United 
     States Code, that he or she would receive if assigned to an 
     official duty station within the United States locality pay 
     area closest to the employee's official duty station.
       (b) For purposes of this section, the term ``employee'' 
     shall mean a person who--
       (1) is an ``employee'' as defined under section 2105 of 
     title 5, United States Code; and
       (2) is employed by the United States Department of State, 
     the United States Information Agency, the United States 
     Agency for International Development, or the International 
     Joint Commission, except that the term shall not include 
     members of the Foreign Service as defined by section 103 of 
     the Foreign Service Act of 1980 (Public Law 96-465), section 
     3903 of title 22, United States Code.
       (c) An equalization adjustment payable under this section 
     shall be considered basic pay for the same purposes as are 
     comparability payments under section 5304 of title 5, United 
     States Code, and its implementing regulations.
       (d) The agencies referenced in subsection (c)(2) are 
     authorized to promulgate regulations to carry out the 
     purposes of this section.
       Sec. 404. (a) Section 6(4) of the Japan-United States 
     Friendship Act (22 U.S.C. 2905(4)) is amended by striking 
     ``needed, except'' and all that follows through ``United 
     States'' and inserting ``needed''.
       (b) The second sentence of section 7(b) of the Japan-United 
     States Friendship Act (22 U.S.C. 2906(b)) is amended to read 
     as follows: ``Such investment may be made only in interest-
     bearing obligations of the United States, in obligations 
     guaranteed as to both principal and interest by the United 
     States, in interest-bearing obligations of Japan, or in 
     obligations guaranteed as to both principal and interest by 
     Japan.''.
       Sec. 405. The Director of the United States Information 
     Agency is authorized to administer summer travel and work 
     programs without regard to preplacement requirements.
       Sec. 406. Section 12 of the International Organizations 
     Immunities Act (22 U.S.C. 288f-2) is amended by inserting 
     ``and the United Nations Industrial Development 
     Organization'' after ``International Labor Organization''.
       Sec. 407. (a) Section 5545a of title 5, United States Code, 
     is amended by adding at the end the following:
       ``(k)(1) For purposes of this section, the term `criminal 
     investigator' includes a special agent occupying a position 
     under title II of Public Law 99-399 if such special agent--
       ``(A) meets the definition of such term under paragraph (2) 
     of subsection (a) (applied disregarding the parenthetical 
     matter before subparagraph (A) thereof); and
       ``(B) such special agent satisfies the requirements of 
     subsection (d) without taking into account any hours 
     described in paragraph (2)(B) thereof.
       ``(2) In applying subsection (h) with respect to a special 
     agent under this subsection--
       ``(A) any reference in such subsection to `basic pay' shall 
     be considered to include amounts designated as `salary';
       ``(B) paragraph (2)(A) of such subsection shall be 
     considered to include (in addition to the provisions of law 
     specified therein) sections 609(b)(1), 805, 806, and 856 of 
     the Foreign Service Act of 1980; and
       ``(C) paragraph (2)(B) of such subsection shall be applied 
     by substituting for `Office of Personnel Management' the 
     following: `Office of Personnel Management or the Secretary 
     of State (to the extent that matters exclusively within the 
     jurisdiction of the Secretary are concerned)'.''.
       (b) Not later than the date on which the amendments made by 
     this section take effect, each special agent of the 
     Diplomatic Security Service who satisfies the requirements of 
     subsection (k)(1) of section 5545a of title 5, United States 
     Code, as amended by this section, and the appropriate 
     supervisory officer, to be designated by the Secretary of 
     State, shall make an initial certification to the Secretary 
     of State that the special agent is expected to meet the 
     requirements of subsection (d) of such section 5545a. The 
     Secretary of State may prescribe procedures necessary to 
     administer this subsection.
       (c)(1) Paragraph (2) of section 5545a(a) of title 5, United 
     States Code, is amended (in the matter before subparagraph 
     (A)) by striking ``Public Law 99-399)'' and inserting 
     ``Public Law 99-399, subject to subsection (k))''.
       (2) Section 5542(e) of such title is amended by striking 
     ``title 18, United States Code,'' and inserting ``title 18 or 
     section 37(a)(3) of the State Department Basic Authorities 
     Act of 1956,''.
       (d) The amendments made by this section shall take effect 
     on the first day of the first applicable pay period--
       (1) which begins on or after the 90th day following the 
     date of the enactment of this Act; and
       (2) on which date all regulations necessary to carry out 
     such amendments are (in the judgment of the Director of the 
     Office of Personnel Management and the Secretary of State) in 
     effect.
       Sec. 408. None of the funds made available in this Act may 
     be used by the Department of State or the United States 
     Information Agency to provide equipment, technical support, 
     consulting services, or any other form of assistance to the 
     Palestinian Broadcasting Corporation.
       Sec. 409. During the current fiscal year and hereafter, the 
     Secretary of State shall have discretionary authority to pay 
     tort claims in the manner authorized by section 2672 of title 
     28, United States Code, when such claims arise in foreign 
     countries in connection with the overseas operations of the 
     Department of State.
       Sec. 410. (a)(1)(A) Notwithstanding any other provision of 
     law and subject to subparagraph (B), the Secretary of State 
     and the Attorney General shall impose, for the processing of 
     any application for the issuance of a machine readable 
     combined border crossing card and nonimmigrant visa under 
     section 101(a)(15)(B) of the Immigration and Nationality Act, 
     a fee of $13 (for recovery of the costs of manufacturing the 
     combined card and visa) in the case of any alien under 15 
     years of age where the application for the machine readable 
     combined border crossing card and nonimmigrant visa is made 
     in Mexico by a citizen of Mexico who has at least one parent 
     or guardian who has a visa under such section or is applying 
     for a machine readable combined border crossing card and 
     nonimmigrant visa under such section as well.
       (B) The Secretary of State and the Attorney General may not 
     commence implementation of the requirement in subparagraph 
     (A) until the later of--
       (i) the date that is 6 months after the date of enactment 
     of this Act; or
       (ii) the date on which the Secretary sets the amount of the 
     fee or surcharge in accordance with paragraph (3).
       (2)(A) Except as provided in subparagraph (B), if the fee 
     for a machine readable combined border crossing card and 
     nonimmigrant visa issued under section 101(a)(15)(B) of the 
     Immigration and Nationality Act has been reduced under 
     paragraph (1) for a child under 15 years of age, the machine 
     readable combined border crossing card and nonimmigrant visa 
     shall be issued to expire on the earlier of--
       (i) the date on which the child attains the age of 15; or
       (ii) ten years after its date of issue.
       (B) At the request of the parent or guardian of any alien 
     under 15 years of age otherwise covered by subparagraph (A), 
     the Secretary of State and the Attorney General may charge 
     the non-reduced fee for the processing of an application for 
     the issuance of a machine readable combined border crossing 
     card and nonimmigrant visa under section 101(a)(15)(B) of the 
     Immigration and Nationality Act provided that the machine 
     readable combined border crossing card and nonimmigrant visa 
     is issued to expire as of the same date as is usually 
     provided for visas issued under that section.
       (3) Notwithstanding any other provision of law, the 
     Secretary of State shall set the amount of the fee or 
     surcharge authorized pursuant to section 140(a) of the 
     Foreign Relations Authorization Act, Fiscal Years 1994 and 
     1995 (Public Law 103-236; 8 U.S.C. 1351 note) for the 
     processing of machine readable nonimmigrant visas and machine 
     readable combined border crossing cards and nonimmigrant 
     visas at a level that will ensure the full recovery by the 
     Department of State of the costs of processing such machine 
     readable nonimmigrant visas and machine readable combined 
     border crossing cards and nonimmigrant visas, including the 
     costs of processing the machine readable combined border 
     crossing cards and nonimmigrant visas for which the fee is 
     reduced pursuant to this subsection.
       (b) The Secretary of State shall continue, until the date 
     that is 5 years after the date of the enactment of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1101 note et seq.), to process applications 
     for visas under section 101(a)(15)(B) of the Immigration and 
     Nationality Act at the following cities in Mexico located 
     near the international border with the United States: 
     Nogales, Nuevo Laredo, Ciudad Acuna, Piedras Negras, Agua 
     Prieta, and Reynosa.
       (c) Section 104(b)(2) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1101 note) is 
     amended by striking ``3 years'' and inserting ``5 years''.
       Sec. 411. Funds appropriated by this Act for the United 
     States Information Agency, the Arms Control and Disarmament 
     Agency, and the Department of State may be obligated and 
     expended notwithstanding section 701 of the United States 
     Information and Educational Exchange Act of 1948 and section 
     313 of the Foreign Relations Authorization Act, Fiscal Years 
     1994 and 1995, section 53 of the Arms Control and Disarmament 
     Act, and section 15 of the State Department Basic Authorities 
     Act of 1956.
       This title may be cited as the ``Department of State and 
     Related Agencies Appropriations Act, 1999''.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration

                       maritime security program

       For necessary expenses to maintain and preserve a U.S.-flag 
     merchant fleet to serve the national security needs of the 
     United States, $89,650,000, to remain available until 
     expended.

                        operations and training

       For necessary expenses of operations and training 
     activities authorized by law, $69,303,000.

[[Page H11072]]

          maritime guaranteed loan (title xi) program account

       For the cost of guaranteed loans, as authorized by the 
     Merchant Marine Act, 1936, $6,000,000, to remain available 
     until expended: Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974, as amended: Provided 
     further, That these funds are available to subsidize total 
     loan principal, any part of which is to be guaranteed, not to 
     exceed $1,000,000,000.
       In addition, for administrative expenses to carry out the 
     guaranteed loan program, not to exceed $3,725,000, which 
     shall be transferred to and merged with the appropriation for 
     Operations and Training.

           administrative provisions--maritime administration

       Notwithstanding any other provision of this Act, the 
     Maritime Administration is authorized to furnish utilities 
     and services and make necessary repairs in connection with 
     any lease, contract, or occupancy involving Government 
     property under control of the Maritime Administration, and 
     payments received therefore shall be credited to the 
     appropriation charged with the cost thereof: Provided, That 
     rental payments under any such lease, contract, or occupancy 
     for items other than such utilities, services, or repairs 
     shall be covered into the Treasury as miscellaneous receipts.
       No obligations shall be incurred during the current fiscal 
     year from the construction fund established by the Merchant 
     Marine Act, 1936, or otherwise, in excess of the 
     appropriations and limitations contained in this Act or in 
     any prior appropriation Act, and all receipts which otherwise 
     would be deposited to the credit of said fund shall be 
     covered into the Treasury as miscellaneous receipts.

      Commission for the Preservation of America's Heritage Abroad

                         salaries and expenses

       For expenses for the Commission for the Preservation of 
     America's Heritage Abroad, $265,000, as authorized by section 
     1303 of Public Law 99-83.

                       Commission on Civil Rights

                         salaries and expenses

       For necessary expenses of the Commission on Civil Rights, 
     including hire of passenger motor vehicles, $8,900,000: 
     Provided, That not to exceed $50,000 may be used to employ 
     consultants: Provided further, That none of the funds 
     appropriated in this paragraph shall be used to employ in 
     excess of 4 full-time individuals under Schedule C of the 
     Excepted Service exclusive of 1 special assistant for each 
     Commissioner: Provided further, That none of the funds 
     appropriated in this paragraph shall be used to reimburse 
     Commissioners for more than 75 billable days, with the 
     exception of the chairperson who is permitted 125 billable 
     days.

            Commission on Security and Cooperation In Europe

                         salaries and expenses

       For necessary expenses of the Commission on Security and 
     Cooperation in Europe, as authorized by Public Law 94-304, 
     $1,170,000, to remain available until expended as authorized 
     by section 3 of Public Law 99-7.

                Equal Employment Opportunity Commission

                         salaries and expenses

       For necessary expenses of the Equal Employment Opportunity 
     Commission as authorized by title VII of the Civil Rights Act 
     of 1964, as amended (29 U.S.C. 206(d) and 621-634), the 
     Americans with Disabilities Act of 1990, and the Civil Rights 
     Act of 1991, including services as authorized by 5 U.S.C. 
     3109; hire of passenger motor vehicles as authorized by 31 
     U.S.C. 1343(b); non-monetary awards to private citizens; and 
     not to exceed $29,000,000 for payments to State and local 
     enforcement agencies for services to the Commission pursuant 
     to title VII of the Civil Rights Act of 1964, as amended, 
     sections 6 and 14 of the Age Discrimination in Employment 
     Act, the Americans with Disabilities Act of 1990, and the 
     Civil Rights Act of 1991, $279,000,000: Provided, That the 
     Commission is authorized to make available for official 
     reception and representation expenses not to exceed $2,500 
     from available funds.

                   Federal Communications Commission

                         salaries and expenses

       For necessary expenses of the Federal Communications 
     Commission, as authorized by law, including uniforms and 
     allowances therefor, as authorized by 5 U.S.C. 5901-02; not 
     to exceed $600,000 for land and structure; not to exceed 
     $500,000 for improvement and care of grounds and repair to 
     buildings; not to exceed $4,000 for official reception and 
     representation expenses; purchase (not to exceed 16) and hire 
     of motor vehicles; special counsel fees; and services as 
     authorized by 5 U.S.C. 3109, $192,000,000, of which not to 
     exceed $300,000 shall remain available until September 30, 
     2000, for research and policy studies: Provided, That 
     $172,523,000 of offsetting collections shall be assessed and 
     collected pursuant to section 9 of title I of the 
     Communications Act of 1934, as amended, and shall be retained 
     and used for necessary expenses in this appropriation, and 
     shall remain available until expended: Provided further, That 
     the sum herein appropriated shall be reduced as such 
     offsetting collections are received during fiscal year 1999 
     so as to result in a final fiscal year 1999 appropriation 
     estimated at $19,477,000: Provided further, That any 
     offsetting collections received in excess of $172,523,000 in 
     fiscal year 1999 shall remain available until expended, but 
     shall not be available for obligation until October 1, 1999.

                      Federal Maritime Commission

                         salaries and expenses

       For necessary expenses of the Federal Maritime Commission 
     as authorized by section 201(d) of the Merchant Marine Act, 
     1936, as amended (46 U.S.C. App. 1111), including services as 
     authorized by 5 U.S.C. 3109; hire of passenger motor vehicles 
     as authorized by 31 U.S.C. 1343(b); and uniforms or 
     allowances therefor, as authorized by 5 U.S.C. 5901-02, 
     $14,150,000: Provided, That not to exceed $2,000 shall be 
     available for official reception and representation expenses.

                        Federal Trade Commission

                         salaries and expenses

       For necessary expenses of the Federal Trade Commission, 
     including uniforms or allowances therefor, as authorized by 5 
     U.S.C. 5901-5902; services as authorized by 5 U.S.C. 3109; 
     hire of passenger motor vehicles; and not to exceed $2,000 
     for official reception and representation expenses, 
     $86,679,000: Provided, That not to exceed $300,000 shall be 
     available for use to contract with a person or persons for 
     collection services in accordance with the terms of 31 U.S.C. 
     3718, as amended: Provided further, That, notwithstanding any 
     other provision of law, not to exceed $76,500,000 of 
     offsetting collections derived from fees collected for 
     premerger notification filings under the Hart-Scott-Rodino 
     Antitrust Improvements Act of 1976 (15 U.S.C. 18(a)) shall be 
     retained and used for necessary expenses in this 
     appropriation, and shall remain available until expended: 
     Provided further, That the sum herein appropriated from the 
     General Fund shall be reduced as such offsetting collections 
     are received during fiscal year 1999, so as to result in a 
     final fiscal year 1999 appropriation from the General Fund 
     estimated at not more than $10,179,000, to remain available 
     until expended: Provided further, That none of the funds made 
     available to the Federal Trade Commission shall be available 
     for obligation for expenses authorized by section 151 of the 
     Federal Deposit Insurance Corporation Improvement Act of 1991 
     (Public Law 102-242, 105 Stat. 2282-2285).

                       Legal Services Corporation


               payment to the legal services corporation

       For payment to the Legal Services Corporation to carry out 
     the purposes of the Legal Services Corporation Act of 1974, 
     as amended, $300,000,000, of which $289,000,000 is for basic 
     field programs and required independent audits; $2,015,000 is 
     for the Office of Inspector General, of which such amounts as 
     may be necessary may be used to conduct additional audits of 
     recipients; and $8,985,000 is for management and 
     administration.

          administrative provision--legal services corporation

       None of the funds appropriated in this Act to the Legal 
     Services Corporation shall be expended for any purpose 
     prohibited or limited by, or contrary to any of the 
     provisions of, sections 501, 502, 503, 504, 505, and 506 of 
     Public Law 105-119, and all funds appropriated in this Act to 
     the Legal Services Corporation shall be subject to the same 
     terms and conditions set forth in such sections, except that 
     all references in sections 502 and 503 to 1997 and 1998 shall 
     be deemed to refer instead to 1998 and 1999, respectively.

                        Marine Mammal Commission

                         salaries and expenses

       For necessary expenses of the Marine Mammal Commission as 
     authorized by title II of Public Law 92-522, as amended, 
     $1,240,000.

                       Commission on Ocean Policy


                         Salaries and Expenses

       For the necessary expenses of the Commission on Ocean 
     Policy, $3,500,000, to remain available until expended: 
     Provided, That the funds provided in this Act for the 
     Commission on Ocean Policy shall become available only upon 
     the enactment of authorizing legislation.

                   Securities and Exchange Commission

                         salaries and expenses

       For necessary expenses for the Securities and Exchange 
     Commission, including services as authorized by 5 U.S.C. 
     3109, the rental of space (to include multiple year leases) 
     in the District of Columbia and elsewhere, and not to exceed 
     $3,000 for official reception and representation expenses, 
     $23,000,000; and, in addition, to remain available until 
     expended, from fees collected in fiscal year 1998, 
     $87,000,000, and from fees collected in fiscal year 1999, 
     $214,000,000; of which not to exceed $10,000 may be used 
     toward funding a permanent secretariat for the International 
     Organization of Securities Commissions; and of which not to 
     exceed $100,000 shall be available for expenses for 
     consultations and meetings hosted by the Commission with 
     foreign governmental and other regulatory officials, members 
     of their delegations, appropriate representatives and staff 
     to exchange views concerning developments relating to 
     securities matters, development and implementation of 
     cooperation agreements concerning securities matters and 
     provision of technical assistance for the development of 
     foreign securities markets, such expenses to include 
     necessary logistic and administrative expenses and the 
     expenses of Commission staff and foreign invitees in 
     attendance at such consultations and meetings including: (1) 
     such incidental expenses as meals taken in the course of such 
     attendance; (2) any travel and transportation to or from such 
     meetings; and (3) any other related lodging or subsistence: 
     Provided, That fees and charges authorized by sections 
     6(b)(4) of the Securities Act of 1933 (15 U.S.C. 77f(b)(4)) 
     and 31(d) of the Securities Exchange Act of 1934 (15 U.S.C. 
     78ee(d)) shall be credited to this account as offsetting 
     collections.

                     Small Business Administration


                         salaries and expenses

       For necessary expenses, not otherwise provided for, of the 
     Small Business Administration

[[Page H11073]]

     as authorized by Public Law 103-403, including hire of 
     passenger motor vehicles as authorized by 31 U.S.C. 1343 and 
     1344, and not to exceed $3,500 for official reception and 
     representation expenses, $288,300,000, of which: $3,500,000 
     shall be available for a grant to the NTTC at Wheeling Jesuit 
     University to continue the outreach program to assist small 
     business development; $4,000,000 shall be available for a 
     grant for Western Carolina University to develop a facility 
     to assist in small business and rural economic development; 
     $2,000,000 shall be available for a grant for the City of 
     Hazard, Kentucky for a Center for Rural Law Enforcement 
     Technology and Training; $1,500,000 shall be available for a 
     grant to the State University of New York to develop a 
     facility and operate the Institute of Entrepreneurship for 
     small business and workforce development; $1,500,000 shall be 
     available for a grant for Pikeville College for a 
     telemedicine learning and resource center; $1,000,000 shall 
     be available for a grant for the Center for Excellence in 
     Marine Science Education at Southampton College; $1,000,000 
     shall be for a grant to King's College in Wilkes-Barre, 
     Pennsylvania, for the commercialization of pulverization 
     technologies; $850,000 shall be available for a grant for the 
     Carbondale Technology Transfer Center in Lackawanna County, 
     Pennsylvania; $1,000,000 shall be available for a grant for 
     the Institute for Software Research in Fairmont, West 
     Virginia, for Institute operations and to further develop 
     their capability to perform basic and applied research aimed 
     at software engineering, biometrics, image processing and 
     networks; $500,000 shall be available for a grant for the 
     Altoona Science and Technology Research Academy in Altoona, 
     Pennsylvania; $200,000 shall be available for a grant to the 
     City of Prestonburg, Kentucky for a regional arts and tourism 
     center; $300,000 shall be available for a grant for the City 
     of Parkersburg, West Virginia for infrastructure 
     improvements, facility upgrades, and property acquisition 
     associated with community non-profit service and enrichment 
     projects; $200,000 shall be available for the Vandalia 
     Heritage Foundation to fulfill its charter purposes; 
     $1,000,000 shall be available for a grant for the Moundsville 
     Economic Development Council to work in conjunction with the 
     Office of Law Enforcement Technology Commercialization for 
     the establishment of the National Corrections and Law 
     Enforcement Training and Technology Center, and for 
     infrastructure improvements associated with this initiative; 
     and $250,000 shall be available for a grant for the Johnstown 
     Area Regional Industries Defense Procurement Center to 
     establish a Year 2000 challenge grant program to assist 
     small businesses that rely heavily on the Federal 
     Government's acquisition system for their livelihood, and 
     help provide a solution to the Year 2000 computer problem: 
     Provided, That the Administrator is authorized to charge 
     fees to cover the cost of publications developed by the 
     Small Business Administration, and certain loan servicing 
     activities: Provided further, That, notwithstanding 31 
     U.S.C. 3302, revenues received from all such activities 
     shall be credited to this account, to be available for 
     carrying out these purposes without further 
     appropriations: Provided further, That $82,000,000 shall 
     be available to fund grants for performance in fiscal year 
     1999 or fiscal year 2000 as authorized by section 21 of 
     the Small Business Act, as amended.

                      office of inspector general

       For necessary expenses of the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended (5 U.S.C. App.), $10,800,000.

                     business loans program account

       For the cost of direct loans, $2,200,000, to be available 
     until expended; and for the cost of guaranteed loans, 
     $128,030,000, as authorized by 15 U.S.C. 631 note, of which 
     $45,000,000 shall remain available until September 30, 2000: 
     Provided, That such costs, including the cost of modifying 
     such loans, shall be as defined in section 502 of the 
     Congressional Budget Act of 1974, as amended: Provided 
     further, That of the funds previously made available under 
     Public Law 105-135, section 507(g), for the Delta Loan 
     program, up to $20,000,000 may be transferred to and merged 
     with the appropriations for salaries and expenses: Provided 
     further, That during fiscal year 1999, commitments to 
     guarantee loans under section 503 of the Small Business 
     Investment Act of 1958, as amended, shall not exceed the 
     amount of financings authorized under section 20(d)(1)(B)(ii) 
     of the Small Business Act, as amended: Provided further, That 
     during fiscal year 1999, commitments for general business 
     loans authorized under section 7(a) of the Small Business 
     Act, as amended, shall not exceed $10,000,000,000 without 
     prior notification of the Committees on Appropriations of the 
     House of Representatives and Senate in accordance with 
     section 605 of this Act.
        In addition, for administrative expenses to carry out the 
     direct and guaranteed loan programs, $94,000,000, which may 
     be transferred to and merged with the appropriations for 
     Salaries and Expenses.

                     disaster loans program account

       For the cost of direct loans authorized by section 7(b) of 
     the Small Business Act, as amended, $76,329,000, to remain 
     available until expended: Provided, That such costs, 
     including the cost of modifying such loans, shall be as 
     defined in section 502 of the Congressional Budget Act of 
     1974, as amended.
       In addition, for administrative expenses to carry out the 
     direct loan program, $116,000,000, which may be transferred 
     to and merged with appropriations for Salaries and Expenses, 
     including $500,000 for the Office of Inspector General of the 
     Small Business Administration for audits and reviews of 
     disaster loans and the disaster loan program, and said sums 
     shall be transferred to and merged with appropriations for 
     the Office of Inspector General.


                 surety bond guarantees revolving fund

       For additional capital for the ``Surety Bond Guarantees 
     Revolving Fund'', authorized by the Small Business Investment 
     Act, as amended, $3,300,000, to remain available without 
     fiscal year limitation as authorized by 15 U.S.C. 631 note.


        administrative provision--small business administration

       Not to exceed 5 percent of any appropriation made available 
     for the current fiscal year for the Small Business 
     Administration in this Act may be transferred between such 
     appropriations, but no such appropriation shall be increased 
     by more than 10 percent by any such transfers: Provided, That 
     any transfer pursuant to this paragraph shall be treated as a 
     reprogramming of funds under section 605 of this Act and 
     shall not be available for obligation or expenditure except 
     in compliance with the procedures set forth in that section.

                        State Justice Institute


                         salaries and expenses

       For necessary expenses of the State Justice Institute, as 
     authorized by the State Justice Institute Authorization Act 
     of 1992 (Public Law 102-572 (106 Stat. 4515-4516)), 
     $6,850,000, to remain available until expended: Provided, 
     That not to exceed $2,500 shall be available for official 
     reception and representation expenses.

                      TITLE VI--GENERAL PROVISIONS

       Sec. 601. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes not 
     authorized by the Congress.
       Sec. 602. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 603. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive order issued pursuant to existing law.
       Sec. 604. If any provision of this Act or the application 
     of such provision to any person or circumstances shall be 
     held invalid, the remainder of the Act and the application of 
     each provision to persons or circumstances other than those 
     as to which it is held invalid shall not be affected thereby.
       Sec. 605. (a) None of the funds provided under this Act, or 
     provided under previous appropriations Acts to the agencies 
     funded by this Act that remain available for obligation or 
     expenditure in fiscal year 1999, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure through 
     a reprogramming of funds which: (1) creates new programs; (2) 
     eliminates a program, project, or activity; (3) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (4) relocates 
     an office or employees; (5) reorganizes offices, programs, or 
     activities; or (6) contracts out or privatizes any functions, 
     or activities presently performed by Federal employees; 
     unless the Appropriations Committees of both Houses of 
     Congress are notified 15 days in advance of such 
     reprogramming of funds.
        (b) None of the funds provided under this Act, or provided 
     under previous appropriations Acts to the agencies funded by 
     this Act that remain available for obligation or expenditure 
     in fiscal year 1999, or provided from any accounts in the 
     Treasury of the United States derived by the collection of 
     fees available to the agencies funded by this Act, shall be 
     available for obligation or expenditure for activities, 
     programs, or projects through a reprogramming of funds in 
     excess of $500,000 or 10 percent, whichever is less, that: 
     (1) augments existing programs, projects, or activities; (2) 
     reduces by 10 percent funding for any existing program, 
     project, or activity, or numbers of personnel by 10 percent 
     as approved by Congress; or (3) results from any general 
     savings from a reduction in personnel which would result in a 
     change in existing programs, activities, or projects as 
     approved by Congress; unless the Appropriations Committees of 
     both Houses of Congress are notified 15 days in advance of 
     such reprogramming of funds.
       Sec. 606. None of the funds made available in this Act may 
     be used for the construction, repair (other than emergency 
     repair), overhaul, conversion, or modernization  of vessels 
     for the National Oceanic and Atmospheric Administration in 
     shipyards located outside of the United States.
       Sec. 607. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility

[[Page H11074]]

     procedures described in sections 9.400 through 9.409 of title 
     48, Code of Federal Regulations.
       Sec. 608. None of the funds made available in this Act may 
     be used to implement, administer, or enforce any guidelines 
     of the Equal Employment Opportunity Commission covering 
     harassment based on religion, when it is made known to the 
     Federal entity or official to which such funds are made 
     available that such guidelines do not differ in any respect 
     from the proposed guidelines published by the Commission on 
     October 1, 1993 (58 Fed. Reg. 51266).
       Sec. 609. None of the funds appropriated or otherwise made 
     available by this Act may be obligated or expended to pay for 
     any cost incurred for: (1) opening or operating any United 
     States diplomatic or consular post in the Socialist Republic 
     of Vietnam that was not operating on July 11, 1995; (2) 
     expanding any United States diplomatic or consular post in 
     the Socialist Republic of Vietnam that was operating on July 
     11, 1995; or (3) increasing the total number of personnel 
     assigned to United States diplomatic or consular posts in the 
     Socialist Republic of Vietnam above the levels existing on 
     July 11, 1995; unless the President certifies within 60 days 
     the following:
       (A) Based upon all information available to the United 
     States Government, the Government of the Socialist Republic 
     of Vietnam is fully cooperating in good faith with the United 
     States in the following:
       (i) Resolving discrepancy cases, live sightings, and field 
     activities.
       (ii) Recovering and repatriating American remains.
       (iii) Accelerating efforts to provide documents that will 
     help lead to fullest possible accounting of prisoners of war 
     and missing in action.
       (iv) Providing further assistance in implementing 
     trilateral investigations with Laos.
       (B) The remains, artifacts, eyewitness accounts, archival 
     material, and other evidence associated with prisoners of war 
     and missing in action recovered from crash sites, military 
     actions, and other locations in Southeast Asia are being 
     thoroughly analyzed by the appropriate laboratories with the 
     intent of providing surviving relatives with scientifically 
     defensible, legal determinations of death or other 
     accountability that are fully documented and available in 
     unclassified and unredacted form to immediate family members.
       Sec. 610. None of the funds made available by this Act may 
     be used for any United Nations undertaking when it is made 
     known to the Federal official having authority to obligate or 
     expend such funds: (1) that the United Nations undertaking is 
     a peacekeeping mission; (2) that such undertaking will 
     involve United States Armed Forces under the command or 
     operational control of a foreign national; and (3) that the 
     President's military advisors have not submitted to the 
     President a recommendation that such involvement is in the 
     national security interests of the United States and the 
     President has not submitted to the Congress such a 
     recommendation.
       Sec. 611. None of the funds made available in this Act 
     shall be used to provide the following amenities or personal 
     comforts in the Federal prison system--
       (1) in-cell television viewing except for prisoners who are 
     segregated from the general prison population for their own 
     safety;
       (2) the viewing of R, X, and NC-17 rated movies, through 
     whatever medium presented;
       (3) any instruction (live or through broadcasts) or 
     training equipment for boxing, wrestling, judo, karate, or 
     other martial art, or any bodybuilding or weightlifting 
     equipment of any sort;
       (4) possession of in-cell coffee pots, hot plates or 
     heating elements; or
       (5) the use or possession of any electric or electronic 
     musical instrument.
       Sec. 612. None of the funds made available in title II for 
     the National Oceanic and Atmospheric Administration (NOAA) 
     under the headings ``Operations, Research, and Facilities'' 
     and ``Procurement, Acquisition and Construction'' may be used 
     to implement sections 603, 604, and 605 of Public Law 102-
     567: Provided, That NOAA may develop a modernization plan for 
     its fisheries research vessels that takes fully into account 
     opportunities for contracting for fisheries surveys.
       Sec. 613. Any costs incurred by a department or agency 
     funded under this Act resulting from personnel actions taken 
     in response to funding reductions included in this Act shall 
     be absorbed within the total budgetary resources available to 
     such department or agency: Provided, That the authority to 
     transfer funds between appropriations accounts as may be 
     necessary to carry out this section is provided in addition 
     to authorities included elsewhere in this Act: Provided 
     further, That use of funds to carry out this section shall be 
     treated as a reprogramming of funds under section 605 of this 
     Act and shall not be available for obligation or expenditure 
     except in compliance with the procedures set forth in that 
     section.
       Sec. 614. None of the funds made available in this Act to 
     the Federal Bureau of Prisons may be used to distribute or 
     make available any commercially published information or 
     material to a prisoner when it is made known to the Federal 
     official having authority to obligate or expend such funds 
     that such information or material is sexually explicit or 
     features nudity.
       Sec. 615. Of the funds appropriated in this Act under the 
     heading ``Office of Justice Programs--State and Local Law 
     Enforcement Assistance'', not more than 90 percent of the 
     amount to be awarded to an entity under the Local Law 
     Enforcement Block Grant shall be made available to such an 
     entity when it is made known to the Federal official having 
     authority to obligate or expend such funds that the entity 
     that employs a public safety officer (as such term is defined 
     in section 1204 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968) does not provide such a public 
     safety officer who retires or is separated from service due 
     to injury suffered as the direct and proximate result of a 
     personal injury sustained in the line of duty while 
     responding to an emergency situation or a hot pursuit (as 
     such terms are defined by State law) with the same or better 
     level of health insurance benefits at the time of retirement 
     or separation as they received while on duty.
       Sec. 616. (a) None of the funds appropriated or otherwise 
     made available in this Act shall be used to issue visas to 
     any person who--
       (1) has been credibly alleged to have ordered, carried out, 
     or materially assisted in the extrajudicial and political 
     killings of Antoine Izmery, Guy Malary, Father Jean-Marie 
     Vincent, Pastor Antoine Leroy, Jacques Fleurival, Mireille 
     Durocher Bertin, Eugene Baillergeau, Michelange Hermann, Max 
     Mayard, Romulus Dumarsais, Claude Yves Marie, Mario Beaubrun, 
     Leslie Grimar, Joseph Chilove, Michel Gonzalez, and Jean-
     Hubert Feuille;
       (2) has been included in the list presented to former 
     President Jean-Bertrand Aristide by former National Security 
     Council Advisor Anthony Lake in December 1995, and acted upon 
     by President Rene Preval;
       (3) was sought for an interview by the Federal Bureau of 
     Investigation as part of its inquiry into the March 28, 1995, 
     murder of Mireille Durocher Bertin and Eugene Baillergeau, 
     Jr., and was credibly alleged to have ordered, carried out, 
     or materially assisted in those murders, per a June 28, 1995, 
     letter to the then Minister of Justice of the Government of 
     Haiti, Jean-Joseph Exume;
       (4) was a member of the Haitian High Command during the 
     period 1991 through 1994, and has been credibly alleged to 
     have planned, ordered, or participated with members of the 
     Haitian Armed Forces in--
       (A) the September 1991 coup against any person who was a 
     duly elected government official of Haiti (or a member of the 
     family of such official), or
       (B) the murders of thousands of Haitians during the period 
     1991 through 1994; or
       (5) has been credibly alleged to have been a member of the 
     paramilitary organization known as FRAPH who planned, 
     ordered, or participated in acts of violence against the 
     Haitian people.
       (b) Exemption.--Subsection (a) shall not apply if the 
     Secretary of State finds, on a case-by-case basis, that the 
     entry into the United States of a person who would otherwise 
     be excluded under this section is necessary for medical 
     reasons or such person has cooperated fully with the 
     investigation of these political murders. If the Secretary of 
     State exempts any such person, the Secretary shall notify the 
     appropriate congressional committees in writing.
       (c) Reporting Requirement.--(1) The United States chief of 
     mission in Haiti shall provide the Secretary of State a list 
     of those who have been credibly alleged to have ordered or 
     carried out the extrajudicial and political killings 
     mentioned in paragraph (1) of subsection (a).
       (2) The Secretary of State shall submit the list provided 
     under paragraph (1) to the appropriate congressional 
     committees not later than 3 months after the date of 
     enactment of this Act.
       (3) The Secretary of State shall submit to the appropriate 
     congressional committees a list of aliens denied visas, and 
     the Attorney General shall submit to the appropriate 
     congressional committees a list of aliens refused entry to 
     the United States as a result of this provision.
       (4) The Secretary of State shall submit a report under this 
     subsection not later than 6 months after the date of 
     enactment of this Act and not later than March 1 of each year 
     thereafter as long as the Government of Haiti has not 
     completed the investigation of the extrajudicial and 
     political killings and has not prosecuted those implicated 
     for the killings specified in paragraph (1) of subsection 
     (a).
       (d) Definition.--In this section, the term ``appropriate 
     congressional committees'' means the Committee on 
     International Relations and the Committee on Appropriations 
     of the House of Representatives and the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate.
       Sec. 617. (a) None of the funds made available in this Act 
     may be used to issue or renew a fishing permit or 
     authorization for any fishing vessel of the United States 
     greater than 165 feet in registered length or of more than 
     750 gross registered tons, and that has an engine or engines 
     capable of producing a total of more than 3,000 shaft 
     horsepower--
       (1) as specified in the permit application required under 
     part 648.4(a)(5) of title 50, Code of Federal Regulations, 
     part 648.12 of title 50, Code of Federal Regulations, and the 
     authorization required under part 648.80(d)(2) of title 50, 
     Code of Federal Regulations, to engage in fishing for 
     Atlantic mackerel or herring (or both) under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.); or
       (2) that would allow such a vessel to engage in the 
     catching, taking, or harvesting of fish in any other fishery 
     within the exclusive economic zone of the United States 
     (except territories), unless a certificate of documentation 
     had been issued for the vessel and endorsed with a fishery 
     endorsement that was effective on September 25, 1997, and 
     such fishery endorsement was not surrendered at any time 
     thereafter.
        (b) Any fishing permit or authorization issued or renewed 
     prior to the date of the enactment of this Act for a fishing 
     vessel to which the prohibition in subsection (a)(1) applies 
     that would allow such vessel to engage in fishing for 
     Atlantic mackerel or herring (or both) during fiscal year 
     1999 shall be null and void, and none of the funds made 
     available in this Act may be used to issue a fishing permit 
     or authorization that would allow a vessel whose permit or 
     authorization was made null and void pursuant to

[[Page H11075]]

     this subsection to engage in the catching, taking, or 
     harvesting of fish in any other fishery within the exclusive 
     economic zone of the United States.
       Sec. 618. None of the funds provided by this Act shall be 
     available to promote the sale or export of tobacco or tobacco 
     products, or to seek the reduction or removal by any foreign 
     country of restrictions on the marketing of tobacco or 
     tobacco products, except for restrictions which are not 
     applied equally to all tobacco or tobacco products of the 
     same type.
       Sec. 619. None of the funds made available in this Act may 
     be used to pay the expenses of an election officer appointed 
     by a court to oversee an election of any officer or trustee 
     for the International Brotherhood of Teamsters.
       Sec. 620. Section 1303 of the International Security and 
     Development Corporation Act of 1985 (16 U.S.C. 469j) is 
     amended in subsection (e), by striking ``three'' and 
     inserting ``six''.
       Sec. 621. None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for (1) the 
     implementation of any tax or fee in connection with the 
     implementation of 18 U.S.C. 922(t); (2) any system to 
     implement 18 U.S.C. 922(t) that does not require and result 
     in the destruction of any identifying information submitted 
     by or on behalf of any person who has been determined not to 
     be prohibited from owning a firearm.
       (2) whether such subsidies had an adverse effect on United 
     States companies;
       (3) the status of the Trade Representative's contacts with 
     the Korean Government with respect to industry concerns 
     regarding Hanbo Steel and efforts to eliminate subsidies; and
       (4) the status of the Trade Representative's contacts with 
     other Asian trading partners regarding the adverse effect of 
     Korean steel subsidies on such trading partners.
       (b) The report described in subsection (a) shall also 
     include information on the status of any investigations 
     initiated as a result of press reports that the Korean 
     Government ordered Pohang Iron and Steel Company, in which 
     the Government owns a controlling interest, to sell steel in 
     Korea at a price that is 30 percent lower than the 
     international market prices.
       Sec. 623. None of the funds made available in this or any 
     other Act may be used to implement, administer, or enforce 
     Executive Order No. 13083 (titled ``Federalism'' and dated 
     May 14, 1998).
       Sec. 624. (a) Section 118 of title 28, United States Code, 
     is amended--
       (1) in subsection (a) by striking ``Philadelphia, and 
     Schuylkill'' and inserting ``and Philadelphia''; and
       (2) in subsection (b) by inserting ``Schuylkill,'' after 
     ``Potter,''.
       (b)(1) This section and the amendments made by this section 
     shall take effect 180 days after the date of the enactment of 
     this Act.
       (2) This section and the amendments made by this section 
     shall not affect any action commenced before the effective 
     date of this section and pending on such date in the United 
     States District Court for the Eastern District of 
     Pennsylvania.
       (3) This section and the amendments made by this section 
     shall not affect the composition, or preclude the service, of 
     any grand or petit jury summoned, impaneled, or actually 
     serving on the effective date of this section.
       Sec. 625. Beginning 60 days from the date of enactment of 
     this Act, none of the funds appropriated or otherwise made 
     available by this Act may be made available for the 
     participation by delegates of the United States to the 
     Standing Consultative Commission unless the President 
     certifies and so reports to the Committees on Appropriations 
     that the United States Government is not implementing the 
     Memorandum of Understanding Relating to the Treaty Between 
     the United States of America and the Union of Soviet 
     Socialist Republics on the limitation of Anti-Ballistic 
     Missile Systems of May 26, 1972, entered into in New York on 
     September 26, 1997, by the United States, Russia, Kazakhstan, 
     Belarus, and Ukraine, or until the Senate provides it advice 
     and consent to the Memorandum of Understanding.
       Sec. 626. Time Limitation on Funding.--(a) Notwithstanding 
     any other provisions of this Act, appropriations and funds 
     made available and authority granted pursuant to this Act 
     (the Departments of Commerce, Justice, and State, and 
     Judiciary, and Related Agencies Appropriations Act, 1999) 
     shall cease to be available after June 15, 1999.
       (b) Appropriations and funds made available by or authority 
     granted pursuant to the Act referenced in subsection (a) 
     shall be appropriated under section 1513 of title 31, United 
     States Code, in the manner established for funds provided by 
     a joint resolution making continuing appropriations.
       (c) Appropriations made and authority granted pursuant to 
     Act referenced in subsection (a) shall cover all obligations 
     or expenditures incurred for any program, project or activity 
     during the period for which funds or authority for such 
     project or activity are available under such Act.
       (d) Expenditures made during the period for which funds or 
     authority are available under such Act shall be charged to 
     the full-year amount provided for the applicable 
     appropriations, fund, or authorization.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund


                              (rescission)

       Of the unobligated balances available under this heading on 
     September 30, 1998, $99,000,000 are rescinded.

                            Legal Activities


                         asset forfeiture fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $2,000,000 are rescinded.

                    Federal Bureau of Investigation


                             (RESCISSIONS)

       Of the funds provided in previous Acts, the following funds 
     are hereby rescinded from the following accounts in the 
     specified amounts:
       ``Construction, 1998'', $4,000,000;
       ``Salaries and Expenses, no year'', $6,400,000;
       ``Violent Crime Reduction Program, 1996'', $2,000,000; and
       ``Violent Crime Reduction Program, 1997'', $300,000.

                 Immigration and Naturalization Service


                       immigration emergency fund

                              (rescission)

       Of the unobligated balances available under this heading, 
     $5,000,000 are rescinded.

                         DEPARTMENT OF COMMERCE


                             (rescissions)

       Of the funds provided in previous Acts, the following funds 
     are hereby rescinded from the following accounts in the 
     specified amounts:
       ``United States Travel and Tourism Administration, no 
     year'', $915,000; and
       ``Endowment for Children's Educational TV, no year'', 
     $1,175,000.

             National Institute of Standards and Technology


                     industrial technology services

                              (rescission)

       Of the unobligated balances available under this heading 
     for the Advanced Technology Program, $6,000,000 are 
     rescinded.

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


                           ship construction

                              (rescission)

       Of the unobligated balances available under this heading, 
     $17,000,000 are rescinded.

                               TITLE VIII

     SEC. 801. ETHICAL STANDARDS FOR FEDERAL PROSECUTORS.

       (a) In General.--Chapter 31 of title 28, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 530B. Ethical standards for attorneys for the 
       Government

       ``(a) An attorney for the Government shall be subject to 
     State laws and rules, and local Federal court rules, 
     governing attorneys in each State where such attorney engages 
     in that attorney's duties, to the same extent and in the same 
     manner as other attorneys in that State.
       ``(b) The Attorney General shall make and amend rules of 
     the Department of Justice to assure compliance with this 
     section.
       ``(c) As used in this section, the term `attorney for the 
     Government' includes any attorney described in section 
     77.2(a) of part 77 of title 28 of the Code of Federal 
     Regulations and also includes any independent counsel, or 
     employee of such a counsel, appointed under chapter 40.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 31 of title 28, United States Code, is 
     amended by adding at the end the following new item:

``530B.  Ethical standards for attorneys for the Government.''.

       (c) Effective Date.--The amendments made by this section 
     shall take effect 180 days after the date of the enactment of 
     this Act and shall apply during that portion of fiscal year 
     1999 that follows that taking effect, and in each succeeding 
     fiscal year.

             TITLE IX--NATIONAL WHALE CONSERVATION FUND ACT

       Sec. 901. Short Title.--This title may be cited as the 
     ``National Whale Conservation Fund Act of 1998''.
       Sec. 902. Findings.--Congress finds that--
       (1) the populations of whales that occur in waters of the 
     United States are resources of substantial ecological, 
     scientific, socioeconomic, and esthetic value;
       (2) whale populations--
       (A) form a significant component of marine ecosystems;
       (B) are the subject of intense research;
       (C) provide for a multimillion dollar whale watching 
     tourist industry that provides the public an opportunity to 
     enjoy and learn about great whales and the ecosystems of 
     which the whales are a part; and
       (D) are of importance to Native Americans for cultural and 
     subsistence purposes;
       (3) whale populations are in various stages of recovery, 
     and some whale populations, such as the northern right whale 
     (Eubaleana glacialis) remain perilously close to extinction;
       (4) the interactions that occur between ship traffic, 
     commercial fishing, whale watching vessels, and other 
     recreational vessels and whale populations may affect whale 
     populations adversely;
       (5) the exploration and development of oil, gas, and hard 
     mineral resources, marine debris, chemical pollutants, noise, 
     and other anthropogenic sources of change in the habitat of 
     whales may affect whale populations adversely;
       (6) the conservation of whale populations is subject to 
     difficult challenges related to--
       (A) the migration of whale populations across international 
     boundaries;
       (B) the size of individual whales, as that size precludes 
     certain conservation research procedures that may be used for 
     other animal species, such as captive research and breeding;
       (C) the low reproductive rates of whales that require long-
     term conservation programs to ensure recovery of whale 
     populations; and
       (D) the occurrence of whale populations in offshore waters 
     where undertaking research, monitoring, and conservation 
     measures is difficult and costly;

[[Page H11076]]

       (7)(A) the Secretary of Commerce, through the Administrator 
     of the National Oceanic and Atmospheric Administration, has 
     research and regulatory responsibility for the conservation 
     of whales under the Marine Mammal Protection Act of 1972 (16 
     U.S.C. 1361 et seq.); and
       (B) the heads of other Federal agencies and the Marine 
     Mammal Commission established under section 201 of the Marine 
     Mammal Protection Act of 1972 (16 U.S.C. 1401) have related 
     research and management activities under the Marine Mammal 
     Protection Act of 1972 or the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.);
       (8) the funding available for the activities described in 
     paragraph (8) is insufficient to support all necessary whale 
     conservation and recovery activities; and
       (9) there is a need to facilitate the use of funds from 
     non-Federal sources to carry out the conservation of whales.
       Sec. 903. National Whale Conservation Fund.--Section 4 of 
     the National Fish and Wildlife Establishment Act (16 U.S.C. 
     3703) is amended by adding at the end the following:
       ``(f)(1) In carrying out the purposes under section 2(b), 
     the Foundation may establish a national whale conservation 
     endowment fund, to be used by the Foundation to support 
     research, management activities, or educational programs that 
     contribute to the protection, conservation, or recovery of 
     whale populations in waters of the United States.
       ``(2)(A) In a manner consistent with subsection (c)(1), the 
     Foundation may--
       ``(i) accept, receive, solicit, hold, administer, and use 
     any gift, devise, or bequest made to the Foundation for the 
     express purpose of supporting whale conservation; and
       ``(ii) deposit in the endowment fund under paragraph (1) 
     any funds made available to the Foundation under this 
     subparagraph, including any income or interest earned from a 
     gift, devise, or bequest received by the Foundation under 
     this subparagraph.
       ``(B) To raise funds to be deposited in the endowment fund 
     under paragraph (1), the Foundation may enter into 
     appropriate arrangements to provide for the design, 
     copyright, production, marketing, or licensing, of logos, 
     seals, decals, stamps, or any other item that the Foundation 
     determines to be appropriate.
       ``(C)(i) The Secretary of Commerce may transfer to the 
     Foundation for deposit in the endowment fund under paragraph 
     (1) any amount (or portion thereof) received by the Secretary 
     under section 105(a)(1) of the Marine Mammal Protection Act 
     of 1972 (16 U.S.C. 1375(a)(1)) as a civil penalty assessed by 
     the Secretary under that section.
       ``(ii) The Directors of the Board shall ensure that any 
     amounts transferred to the Foundation under clause (i) for 
     the endowment fund under paragraph (1) are deposited in 
     that fund in accordance with this subparagraph.
       ``(3) It is the intent of Congress that in making 
     expenditures from the endowment fund under paragraph (1) to 
     carry out activities specified in that paragraph, the 
     Foundation should give priority to funding projects that 
     address the conservation of populations of whales that the 
     Foundation determines--
       ``(A) are the most endangered (including the northern right 
     whale (Eubaleana glacialis)); or
       ``(B) most warrant, and are most likely to benefit from, 
     research managment, or educational activities that may be 
     funded with amounts made available from the fund.
       ``(g) In carrying out any action on the part of the 
     Foundation under subsection (f), the Directors of the Board 
     shall consult with the Administrator of the National Oceanic 
     and Atmospheric Administration and the Marine Mammal 
     Commission.''.
       This Act may be cited as the ``Departments of Commerce, 
     Justice, and State, the Judiciary, and Related Agencies 
     Appropriations Act, 1999''.
         (c) For programs, projects or activities in the District 
     of Columbia Appropriations Act, 1999, provided as follows, to 
     be effective as if it had been enacted into law as the 
     regular appropriations Act:
     AN ACT Making appropriations for the government of the 
     District of Columbia and other activities chargeable in whole 
     or in part against revenues of said District for the fiscal 
     year ending September 30, 1999, and for other purposes.

                             FEDERAL FUNDS

                  Metrorail Improvements and Expansion

       For a Federal contribution to the Washington Metropolitan 
     Area Transit Authority for improvements and expansion of the 
     Mount Vernon Square Metrorail station located at the site of 
     the proposed Washington Convention Center project, 
     $25,000,000, to remain available until expended.

                 Federal Payment for Management Reform

       For payment to the District of Columbia, $25,000,000, to 
     remain available until September 30, 1999, which shall be 
     deposited into an escrow account of the District of Columbia 
     Financial Responsibility and Management Assistance Authority 
     and shall be disbursed from such escrow account by the 
     Authority pursuant to the instructions of the Authority only 
     for a program of management reform pursuant to sections 
     11101-11106 of the District of Columbia Management Reform Act 
     of 1997, Public Law 105-33.

  Federal Payment for Boys Town U.S.A. Operations in the District of 
                                Columbia

       For a Federal contribution of $7,100,000 to be paid to the 
     Board of Trustees of Boys Town U.S.A. for expansion of the 
     operations of Boys Town of Washington, located at 4801 
     Sargent Road, Northeast, said funds to be allocated as 
     follows: $4,700,000 in capital costs for the construction of 
     one emergency short-term residential center and four long-
     term residential homes in the District of Columbia; and 
     $2,400,000 in first-year operating expenses for said 
     facilities: Provided, That said Board of Trustees shall 
     provide quarterly financial reports during fiscal year 1999 
     on the expenditure of said funds to the Committees on 
     Appropriations of the Senate and House of Representatives, 
     the Committee on Governmental Affairs of the Senate, and the 
     Committee on Government Reform and Oversight of the House of 
     Representatives.

                  Nation's Capital Infrastructure Fund

       For a Federal contribution to the District of Columbia 
     towards the costs of infrastructure needs, which shall be 
     deposited into an escrow account of the District of Columbia 
     Financial Responsibility and Management Assistance Authority 
     and disbursed by the Authority from such account for the 
     repair and maintenance of public safety facilities in the 
     District of Columbia, $18,778,000, to remain available until 
     expended.

   Environmental Study and Related Activities at Lorton Correctional 
                                Complex

       For a Federal contribution for an environmental study and 
     related activities at the property on which the Lorton 
     Correctional Complex is located, to be transferred to the 
     Federal agency with authority over the Complex, $7,000,000, 
     to remain available until expended.

    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

       For payment to the District of Columbia Corrections 
     Trustee, $184,800,000 for the administration and operation of 
     correctional facilities and for the administrative operating 
     costs of the Office of the Corrections Trustee, as authorized 
     by section 11202 of the National Capital Revitalization and 
     Self-Government Improvement Act of 1997, Public Law 105-33; 
     of which $177,385,000 shall be available for expenses 
     incurred in connection with the housing, in both private, 
     District of Columbia and Federal facilities, of the sentenced 
     adult felon population of the District of Columbia; 
     $4,225,000 shall be available for personnel initiatives in 
     the District of Columbia Department of Corrections; $750,000 
     shall be available for a system of internal controls and 
     audits within the Department of Corrections; and $2,440,000 
     shall be available for administrative expenses: Provided, 
     That, notwithstanding any other provision of law, and 
     consistent with regulations and guidance governing the use of 
     Federal funds by grantees, funds appropriated in this Act for 
     the District of Columbia Corrections Trustee shall be 
     transferred by the Secretary of the Treasury to said Trustee 
     only as funds are needed to pay properly incurred 
     obligations.

           Federal Payment to the District of Columbia Courts

       Notwithstanding any other provision of law, $128,000,000 
     for payment to the Joint Committee on Judicial Administration 
     in the District of Columbia; of which not to exceed 
     $121,000,000 shall be for District of Columbia Courts 
     operation, to be allocated as follows: for the District of 
     Columbia Court of Appeals, $7,839,000 and 96 full-time 
     equivalent (FTE) positions; for the District of Columbia 
     Superior Court, $72,419,000 and 1,017 FTE's; for the District 
     of Columbia court system, $40,742,000 and 120 FTE's; and 
     $7,000,000 shall be for capital improvements for District of 
     Columbia courthouse facilities: Provided, That of amounts 
     available for District of Columbia Courts operation, not to 
     exceed $6,900,000 shall be for the Counsel for Child Abuse 
     and Neglect program pursuant to section 1101 of title 11, 
     D.C. Code, and section 2304 of title 16, D.C. Code, and of 
     which not to exceed $25,036,000 shall be to carry out 
     sections 2602 and 2604 of title 11, D.C. Code, relating to 
     representation of indigents in criminal cases under the 
     Criminal Justice Act, in total, $31,936,000: Provided 
     further, That subject to normal reprogramming requirements 
     contained in section 116 of this Act, this $31,936,000 may be 
     used for other purposes under this heading: Provided further, 
     That all amounts under this heading shall be paid quarterly 
     by the Treasury of the United States based on quarterly 
     apportionments approved by the Office of Management and 
     Budget, with payroll and financial services to be provided on 
     a contractual basis with the General Services Administration 
     [GSA], said services to include the preparation of monthly 
     financial reports, copies of which shall be submitted 
     directly by GSA to the President and to the Committees on 
     Appropriations of the Senate and House of Representatives, 
     the Committee on Governmental Affairs of the Senate, and the 
     Committee on Government Reform and Oversight of the House of 
     Representatives.

   Federal Payment to the District of Columbia Offender Supervision, 
                  Defender, and Court Services Agency

       For payment to the District of Columbia Offender 
     Supervision, Defender, and Court Services Agency, 
     $59,400,000, as authorized by the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     Public Law 105-33; of which $33,802,000 shall be for 
     necessary expenses of Parole Revocation, Adult Probation and 
     Offender Supervision, to include expenses relating to 
     supervision of adults subject to protection orders or 
     provision of services for or related to such persons; 
     $14,486,000 shall be available to the Public Defender 
     Service; and $11,112,000 shall be available to the Pretrial 
     Services Agency: Provided, That, notwithstanding any other 
     provision of law, and consistent with regulations and 
     guidance governing the use of Federal funds by grantees, 
     funds appropriated in this Act for the District of Columbia 
     Offender Trustee shall be transferred by the Secretary of the 
     Treasury to said Trustee only as funds are needed to pay 
     properly incurred obligations.

[[Page H11077]]

           Federal Payment for Metropolitan Police Department

       For payment to the Metropolitan Police Department, 
     $1,200,000, for the administration and operating costs of the 
     Citizen Complaint Review Office.

                  Federal Payment for Fire Department

       For payment to the Fire Department, $3,240,000, for a 5.5 
     percent pay increase to be effective and paid to firefighters 
     beginning October 1, 1998.

         Federal Payment to the Georgetown Waterfront Park Fund

       For payment to the Georgetown Waterfront Park Fund, 
     $1,000,000 for the construction and landscaping of Georgetown 
     Waterfront Park, property described on the District of 
     Columbia Surveyor's Plat Number S.O. 84-230: Provided, That 
     the Georgetown Waterfront Park Fund provide an amount equal 
     to one dollar for every dollar expended, in cash or in kind, 
     to carry out the activities supported by the grant.

         Federal Payment to Historical Society for City Museum

       For a Federal payment to the Historical Society of 
     Washington, D.C., for the establishment and operation of a 
     Museum of the City of Washington, D.C. at the Carnegie 
     Library at Mount Vernon Square, $2,000,000, to remain 
     available until expended, to be deposited in a separate 
     account of the Society used exclusively for the establishment 
     and operation of such Museum: Provided, That the Secretary of 
     the Treasury shall make such payment in quarterly 
     installments, and the amount of the installment for a quarter 
     shall be equal to the amount of matching funds that the 
     Society has deposited into such account for the quarter (as 
     certified by the Inspector General of the District of 
     Columbia): Provided further, That notwithstanding any other 
     provision of law, not later than January 1, 1999, the 
     District of Columbia shall enter into an agreement with the 
     Society under which the District of Columbia shall lease the 
     Carnegie Library at Mount Vernon Square to the Society 
     beginning on such date for 99 years at a rent of $1 per year 
     for use as a city museum.

    Federal Payment for a National Museum of American Music and for 
                        Downtown Revitalization

       For a Federal contribution to the District of Columbia to 
     establish a National Museum of American Music and for 
     downtown revitalization, $700,000 which shall be deposited 
     into an escrow account held by the District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     to remain available until expended: Provided, That $300,000 
     shall be available from this appropriation for the Federal 
     City Council to conduct a needs and design study for a 
     National Museum of American Music: Provided further, That 
     $300,000 shall be available from this appropriation for the 
     Washington Center Alliance to further and promote the 
     objectives of the Interactive Downtown Task Force: Provided 
     further, That $100,000 shall be paid to Save New York Avenue, 
     Inc., for the further improvement of that portion of New York 
     Avenue designated as the Capital Gateway Corridor.

                       United States Park Police

       For a Federal payment to the United States Park Police, 
     $8,500,000, to acquire, modify and operate a helicopter and 
     to make necessary capital expenditures to the Park Police 
     aviation unit base: Provided, That the Chief of the United 
     States Park Police shall provide quarterly financial reports 
     during fiscal year 1999 on the expenditure of said funds to 
     the Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform and Oversight 
     of the House of Representatives.

              Federal Payment for Waterfront Improvements

       For a Federal payment to the District of Columbia 
     Department of Housing and Community Development for a study 
     in consultation with the United States Army Corps of 
     Engineers of necessary improvements to the Southwest 
     Waterfront in the District of Columbia (including upgrading 
     marina dock pilings and paving and restoring walkways in the 
     marina and fish market areas) for the portions of Federal 
     property in the Southwest quadrant of the District of 
     Columbia within Lots 847 and 848, a portion of Lot 846, and 
     the unassessed Federal real property adjacent to Lot 848 in 
     Square 473, and for carrying out the improvements recommended 
     by the study, $3,000,000: Provided, That no portion of such 
     funds shall be available to the District of Columbia unless 
     the District of Columbia executes a 30-year lease with the 
     existing lessees, or with their successors in interest, of 
     such portions of property not later than 30 days after the 
     existing lessees or their successors in interest have 
     submitted to the District of Columbia acceptable plans for 
     improvements and private financing: Provided further, That 
     the District of Columbia shall report its progress on this 
     project on a quarterly basis to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate.

                 Federal Payment for Mentoring Services

       For a Federal payment to the International Youth Service 
     and Development Corps, Inc. for a mentoring program for at-
     risk children in the District of Columbia, $200,000: 
     Provided, That the International Youth Service and 
     Development Corps, Inc. shall submit to the Committees on 
     Appropriations of the House of Representatives and the Senate 
     an annual report due November 30, 1999, on the activities 
     carried out with such funds.

                  Federal Payment for Hotline Services

       For a Federal payment to the International Youth Service 
     and Development Corps, Inc. for the operation of a resource 
     hotline for low-income individuals in the District of 
     Columbia, $50,000: Provided, That the International Youth 
     Service and Development Corps, Inc. shall submit to the 
     Committees on Appropriations of the House of Representatives 
     and the Senate an annual report due November 30, 1999, on the 
     activities carried out with such funds.

                  Federal Payment for Public Education

       For a Federal contribution to the public education system 
     for public charter schools, $15,622,000.

Federal Payment for Medicare Coordinated Care Demonstration Project in 
                        the District of Columbia

       For payment to the District of Columbia Financial 
     Responsibility and Management Assistance Authority, 
     $3,000,000 for the continued funding of a Medicare 
     Coordinated Care Demonstration Project in the District of 
     Columbia as specified in section 4016(b)(2)(C) of the 
     Balanced Budget Act of 1997.

         Federal Payment for Children's National Medical Center

       For a Federal contribution to the Children's National 
     Medical Center in the District of Columbia, $1,000,000 for 
     construction, renovation, and information technology 
     infrastructure costs associated with establishing community 
     pediatric health clinics for high risk children in medically 
     underserved areas of the District of Columbia.

                       DISTRICT OF COLUMBIA FUNDS

                           OPERATING EXPENSES

                          Division of Expenses

       The following amounts are appropriated for the District of 
     Columbia for the current fiscal year out of the general fund 
     of the District of Columbia, except as otherwise specifically 
     provided.

                   Governmental Direction and Support

       Governmental direction and support, $164,144,000 (including 
     $136,485,000 from local funds, $13,955,000 from Federal 
     funds, and $13,704,000 from other funds): Provided, That not 
     to exceed $2,500 for the Mayor, $2,500 for the Chairman of 
     the Council of the District of Columbia, and $2,500 for the 
     Chief Management Officer shall be available from this 
     appropriation for official purposes: Provided further, That 
     any program fees collected from the issuance of debt shall be 
     available for the payment of expenses of the debt management 
     program of the District of Columbia: Provided further, That 
     no revenues from Federal sources shall be used to support the 
     operations or activities of the Statehood Commission and 
     Statehood Compact Commission: Provided further, That the 
     District of Columbia shall identify the sources of funding 
     for Admission to Statehood from its own locally-generated 
     revenues: Provided further, That all employees permanently 
     assigned to work in the Office of the Mayor shall be paid 
     from funds allocated to the Office of the Mayor.

                  Economic Development and Regulation

       Economic development and regulation, $159,039,000 
     (including $45,162,000 from local funds, $83,365,000 from 
     Federal funds, and $30,512,000 from other funds), of which 
     $12,000,000 collected by the District of Columbia in the form 
     of BID tax revenue shall be paid to the respective BIDs 
     pursuant to the Business Improvement Districts Act of 1996 
     (D.C. Law 11-134; D.C. Code, sec. 1-2271 et seq.), and the 
     Business Improvement Districts Temporary Amendment Act of 
     1997 (D.C. Law 12-23): Provided, That such funds are 
     available for acquiring services provided by the General 
     Services Administration: Provided further, That Business 
     Improvement Districts shall be exempt from taxes levied by 
     the District of Columbia.

                       Public Safety and Justice

       Public safety and justice, including purchase or lease of 
     135 passenger-carrying vehicles for replacement only, 
     including 130 for police-type use and five for fire-type use, 
     without regard to the general purchase price limitation for 
     the current fiscal year, $755,786,000 (including $530,945,000 
     from local funds, $30,327,000 from Federal funds, and 
     $194,514,000 from other funds): Provided, That the 
     Metropolitan Police Department is authorized to replace not 
     to exceed 25 passenger-carrying vehicles and the Department 
     of Fire and Emergency Medical Services of the District of 
     Columbia is authorized to replace not to exceed five 
     passenger-carrying vehicles annually whenever the cost of 
     repair to any damaged vehicle exceeds three-fourths of the 
     cost of the replacement: Provided further, That not to 
     exceed $500,000 shall be available from this appropriation 
     for the Chief of Police for the prevention and detection 
     of crime: Provided further, That the Metropolitan Police 
     Department shall provide quarterly reports to the 
     Committees on Appropriations of the House and Senate on 
     efforts to increase efficiency and improve the 
     professionalism in the department: Provided further, That 
     notwithstanding any other provision of law, or Mayor's 
     Order 86-45, issued March 18, 1986, the Metropolitan 
     Police Department's delegated small purchase authority 
     shall be $500,000: Provided further, That the District of 
     Columbia government may not require the Metropolitan 
     Police Department to submit to any other procurement 
     review process, or to obtain the approval of or be 
     restricted in any manner by any official or employee of 
     the District of Columbia government, for purchases that do 
     not exceed $500,000: Provided further, That the Mayor 
     shall reimburse the District of Columbia National Guard 
     for expenses incurred in connection with services that are 
     performed in emergencies by the National Guard in a 
     militia status and are requested by the Mayor, in amounts 
     that shall be jointly determined and

[[Page H11078]]

     certified as due and payable for these services by the 
     Mayor and the Commanding General of the District of 
     Columbia National Guard: Provided further, That such sums 
     as may be necessary for reimbursement to the District of 
     Columbia National Guard under the preceding proviso shall 
     be available from this appropriation, and the availability 
     of the sums shall be deemed as constituting payment in 
     advance for emergency services involved: Provided further, 
     That the Metropolitan Police Department is authorized to 
     maintain 3,800 sworn officers, with leave for a 50 officer 
     attrition: Provided further, That no more than 15 members 
     of the Metropolitan Police Department shall be detailed or 
     assigned to the Executive Protection Unit, until the Chief 
     of Police submits a recommendation to the Council for its 
     review: Provided further, That $100,000 shall be available 
     for inmates released on medical and geriatric parole: 
     Provided further, That commencing on December 31, 1998, 
     the Metropolitan Police Department shall provide to the 
     Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of 
     the Senate, and the Committee on Government Reform and 
     Oversight of the House of Representatives, quarterly 
     reports on the status of crime reduction in each of the 83 
     police service areas established throughout the District 
     of Columbia: Provided further, That funds appropriated for 
     expenses under the District of Columbia Criminal Justice 
     Act, approved September 3, 1974 (88 Stat. 1090; Public Law 
     93-412; D.C. Code, sec. 11-2601 et seq.), for the fiscal 
     year ending September 30, 1999, shall be available for 
     obligations incurred under the Act in each fiscal year 
     since inception in the fiscal year 1975: Provided further, 
     That funds appropriated for expenses under the District of 
     Columbia Neglect Representation Equity Act of 1984, 
     effective March 13, 1985 (D.C. Law 5-129; D.C. Code, sec. 
     16-2304), for the fiscal year ending September 30, 1999, 
     shall be available for obligations incurred under the Act 
     in each fiscal year since inception in the fiscal year 
     1985: Provided further, That funds appropriated for 
     expenses under the District of Columbia Guardianship, 
     Protective Proceedings, and Durable Power of Attorney Act 
     of 1986, effective February 27, 1987 (D.C. Law 6-204; D.C. 
     Code, sec. 21-2060), for the fiscal year ending September 
     30, 1999, shall be available for obligations incurred 
     under the Act in each fiscal year since inception in 
     fiscal year 1989.

                        Public Education System

       Public education system, including the development of 
     national defense education programs, $788,956,000 (including 
     $640,135,000 from local funds, $125,869,000 from Federal 
     funds, and $22,952,000 from other funds), to be allocated as 
     follows: $644,805,000 (including $545,000,000 from local 
     funds, $95,121,000 from Federal funds, and $4,684,000 from 
     other funds), for the public schools of the District of 
     Columbia; $18,600,000 from local funds for the District of 
     Columbia Teachers' Retirement Fund; $27,857,000 (including 
     $12,235,000 from local funds and $15,622,000 from Federal 
     funds not including funds already made available for 
     District of Columbia public schools) for public charter 
     schools: Provided, That if the entirety of this allocation 
     has not been provided as payments to any public charter 
     schools currently in operation through the per pupil 
     funding formula, the funds shall be available for new 
     public charter schools on a per pupil basis: Provided 
     further, That $480,000 of this amount shall be available 
     to the District of Columbia Public Charter School Board 
     for administrative costs: Provided further, That the 
     Emergency Transitional Education Board of Trustees shall 
     report to Congress not later than February 1, 1999, on the 
     implementation of their policy to give preference to newly 
     created District of Columbia public charter schools for 
     surplus public school property; $72,088,000 (including 
     $40,148,000 from local funds, $14,079,000 from Federal 
     funds, and $17,861,000 from other funds) for the 
     University of the District of Columbia; $23,419,000 
     (including $22,326,000 from local funds, $686,000 from 
     Federal funds, and $407,000 from other funds) for the 
     Public Library; $2,187,000 (including $1,826,000 from 
     local funds and $361,000 from Federal funds) for the 
     Commission on the Arts and Humanities: Provided further, 
     That the public schools of the District of Columbia are 
     authorized to accept not to exceed 31 motor vehicles for 
     exclusive use in the driver education program: Provided 
     further, That not to exceed $2,500 for the Superintendent 
     of Schools, $2,500 for the President of the University of 
     the District of Columbia, and $2,000 for the Public 
     Librarian shall be available from this appropriation for 
     official purposes: Provided further, That $244,078 shall 
     be used to reimburse the National Capital Area Council of 
     the Boy Scouts of America for services provided on behalf 
     of 12,600 students at 39 public schools in the District of 
     Columbia during fiscal year 1998 (including staff, 
     curriculum, and support materials): Provided further, That 
     the Inspector General of the District of Columbia shall 
     certify not later than 30 days after the date of the 
     enactment of this Act whether or not the services were so 
     provided: Provided further, That the reimbursement shall 
     be made not later than 15 days after the Inspector General 
     certifies that the services were provided: Provided 
     further, That none of the funds contained in this Act may 
     be made available to pay the salaries of any District of 
     Columbia Public School teacher, principal, administrator, 
     official, or employee who knowingly provides false 
     enrollment or attendance information under article II, 
     section 5 of the Act entitled ``An Act to provide for 
     compulsory school attendance, for the taking of a school 
     census in the District of Columbia, and for other 
     purposes'', approved February 4, 1925 (D.C. Code, sec. 31-
     401 et seq.): Provided further, That this appropriation 
     shall not be available to subsidize the education of any 
     nonresident of the District of Columbia at any District of 
     Columbia public elementary or secondary school during 
     fiscal year 1999 unless the nonresident pays tuition to 
     the District of Columbia at a rate that covers 100 percent 
     of the costs incurred by the District of Columbia which 
     are attributable to the education of the nonresident (as 
     established by the Superintendent of the District of 
     Columbia Public Schools): Provided further, That this 
     appropriation shall not be available to subsidize the 
     education of nonresidents of the District of Columbia at 
     the University of the District of Columbia, unless the 
     Board of Trustees of the University of the District of 
     Columbia adopts, for the fiscal year ending September 30, 
     1999, a tuition rate schedule that will establish the 
     tuition rate for nonresident students at a level no lower 
     than the nonresident tuition rate charged at comparable 
     public institutions of higher education in the 
     metropolitan area.

                         Human Support Services

       Human support services, $1,514,751,000 (including 
     $614,679,000 from local funds, $886,682,000 from Federal 
     funds, and $13,390,000 from other funds): Provided, That 
     $21,089,000 of this appropriation, to remain available until 
     expended, shall be available solely for District of Columbia 
     employees' disability compensation: Provided further, That a 
     peer review committee shall be established to review medical 
     payments and the type of service received by a disability 
     compensation claimant: Provided further, That the District of 
     Columbia shall not provide free government services such as 
     water, sewer, solid waste disposal or collection, utilities, 
     maintenance, repairs, or similar services to any legally 
     constituted private nonprofit organization, as defined in 
     section 411(5) of the Stewart B. McKinney Homeless Assistance 
     Act (101 Stat. 485; Public Law 100-77; 42 U.S.C. 11371), 
     providing emergency shelter services in the District, if the 
     District would not be qualified to receive reimbursement 
     pursuant to such Act (101 Stat. 485; Public Law 100-77; 42 
     U.S.C. 11301 et seq.).

                              Public Works

       Public works, including rental of one passenger-carrying 
     vehicle for use by the Mayor and three passenger-carrying 
     vehicles for use by the Council of the District of Columbia 
     and leasing of passenger-carrying vehicles, $266,912,000 
     (including $257,242,000 from local funds, $3,216,000 from 
     Federal funds, and $6,454,000 from other funds): Provided, 
     That this appropriation shall not be available for collecting 
     ashes or miscellaneous refuse from hotels and places of 
     business.

           Washington Convention Center Fund Transfer Payment

       For payment to the Washington Convention Center Enterprise 
     Fund, $5,400,000 from local funds.

                    Repayment of Loans and Interest

       For reimbursement to the United States of funds loaned in 
     compliance with the Act entitled ``An Act to provide for the 
     establishment of a modern, adequate, and efficient hospital 
     center in the District of Columbia'', approved August 7, 1946 
     (60 Stat. 896; Public Law 79-648); section 1 of the Act 
     entitled ``An Act to authorize the Commissioners of the 
     District of Columbia to borrow funds for capital improvement 
     programs and to amend provisions of law relating to Federal 
     Government participation in meeting costs of maintaining the 
     Nation's Capital City'', approved June 6, 1958 (72 Stat. 183; 
     Public Law 85-451; D.C. Code, sec. 9-219); section 4 of the 
     Act entitled ``An Act to authorize the Commissioners of the 
     District of Columbia to plan, construct, operate, and 
     maintain a sanitary sewer to connect the Dulles International 
     Airport with the District of Columbia system'', approved June 
     12, 1960 (74 Stat. 211; Public Law 86-515); sections 723 and 
     743(f) of the District of Columbia Home Rule Act, approved 
     December 24, 1973, as amended (87 Stat. 821; Public Law 93-
     198; D.C. Code, sec. 47-321, note; 91 Stat. 1156; Public Law 
     95-131; D.C. Code, sec. 9-219, note), including interest as 
     required thereby, $382,170,000 from local funds.

                Repayment of General Fund Recovery Debt

       For the purpose of eliminating the $331,589,000 general 
     fund accumulated deficit as of September 30, 1990, 
     $38,453,000 from local funds, as authorized by section 461(a) 
     of the District of Columbia Home Rule Act, approved December 
     24, 1973, as amended (105 Stat. 540; Public Law 102-106; D.C. 
     Code, sec. 47-321(a)(1)).

              Payment of Interest on Short-Term Borrowing

       For payment of interest on short-term borrowing, 
     $11,000,000 from local funds.

                     Certificates of Participation

       For lease payments in accordance with the Certificates of 
     Participation involving the land site underlying the building 
     located at One Judiciary Square, $7,926,000 from local funds.

                      Human Resources Development

       For human resources development, including costs of 
     increased employee training, administrative reforms, and an 
     executive compensation system, $6,674,000 from local funds.

                          Productivity Savings

       The Chief Financial Officer of the District of Columbia 
     shall, under the direction of the District of Columbia 
     Financial Responsibility and Management Assistance Authority, 
     make reductions of $10,000,000 in local funds to one or more 
     of the appropriation headings in this Act for productivity 
     savings.

                         Receivership Programs

       For all agencies of the District of Columbia government 
     under court ordered receivership, $318,979,000 (including 
     $189,154,000 from local funds, $96,691,000 from Federal 
     funds, and $33,134,000 from other funds): Provided, That, of 
     the sums made available to the Commission on Mental Health 
     Services, $5,000,000 shall be

[[Page H11079]]

     available to a 501(c)(3) nonprofit organization formed in 
     1991 and located in the District of Columbia to finance 
     capital improvements to community-based housing facilities 
     dedicated for use only by seriously and chronically mentally 
     ill individuals in the District of Columbia.

District of Columbia Financial Responsibility and Management Assistance 
                               Authority

       For the District of Columbia Financial Responsibility and 
     Management Assistance Authority, established by section 
     101(a) of the District of Columbia Financial Responsibility 
     and Management Assistance Act of 1995, approved April 17, 
     1995 (109 Stat. 97; Public Law 104-8), $7,840,000: Provided, 
     That none of the funds contained in this Act may be used to 
     pay any compensation of the Executive Director or General 
     Counsel of the Authority at a rate in excess of the maximum 
     rate of compensation which may be paid to such individual 
     during fiscal year 1999 under section 102 of such Act, as 
     determined by the Comptroller General (as described in GAO 
     letter report B-279095.2).

                            ENTERPRISE FUNDS

         Water and Sewer Authority and the Washington Aqueduct

       For the Water and Sewer Authority and the Washington 
     Aqueduct, $273,314,000 from other funds (including 
     $239,493,000 for the Water and Sewer Authority and 
     $33,821,000 for the Washington Aqueduct) of which $39,933,000 
     shall be apportioned and payable to the District's debt 
     service fund for repayment of loans and interest incurred for 
     capital improvement projects.

              Lottery and Charitable Games Enterprise Fund

       For the Lottery and Charitable Games Enterprise Fund, 
     established by the District of Columbia Appropriation Act for 
     the fiscal year ending September 30, 1982, approved December 
     4, 1981 (95 Stat. 1174, 1175; Public Law 97-91), as amended, 
     for the purpose of implementing the Law to Legalize 
     Lotteries, Daily Numbers Games, and Bingo and Raffles for 
     Charitable Purposes in the District of Columbia, effective 
     March 10, 1981 (D.C. Law 3-172; D.C. Code, secs. 2-2501 et 
     seq. and 22-1516 et seq.), $225,200,000: Provided, That the 
     District of Columbia shall identify the source of funding for 
     this appropriation title from the District's own locally-
     generated revenues: Provided further, That no revenues from 
     Federal sources shall be used to support the operations or 
     activities of the Lottery and Charitable Games Control Board.

                    Cable Television Enterprise Fund

       For the Cable Television Enterprise Fund, established by 
     the Cable Television Communications Act of 1981, effective 
     October 22, 1983 (D.C. Law 5-36; D.C. Code, sec. 43-1801 et 
     seq.), $2,108,000 from local funds.

                       Public Service Commission

       For the Public Service Commission, $5,026,000 (including 
     $252,000 from Federal funds and $4,774,000 from other funds).

                     Office of the People's Counsel

       For the Office of the People's Counsel, $2,501,000 from 
     other funds.

           Department of Insurance and Securities Regulation

       For the Department of Insurance and Securities Regulation, 
     $7,001,000 from other funds.

              Office of Banking and Financial Institutions

       For the Office of Banking and Financial Institutions, 
     $640,000 (including $390,000 from local funds and $250,000 
     from other funds).

                             Starplex Fund

       For the Starplex Fund, $8,751,000 from other funds for 
     expenses incurred by the Armory Board in the exercise of its 
     powers granted by the Act entitled ``An Act To Establish A 
     District of Columbia Armory Board, and for other purposes'', 
     approved June 4, 1948 (62 Stat. 339; D.C. Code, sec. 2-301 et 
     seq.) and the District of Columbia Stadium Act of 1957, 
     approved September 7, 1957 (71 Stat. 619; Public Law 85-300; 
     D.C. Code, sec. 2-321 et seq.): Provided, That the Mayor 
     shall submit a budget for the Armory Board for the 
     forthcoming fiscal year as required by section 442(b) of the 
     District of Columbia Home Rule Act, approved December 24, 
     1973 (87 Stat. 824; Public Law 93-198; D.C. Code, sec. 47-
     301(b)).

                         D.C. General Hospital

       For the District of Columbia General Hospital, established 
     by Reorganization Order No. 57 of the Board of Commissioners, 
     effective August 15, 1953, $113,599,000 of which $46,835,000 
     shall be derived by transfer from the general fund and 
     $66,764,000 shall be derived from other funds.

                         D.C. Retirement Board

       For the D.C. Retirement Board, established by section 121 
     of the District of Columbia Retirement Reform Act of 1979, 
     approved November 17, 1979 (93 Stat. 866; D.C. Code, sec. 1-
     711), $18,202,000 from the earnings of the applicable 
     retirement funds to pay legal, management, investment, and 
     other fees and administrative expenses of the District of 
     Columbia Retirement Board: Provided, That the District of 
     Columbia Retirement Board shall provide to the Congress and 
     to the Council of the District of Columbia a quarterly report 
     of the allocations of charges by fund and of expenditures of 
     all funds: Provided further, That the District of Columbia 
     Retirement Board shall provide the Mayor, for transmittal to 
     the Council of the District of Columbia, an itemized 
     accounting of the planned use of appropriated funds in time 
     for each annual budget submission and the actual use of such 
     funds in time for each annual audited financial report.

                      Correctional Industries Fund

       For the Correctional Industries Fund, established by the 
     District of Columbia Correctional Industries Establishment 
     Act, approved October 3, 1964 (78 Stat. 1000; Public Law 88-
     622), $3,332,000 from other funds.

              Washington Convention Center Enterprise Fund

       For the Washington Convention Center Enterprise Fund, 
     $53,539,000, of which $5,400,000 shall be derived by transfer 
     from the general fund.

                               PERSONNEL

       The government of the District of Columbia shall employ no 
     more than 32,900 FTE positions, exclusive of intra-District 
     FTE positions, during fiscal year 1999.

                             Capital Outlay


                        (including rescissions)

       For construction projects, a net increase of $1,711,160,737 
     (including a rescission of $114,430,742 of which $24,437,811 
     is from local funds and $89,992,931 is from highway trust 
     funds appropriated under this heading in prior fiscal years, 
     and an additional $1,825,591,479 of which $718,234,161 is 
     from local funds, $24,452,538 is from the highway trust fund, 
     and $1,082,904,780 is from Federal funds), to remain 
     available until expended: Provided, That funds for use of 
     each capital project implementing agency shall be managed 
     and controlled in accordance with all procedures and 
     limitations established under the Financial Management 
     System: Provided further, That all funds provided by this 
     appropriation title shall be available only for the 
     specific projects and purposes intended: Provided further, 
     That notwithstanding the foregoing, all authorizations for 
     capital outlay projects, except those projects covered by 
     the first sentence of section 23(a) of the Federal-Aid 
     Highway Act of 1968, approved August 23, 1968 (82 Stat. 
     827; Public Law 90-495; D.C. Code, sec. 7-134, note), for 
     which funds are provided by this appropriation title, 
     shall expire on September 30, 2000, except authorizations 
     for projects for which funds have been obligated in whole 
     or in part prior to September 30, 2000: Provided further, 
     That upon expiration of any such project authorization the 
     funds provided herein for the project shall lapse.

                           General Provisions

       Sec. 101. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.
       Sec. 102. Except as otherwise provided in this Act, all 
     vouchers covering expenditures of appropriations contained in 
     this Act shall be audited before payment by the designated 
     certifying official, and the vouchers as approved shall be 
     paid by checks issued by the designated disbursing official.
       Sec. 103. Whenever in this Act, an amount is specified 
     within an appropriation for particular purposes or objects of 
     expenditure, such amount, unless otherwise specified, shall 
     be considered as the maximum amount that may be expended for 
     said purpose or object rather than an amount set apart 
     exclusively therefor.
       Sec. 104. Appropriations in this Act shall be available, 
     when authorized by the Mayor, for allowances for privately 
     owned automobiles and motorcycles used for the performance of 
     official duties at rates established by the Mayor: Provided, 
     That such rates shall not exceed the maximum prevailing rates 
     for such vehicles as prescribed in the Federal Property 
     Management Regulations 101-7 (Federal Travel Regulations).
       Sec. 105. Appropriations in this Act shall be available for 
     expenses of travel and for the payment of dues of 
     organizations concerned with the work of the District of 
     Columbia government, when authorized by the Mayor: Provided, 
     That, in the case of the Council of the District of Columbia, 
     funds may be expended with the authorization of the chair of 
     the Council.
       Sec. 106. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making refunds and for the payment of judgments that have 
     been entered against the District of Columbia government: 
     Provided, That nothing contained in this section shall be 
     construed as modifying or affecting the provisions of section 
     11(c)(3) of title XII of the District of Columbia Income and 
     Franchise Tax Act of 1947, approved March 31, 1956 (70 Stat. 
     78; Public Law 84-460; D.C. Code, sec. 47-1812.11(c)(3)).
       Sec. 107. Appropriations in this Act shall be available for 
     the payment of public assistance without reference to the 
     requirement of section 544 of the District of Columbia Public 
     Assistance Act of 1982, effective April 6, 1982 (D.C. Law 4-
     101; D.C. Code, sec. 3-205.44), and for payment of the non-
     Federal share of funds necessary to qualify for grants under 
     subtitle A of title II of the Violent Crime Control and Law 
     Enforcement Act of 1994.
       Sec. 108. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 109. No funds appropriated in this Act for the 
     District of Columbia government for the operation of 
     educational institutions, the compensation of personnel, or 
     for other educational purposes may be used to permit, 
     encourage, facilitate, or further partisan political 
     activities. Nothing herein is intended to prohibit the 
     availability of school buildings for the use of any community 
     or partisan political group during non-school hours.
       Sec. 110. None of the funds appropriated in this Act shall 
     be made available to pay the salary of any employee of the 
     District of Columbia government whose name, title, grade, 
     salary, past work experience, and salary history are not

[[Page H11080]]

     available for inspection by the House and Senate Committees 
     on Appropriations, the Subcommittee on the District of 
     Columbia of the House Committee on Government Reform and 
     Oversight, the Subcommittee on Oversight of Government 
     Management, Restructuring and the District of Columbia of the 
     Senate Committee on Governmental Affairs, and the Council of 
     the District of Columbia, or their duly authorized 
     representative.
       Sec. 111. There are appropriated from the applicable funds 
     of the District of Columbia such sums as may be necessary for 
     making payments authorized by the District of Columbia 
     Revenue Recovery Act of 1977, effective September 23, 1977 
     (D.C. Law 2-20; D.C. Code, sec. 47-421 et seq.).
       Sec. 112. No part of this appropriation shall be used for 
     publicity or propaganda purposes or implementation of any 
     policy including boycott designed to support or defeat 
     legislation pending before Congress or any State legislature.
       Sec. 113. At the start of the fiscal year, the Mayor shall 
     develop an annual plan, by quarter and by project, for 
     capital outlay borrowings: Provided, That within a reasonable 
     time after the close of each quarter, the Mayor shall report 
     to the Council of the District of Columbia and the Congress 
     the actual borrowings and spending progress compared with 
     projections.
       Sec. 114. The Mayor shall not borrow any funds for capital 
     projects unless the Mayor has obtained prior approval from 
     the Council of the District of Columbia, by resolution, 
     identifying the projects and amounts to be financed with such 
     borrowings.
       Sec. 115. The Mayor shall not expend any moneys borrowed 
     for capital projects for the operating expenses of the 
     District of Columbia government.
       Sec. 116. None of the funds provided under this Act to the 
     agencies funded by this Act, both Federal and District 
     government agencies, that remain available for obligation or 
     expenditure in fiscal year 1999, or provided from any 
     accounts in the Treasury of the United States derived by the 
     collection of fees available to the agencies funded by this 
     Act, shall be available for obligation or expenditure for an 
     agency through a reprogramming of funds which: (1) creates 
     new programs; (2) eliminates a program, project, or activity; 
     (3) establishes or changes allocations specifically denied, 
     limited or increased by Congress in the Act; (4) increases 
     funds or personnel by any means for any project or activity 
     for which funds have been denied or restricted; (5) 
     reestablishes through reprogramming any program or project 
     previously deferred through reprogramming; (6) augments 
     existing programs, projects, or activities through a 
     reprogramming of funds in excess of $1,000,000 or 10 percent, 
     whichever is less; or (7) increases by 20 percent or more 
     personnel assigned to a specific program, project or 
     activity; unless the Appropriations Committees of both the 
     Senate and House of Representatives are notified in writing 
     thirty days in advance of any reprogramming as set forth in 
     this section.
       Sec. 117. None of the Federal funds provided in this Act 
     shall be obligated or expended to provide a personal cook, 
     chauffeur, or other personal servants to any officer or 
     employee of the District of Columbia.
       Sec. 118. None of the Federal funds provided in this Act 
     shall be obligated or expended to procure passenger 
     automobiles as defined in the Automobile Fuel Efficiency Act 
     of 1980, approved October 10, 1980 (94 Stat. 1824; Public Law 
     96-425; 15 U.S.C. 2001(2)), with an Environmental Protection 
     Agency estimated miles per gallon average of less than 22 
     miles per gallon: Provided, That this section shall not apply 
     to security, emergency rescue, or armored vehicles.
       Sec. 119. (a) Notwithstanding section 422(7) of the 
     District of Columbia Home Rule Act, approved December 24, 
     1973 (87 Stat. 790; Public Law 93-198; D.C. Code, sec. 1-
     242(7)), the City Administrator shall be paid, during any 
     fiscal year, a salary at a rate established by the Mayor, not 
     to exceed the rate established for Level IV of the Executive 
     Schedule under 5 U.S.C. 5315.
       (b) For purposes of applying any provision of law limiting 
     the availability of funds for payment of salary or pay in any 
     fiscal year, the highest rate of pay established by the Mayor 
     under subsection (a) of this section for any position for any 
     period during the last quarter of calendar year 1998 shall be 
     deemed to be the rate of pay payable for that position for 
     September 30, 1998.
       (c) Notwithstanding section 4(a) of the District of 
     Columbia Redevelopment Act of 1945, approved August 2, 1946 
     (60 Stat. 793; Public Law 79-592; D.C. Code, sec. 5-803(a)), 
     the Board of Directors of the District of Columbia 
     Redevelopment Land Agency shall be paid, during any fiscal 
     year, per diem compensation at a rate established by the 
     Mayor.
       Sec. 120. Notwithstanding any other provisions of law, the 
     provisions of the District of Columbia Government 
     Comprehensive Merit Personnel Act of 1978, effective March 3, 
     1979 (D.C. Law 2-139; D.C. Code, sec. 1-601.1 et seq.), 
     enacted pursuant to section 422(3) of the District of 
     Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 
     790; Public Law 93-198; D.C. Code, sec. 1-242(3)), shall 
     apply with respect to the compensation of District of 
     Columbia employees: Provided, That for pay purposes, 
     employees of the District of Columbia government shall not be 
     subject to the provisions of title 5, United States Code.
       Sec. 121. The Director of the Office of Property Management 
     may pay rentals and repair, alter, and improve rented 
     premises, without regard to the provisions of section 322 of 
     the Economy Act of 1932 (Public Law 72-212; 40 U.S.C. 278a), 
     based upon a determination by the Director, that by reason of 
     circumstances set forth in such determination, the payment of 
     these rents and the execution of this work, without reference 
     to the limitations of section 322, is advantageous to the 
     District in terms of economy, efficiency, and the District's 
     best interest.
       Sec. 122. No later than 30 days after the end of the first 
     quarter of the fiscal year ending September 30, 1999, the 
     Mayor of the District of Columbia shall submit to the Council 
     of the District of Columbia the new fiscal year 1999 revenue 
     estimates as of the end of the first quarter of fiscal year 
     1999. These estimates shall be used in the budget request for 
     the fiscal year ending September 30, 2000. The officially 
     revised estimates at midyear shall be used for the midyear 
     report.
       Sec. 123. No sole source contract with the District of 
     Columbia government or any agency thereof may be renewed or 
     extended without opening that contract to the competitive 
     bidding process as set forth in section 303 of the District 
     of Columbia Procurement Practices Act of 1985, effective 
     February 21, 1986 (D.C. Law 6-85; D.C. Code, sec. 1-1183.3), 
     except that the District of Columbia government or any agency 
     thereof may renew or extend sole source contracts for which 
     competition is not feasible or practical: Provided, That the 
     determination as to whether to invoke the competitive bidding 
     process has been made in accordance with duly promulgated 
     rules and procedures and said determination has been reviewed 
     and approved by the District of Columbia Financial 
     Responsibility and Management Assistance Authority.
       Sec. 124. For purposes of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, approved December 12, 1985 (99 
     Stat. 1037; Public Law 99-177), as amended, the term 
     ``program, project, and activity'' shall be synonymous with 
     and refer specifically to each account appropriating Federal 
     funds in this Act, and any sequestration order shall be 
     applied to each of the accounts rather than to the aggregate 
     total of those accounts: Provided, That sequestration orders 
     shall not be applied to any account that is specifically 
     exempted from sequestration by the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
       Sec. 125. In the event a sequestration order is issued 
     pursuant to the Balanced Budget and Emergency Deficit Control 
     Act of 1985, approved December 12, 1985 (99 Stat. 1037; 
     Public Law 99-177), as amended, after the amounts 
     appropriated to the District of Columbia for the fiscal year 
     involved have been paid to the District of Columbia, the 
     Mayor of the District of Columbia shall pay to the Secretary 
     of the Treasury, within 15 days after receipt of a request 
     therefor from the Secretary of the Treasury, such amounts as 
     are sequestered by the order: Provided, That the 
     sequestration percentage specified in the order shall be 
     applied proportionately to each of the Federal appropriation 
     accounts in this Act that are not specifically exempted from 
     sequestration by the Balanced Budget and Emergency Deficit 
     Control Act of 1985.
       Sec. 126. (a) An entity of the District of Columbia 
     government may accept and use a gift or donation during 
     fiscal year 1999 if--
       (1) the Mayor approves the acceptance and use of the gift 
     or donation: Provided, That the Council of the District of 
     Columbia may accept and use gifts without prior approval by 
     the Mayor; and
       (2) the entity uses the gift or donation to carry out its 
     authorized functions or duties.
       (b) Each entity of the District of Columbia government 
     shall keep accurate and detailed records of the acceptance 
     and use of any gift or donation under subsection (a) of this 
     section, and shall make such records available for audit and 
     public inspection.
       (c) For the purposes of this section, the term ``entity of 
     the District of Columbia government'' includes an independent 
     agency of the District of Columbia.
       (d) This section shall not apply to the District of 
     Columbia Board of Education, which may, pursuant to the laws 
     and regulations of the District of Columbia, accept and use 
     gifts to the public schools without prior approval by the 
     Mayor.
       Sec. 127. None of the Federal funds provided in this Act 
     may be used by the District of Columbia to provide for 
     salaries, expenses, or other costs associated with the 
     offices of United States Senator or United States 
     Representative under section 4(d) of the District of Columbia 
     Statehood Constitutional Convention Initiatives of 1979, 
     effective March 10, 1981 (D.C. Law 3-171; D.C. Code, sec. 1-
     113(d)).
       Sec. 128. (a) The University of the District of Columbia 
     shall submit to the Mayor, the District of Columbia Financial 
     Responsibility and Management Assistance Authority (hereafter 
     in this section referred to as ``Authority''), and the 
     Council of the District of Columbia (hereafter in this 
     section referred to as ``Council'') no later than 15 calendar 
     days after the end of each month a report that sets forth--
       (1) current month expenditures and obligations, year-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections versus budget, broken out on the 
     basis of control center, responsibility center, and object 
     class, and for all funds, non-appropriated funds, and capital 
     financing;
       (2) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and for all funding 
     sources;
       (3) a list of all active contracts in excess of $10,000 
     annually, which contains the name of each contractor; the 
     budget to which the contract is charged, broken out on the 
     basis of control center and responsibility center, and 
     contract identifying codes used by the University of the 
     District of Columbia; payments made in the last month and 
     year-to-date, the total amount of the contract and total 
     payments made for the contract and any modifications, 
     extensions, renewals; and specific modifications made to each 
     contract in the last month;

[[Page H11081]]

       (4) all reprogramming requests and reports that have been 
     made by the University of the District of Columbia within the 
     last month in compliance with applicable law; and
       (5) changes made in the last month to the organizational 
     structure of the University of the District of Columbia, 
     displaying previous and current control centers and 
     responsibility centers, the names of the organizational 
     entities that have been changed, the name of the staff member 
     supervising each entity affected, and the reasons for the 
     structural change.
       (b) The Mayor, the Authority, and the Council shall provide 
     the Congress by February 1, 2000, a summary, analysis, and 
     recommendations on the information provided in the monthly 
     reports.
       Sec. 129. Funds authorized or previously appropriated to 
     the government of the District of Columbia by this or any 
     other Act to procure the necessary hardware and installation 
     of new software, conversion, testing, and training to improve 
     or replace its financial management system are also available 
     for the acquisition of accounting and financial management 
     services and the leasing of necessary hardware, software or 
     any other related goods or services, as determined by the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority.
       Sec. 130. None of the funds contained in this Act may be 
     made available to pay the fees of an attorney who represents 
     a party who prevails in an action, including an 
     administrative proceeding, brought against the District of 
     Columbia Public Schools under the Individuals with 
     Disabilities Education Act (20 U.S.C. 1400 et seq.) if--
       (1) the hourly rate of compensation of the attorney exceeds 
     the hourly rate of compensation under section 11-2604(a), 
     District of Columbia Code; or
       (2) the maximum amount of compensation of the attorney 
     exceeds the maximum amount of compensation under section 11-
     2604(b)(1), District of Columbia Code, except that 
     compensation and reimbursement in excess of such maximum may 
     be approved for extended or complex representation in 
     accordance with section 11-2604(c), District of Columbia 
     Code.
       Sec. 131. None of the funds appropriated under this Act 
     shall be expended for any abortion except where the life of 
     the mother would be endangered if the fetus were carried to 
     term or where the pregnancy is the result of an act of rape 
     or incest.
       Sec. 132. U.S. Army Corps of Engineers Services to District 
     of Columbia Public Schools. In using funds made available 
     under this Act or any other Act for the repair and 
     improvement of the District of Columbia's public school 
     facilities, any entity of the District of Columbia 
     government, including the District of Columbia Financial 
     Responsibility and Management Assistance Authority, or its 
     designee, may place orders for engineering and construction 
     and related services with the Chief of Engineers of the U.S. 
     Army Corps of Engineers. The Chief of Engineers may accept 
     such orders on a reimbursable basis and may provide any 
     part of such services by contract. In providing such 
     services, the Chief of Engineers shall follow the Federal 
     Acquisition Regulations and the implementing Department of 
     Defense regulations. This section shall apply to fiscal 
     year 1999 and each fiscal year thereafter.
       Sec. 133. None of the funds made available in this Act may 
     be used to implement or enforce the Health Care Benefits 
     Expansion Act of 1992 (D.C. Law 9-114; D.C. Code, sec. 36-
     1401 et seq.) or to otherwise implement or enforce any system 
     of registration of unmarried, cohabiting couples (whether 
     homosexual, heterosexual, or lesbian), including but not 
     limited to registration for the purpose of extending 
     employment, health, or governmental benefits to such couples 
     on the same basis that such benefits are extended to legally 
     married couples.
       Sec. 134. The Emergency Transitional Education Board of 
     Trustees shall submit to the Congress, the Mayor, the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority, and the Council of the District of 
     Columbia no later than 15 calendar days after the end of each 
     month a report that sets forth--
       (1) current month expenditures and obligations, year-to-
     date expenditures and obligations, and total fiscal year 
     expenditure projections versus budget, broken out on the 
     basis of control center, responsibility center, agency 
     reporting code, and object class, and for all funds, 
     including capital financing;
       (2) a list of each account for which spending is frozen and 
     the amount of funds frozen, broken out by control center, 
     responsibility center, detailed object, and agency reporting 
     code, and for all funding sources;
       (3) a list of all active contracts in excess of $10,000 
     annually, which contains the name of each contractor; the 
     budget to which the contract is charged, broken out on the 
     basis of control center, responsibility center, and agency 
     reporting code; and contract identifying codes used by the 
     District of Columbia Public Schools; payments made in the 
     last month and year-to-date, the total amount of the contract 
     and total payments made for the contract and any 
     modifications, extensions, renewals; and specific 
     modifications made to each contract in the last month;
       (4) all reprogramming requests and reports that are 
     required to be, and have been, submitted to the Board of 
     Education; and
       (5) changes made in the last month to the organizational 
     structure of the D.C. Public Schools, displaying previous and 
     current control centers and responsibility centers, the 
     names of the organizational entities that have been 
     changed, the name of the staff member supervising each 
     entity affected, and the reasons for the structural 
     change.
       Sec. 135. (a) In General.--The Emergency Transitional 
     Education Board of Trustees of the District of Columbia and 
     the University of the District of Columbia shall annually 
     compile an accurate and verifiable report on the positions 
     and employees in the public school system and the university, 
     respectively. The annual report shall set forth--
       (1) the number of validated schedule A positions in the 
     District of Columbia public schools and the University of the 
     District of Columbia for fiscal year 1998, fiscal year 1999, 
     and thereafter on full-time equivalent basis, including a 
     compilation of all positions by control center, 
     responsibility center, funding source, position type, 
     position title, pay plan, grade, and annual salary; and
       (2) a compilation of all employees in the District of 
     Columbia public schools and the University of the District of 
     Columbia as of the preceding December 31, verified as to its 
     accuracy in accordance with the functions that each employee 
     actually performs, by control center, responsibility center, 
     agency reporting code, program (including funding source), 
     activity, location for accounting purposes, job title, grade 
     and classification, annual salary, and position control 
     number.
       (b) Submission.--The annual report required by subsection 
     (a) of this section shall be submitted to the Congress, the 
     Mayor, the District of Columbia Council, the Consensus 
     Commission, and the Authority, not later than February 15 of 
     each year.
       Sec. 136. (a) No later than October 1, 1998, or within 30 
     calendar days after the date of the enactment of this Act, 
     whichever occurs later, and each succeeding year, the 
     Superintendent of the District of Columbia Public Schools and 
     the University of the District of Columbia shall submit to 
     the appropriate congressional committees, the Mayor, the 
     District of Columbia Council, the Consensus Commission, and 
     the District of Columbia Financial Responsibility and 
     Management Assistance Authority, a revised appropriated funds 
     operating budget for the public school system and the 
     University of the District of Columbia for such fiscal year 
     that is in the total amount of the approved appropriation and 
     that realigns budgeted data for personal services and other-
     than-personal services, respectively, with anticipated actual 
     expenditures.
       (b) The revised budget required by subsection (a) of this 
     section shall be submitted in the format of the budget that 
     the Superintendent of the District of Columbia Public Schools 
     and the University of the District of Columbia submit to the 
     Mayor of the District of Columbia for inclusion in the 
     Mayor's budget submission to the Council of the District of 
     Columbia pursuant to section 442 of the District of Columbia 
     Home Rule Act, Public Law 93-198, as amended (D.C. Code, sec. 
     47-301).
       Sec. 137. The Emergency Transitional Education Board of 
     Trustees, the Board of Trustees of the University of the 
     District of Columbia, the Board of Library Trustees, and the 
     Board of Governors of the University of the District of 
     Columbia School of Law shall vote on and approve their 
     respective annual or revised budgets before submission to the 
     Mayor of the District of Columbia for inclusion in the 
     Mayor's budget submission to the Council of the District of 
     Columbia in accordance with section 442 of the District of 
     Columbia Home Rule Act, Public Law 93-198, as amended (D.C. 
     Code, sec. 47-301), or before submitting their respective 
     budgets directly to the Council.
       Sec. 138. (a) Ceiling on Total Operating Expenses.--
       (1) In general.--Notwithstanding any other provision of 
     law, the total amount appropriated in this Act for operating 
     expenses for the District of Columbia for fiscal year 1999 
     under the caption ``Division of Expenses'' shall not exceed 
     the lesser of--
       (A) the sum of the total revenues of the District of 
     Columbia for such fiscal year; or
       (B) $5,211,920,000 (of which $132,912,000 shall be from 
     intra-District funds and $2,865,763,000 shall be from local 
     funds), which amount may be increased by the following:
       (i) proceeds of one-time transactions, which are expended 
     for emergency or unanticipated operating or capital needs 
     approved by the District of Columbia Financial Responsibility 
     and Management Assistance Authority; or
       (ii) after notification to the Council, additional 
     expenditures which the Chief Financial Officer of the 
     District of Columbia certifies will produce additional 
     revenues during such fiscal year at least equal to 200 
     percent of such additional expenditures, and that are 
     approved by the Authority.
       (2) Enforcement.--The Chief Financial Officer of the 
     District of Columbia and the Authority shall take such steps 
     as are necessary to assure that the District of Columbia 
     meets the requirements of this section, including the 
     apportioning by the Chief Financial Officer of the 
     appropriations and funds made available to the District 
     during fiscal year 1999, except that the Chief Financial 
     Officer may not reprogram for operating expenses any funds 
     derived from bonds, notes, or other obligations issued for 
     capital projects.
       (b) Acceptance and Use of Grants Not Included in Ceiling.--
       (1) In general.--Notwithstanding subsection (a), the Mayor, 
     in consultation with the Chief Financial Officer, during a 
     control year, as defined in section 305(4) of the District of 
     Columbia Financial Responsibility and Management Assistance 
     Act of 1995, approved April 17, 1995 (Public Law 104-8; 109 
     Stat. 152), may accept, obligate, and expend Federal, 
     private, and other grants received by the District government 
     that are not reflected in the amounts appropriated in this 
     Act.
       (2) Requirement of chief financial officer report and 
     authority approval.--No such

[[Page H11082]]

     Federal, private, or other grant may be accepted, obligated, 
     or expended pursuant to paragraph (1) until--
       (A) the Chief Financial Officer of the District of Columbia 
     submits to the Authority a report setting forth detailed 
     information regarding such grant; and
       (B) the Authority has reviewed and approved the acceptance, 
     obligation, and expenditure of such grant in accordance with 
     review and approval procedures consistent with the provisions 
     of the District of Columbia Financial Responsibility and 
     Management Assistance Act of 1995.
       (3) Prohibition on spending in anticipation of approval or 
     receipt.--No amount may be obligated or expended from the 
     general fund or other funds of the District government in 
     anticipation of the approval or receipt of a grant under 
     paragraph (2)(B) of this subsection or in anticipation of the 
     approval or receipt of a Federal, private, or other grant not 
     subject to such paragraph.
       (4) Monthly reports.--The Chief Financial Officer of the 
     District of Columbia shall prepare a monthly report setting 
     forth detailed information regarding all Federal, private, 
     and other grants subject to this subsection. Each such report 
     shall be submitted to the Council of the District of 
     Columbia, and to the Committees on Appropriations of the 
     House of Representatives and the Senate, not later than 15 
     days after the end of the month covered by the report.
       (c) Report on Expenditures by Financial Responsibility and 
     Management Assistance Authority.--Not later than 20 calendar 
     days after the end of each fiscal quarter starting October 1, 
     1998, the Authority shall submit a report to the Committees 
     on Appropriations of the House of Representatives and the 
     Senate, the Committee on Government Reform and Oversight of 
     the House, and the Committee on Governmental Affairs of the 
     Senate providing an itemized accounting of all non-
     appropriated funds obligated or expended by the Authority for 
     the quarter. The report shall include information on the 
     date, amount, purpose, and vendor name, and a description of 
     the services or goods provided with respect to the 
     expenditures of such funds.
       (d) Application of Excess Revenues.--Local revenues 
     collected in excess of amounts required to support 
     appropriations in this Act for operating expenses for the 
     District of Columbia for fiscal year 1999 under the caption 
     ``Division of Expenses'' shall be applied first to the 
     elimination of the general fund accumulated deficit; second 
     to a reserve account not to exceed $250,000,000 to be used to 
     finance seasonal cash needs (in lieu of short term 
     borrowings); third to accelerate repayment of cash borrowed 
     from the Water and Sewer Fund; and fourth to reduce the 
     outstanding long-term debt.
       Sec. 139. University of the District of Columbia Investment 
     Authority. Section 108(b) of the District of Columbia Public 
     Education Act (D.C. Code, sec. 31-1408) is amended by 
     striking the period at the end of the sentence and adding the 
     phrase ``, except that the funds appropriated in this section 
     also may be invested in equity-based securities if approved 
     by the Chief Financial Officer of the District of 
     Columbia.''.
       Sec. 140. If a department or agency of the government of 
     the District of Columbia is under the administration of a 
     court-appointed receiver or other court-appointed official 
     during fiscal year 1999 or any succeeding fiscal year, the 
     receiver or official shall prepare and submit to the Mayor, 
     for inclusion in the annual budget of the District of 
     Columbia for the year, annual estimates of the expenditures 
     and appropriations necessary for the maintenance and 
     operation of the department or agency. All such estimates 
     shall be forwarded by the Mayor to the Council, for its 
     action pursuant to sections 446 and 603(c) of the District of 
     Columbia Home Rule Act, without revision but subject to the 
     Mayor's recommendations. Notwithstanding any provision of the 
     District of Columbia Home Rule Act, approved December 24, 
     1973 (87 Stat. 790; Public Law 93-198; D.C. Code sec. 1-101 
     et seq.) the Council may comment or make recommendations 
     concerning such annual estimates but shall have no authority 
     under such Act to revise such estimates.
       Sec. 141. The District of Columbia Financial Responsibility 
     and Management Assistance Authority and the Superintendent of 
     the District of Columbia Public Schools are hereby directed 
     to report to the Appropriations Committees of the Senate and 
     the House of Representatives, the Committee on Governmental 
     Affairs of the Senate, and the Committee on Government Reform 
     and Oversight of the House of Representatives not later than 
     April 1, 1999, on all measures necessary and steps to be 
     taken to ensure that the District's Public Schools open on 
     time to begin the 1999-2000 academic year.
       Sec. 142. (a) Notwithstanding any other provision of law, 
     rule, or regulation, an employee of the District of Columbia 
     public schools shall be--
       (1) classified as an Educational Service employee;
       (2) placed under the personnel authority of the Board of 
     Education; and
       (3) subject to all Board of Education rules.
       (b) School-based personnel shall constitute a separate 
     competitive area from nonschool-based personnel who shall not 
     compete with school-based personnel for retention purposes.
       Sec. 143. (a) Restrictions on Use of Official Vehicles.--
     (1) Except as otherwise provided in this section, none of the 
     funds made available by this Act or by any other Act may be 
     used to provide any officer or employee of the District of 
     Columbia with an official vehicle unless the officer or 
     employee uses the vehicle only in the performance of the 
     officer's or employee's official duties. For purposes of this 
     paragraph, the term ``official duties'' does not include 
     travel between the officer's or employee's residence and 
     workplace (except in the case of an officer or employee of 
     the Metropolitan Police Department who resides in the 
     District of Columbia or is otherwise designated by the Chief 
     of the Department).
       (2) Paragraph (1) shall not apply with respect to any 
     vehicle provided to the officer of the Metropolitan Police 
     Department who was wounded in the line of duty and who is 
     referred to in the letter of July 15, 1998, from the Chief of 
     the Department to the Chair of the Subcommittee on the 
     District of Columbia of the Committee on Appropriations of 
     the House of Representatives. Notwithstanding any other 
     provision of law, the Chief may donate the vehicle to such 
     officer as a gift on behalf of the District of Columbia, and 
     the donation shall not be subject to any Federal, State, or 
     local income or gift tax.
       (3) The Chief Financial Officer of the District of Columbia 
     shall submit, by November 15, 1998, an inventory, as of 
     September 30, 1998, of all vehicles owned, leased or operated 
     by the District of Columbia government. The inventory shall 
     include, but not be limited to, the department to which the 
     vehicle is assigned; the year and make of the vehicle; the 
     acquisition date and cost; the general condition of the 
     vehicle; annual operating and maintenance costs; current 
     mileage; and whether the vehicle is allowed to be taken home 
     by a District officer or employee and if so, the officer or 
     employee's title and resident location.
       Sec. 144. (a) Source of Payment for Employees Detailed 
     Within Government.--For purposes of determining the amount of 
     funds expended by any entity within the District of Columbia 
     government during fiscal year 1999 and each succeeding fiscal 
     year, any expenditures of the District government 
     attributable to any officer or employee of the District 
     government who provides services which are within the 
     authority and jurisdiction of the entity (including any 
     portion of the compensation paid to the officer or employee 
     attributable to the time spent in providing such services) 
     shall be treated as expenditures made from the entity's 
     budget, without regard to whether the officer or employee is 
     assigned to the entity or otherwise treated as an officer or 
     employee of the entity.
       (b) Modification of Reduction in Force Procedures.--The 
     District of Columbia Government Comprehensive Merit Personnel 
     Act of 1978 (D.C. Code, sec. 1-601.1 et seq.), as amended, is 
     further amended in section 2408(a) by deleting ``1998'' and 
     inserting, ``1999''; in subsection (b), by deleting ``1998'' 
     and inserting, ``1999''; in subsection (i), by deleting 
     ``1998'' and inserting, ``1999''; and in subsection (k), by 
     deleting ``1998'' and inserting, ``1999''.
       Sec. 145. Assessment and Placement of Special Education 
     Students. Notwithstanding any other provision of law, not 
     later than 120 days after the date that a District of 
     Columbia Public Schools [DCPS] student is referred for 
     evaluation or assessment--
       (1) the District of Columbia Board of Education (referred 
     to in this section as the ``Board''), or its successor and 
     DCPS shall assess or evaluate a student who may have a 
     disability and who may require special education services; 
     and
       (2) if a student is classified as having a disability, as 
     defined in section 101(a)(1) of the Individuals with 
     Disabilities Education Act (84 Stat. 175; 20 U.S.C. 
     1401(a)(1)) or in section 7(8) of the Rehabilitation Act of 
     1973 (87 Stat. 359; 29 U.S.C. 706(8)), the Board and DCPS 
     shall place that student in an appropriate program of special 
     education services.
       Sec. 146. (a) Compliance With Buy American Act.--None of 
     the funds made available in this Act may be expended by an 
     entity unless the entity agrees that in expending the funds 
     the entity will comply with the Buy American Act (41 U.S.C. 
     10a-10c).
       (b) Sense of the Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products to the greatest extent practicable.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each agency of the Federal or District of 
     Columbia government shall provide to each recipient of the 
     assistance a notice describing the statement made in 
     paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 147. Notwithstanding any provision of any Federally-
     granted charter or any other provision of law, beginning with 
     fiscal year 1999 and for each fiscal year hereafter, the real 
     property of the National Education Association located in the 
     District of Columbia shall be subject to taxation by the 
     District of Columbia in the same manner as any similar 
     organization.
       Sec. 148. None of the funds contained in this Act may be 
     used for purposes of the annual independent audit of the 
     District of Columbia government (including the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority) for fiscal year 1999 unless--
       (1) the audit is conducted by the Inspector General of the 
     District of Columbia pursuant to

[[Page H11083]]

     section 208(a)(4) of the District of Columbia Procurement 
     Practices Act of 1985 (D.C. Code, sec. 1-1182.8(a)(4)); and
       (2) the audit includes a comparison of audited actual year-
     end results with the revenues submitted in the budget 
     document for such year and the appropriations enacted into 
     law for such year.
       Sec. 149. Nothing in this Act shall be construed to 
     authorize any office, agency or entity to expend funds for 
     programs or functions for which a reorganization plan is 
     required but has not been approved by the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority (hereafter in this section referred to as 
     ``Authority''). Appropriations made by this Act for such 
     programs or functions are conditioned only on the approval by 
     the Authority of the required reorganization plans.
       Sec. 150. Notwithstanding any other provision of law, rule, 
     or regulation, the evaluation process and instruments for 
     evaluating District of Columbia Public Schools employees 
     shall be a non-negotiable item for collective bargaining 
     purposes.
       Sec. 151. None of the funds contained in this Act may be 
     used by the District of Columbia Corporation Counsel or any 
     other officer or entity of the District government to provide 
     assistance for any petition drive or civil action which seeks 
     to require Congress to provide for voting representation in 
     Congress for the District of Columbia.
       Sec. 152. The District of Columbia Financial Responsibility 
     and Management Assistance Authority (hereafter in this 
     section referred to as ``Authority'') shall report to the 
     Appropriations Committees of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform and Oversight 
     of the House of Representatives, by February 15, 1999, on the 
     status of all partnerships or agreements entered into from 
     January 1, 1994 through September 30, 1998, between the 
     District of Columbia government and any nonprofit 
     organization that provides medical care, substance abuse 
     treatment, low income housing, food and shelter services, 
     abstinance programs, or educational services to children, 
     adults and families residing in the District. For those 
     partnerships or agreements that have been terminated, the 
     Authority shall report to Congress on the plans by the 
     District government for reinitiating the partnerships or 
     agreements with the respective nonprofit organization.
       Sec. 153. The Residency Requirement Reinstatement Amendment 
     Act of 1998 (D.C. Act 12-340) is hereby repealed.
       Sec. 154. None of the funds contained in this Act may be 
     used after April 1, 1999, to transfer or confine inmates 
     classified above the medium security level, as defined by the 
     Federal Bureau of Prisons classification instrument, to the 
     Northeast Ohio Correctional Center located in Youngstown, 
     Ohio.
       Sec. 155. Reserve.--The District of Columbia Financial 
     Responsibility and Management Assistance Act of 1995, Public 
     Law 104-8, sec. 202 is amended to include the following:
       ``(i) Reserve.--Beginning with fiscal year 2000, the plan 
     or budget submitted pursuant to this Act shall contain 
     $150,000,000 for a reserve to be established by the Chief 
     Financial Officer for the District of Columbia and the 
     District of Columbia Financial Responsibility and Management 
     Assistance Authority: Provided, That the reserve shall only 
     be expended according to criteria established by the Chief 
     Financial Officer and approved by the District of Columbia 
     Financial Responsibility and Management Assistance 
     Authority.''.
       Sec. 156. Library Fundraising Authority.--D.C. Code Section 
     37-105 is amended by striking the word ``and'' after section 
     (11) and striking the period after section (12) and adding 
     the following phrase:
       ``, (13) Notwithstanding any other provision of law, the 
     Board of Trustees of the District of Columbia Public Library 
     is authorized to hire a fund raiser and to raise funds from 
     private sources and expend those funds for the benefit of the 
     District of Columbia Public Library, with the prior review 
     and approval of the Chief Financial Officer for the District 
     of Columbia and the District of Columbia Financial 
     Responsibility and Management Assistance Authority.''.
       Sec. 157. District of Columbia Adoption Improvement Act of 
     1998. (a) Short Title.--This section may be cited as the 
     ``District of Columbia Adoption Improvement Act of 1998''.
       (b) Database.--The District of Columbia Child and Family 
     Services Agency (referred to as ``CFSA'') shall maintain an 
     accurate database listing and tracking any child found by the 
     Family Division of the District of Columbia Superior Court to 
     be abused or neglected and who is in the custody of the 
     District of Columbia, including any child with the goal of 
     adoption or legally free for adoption.
       (c) Contracting With Private Service Providers.--
       (1) Private contracts.--Not later than September 30, 1999, 
     CFSA shall enter into contracts with private service 
     providers to perform some of the adoption recruitment and 
     placement functions of CFSA, which may include recruitment, 
     homestudy, and placement services.
       (2) Competitive bidding.--Any contract entered into 
     pursuant to paragraph (1) shall be subject to a competitive 
     bidding process when required by CFSA contracting policies 
     and procedures.
       (3) Performance-based compensation.--
       (A) In general.--Any contract entered into pursuant to 
     paragraph (1) shall compensate the winning bidder pursuant to 
     paragraph (2) upon completion of contract deliverables.
       (B) Contract deliverables.--In identifying contract 
     deliverables, CFSA shall consider--
       (i) in the case of recruitment, receipt of a list of 
     potential adoptive families;
       (ii) in the case of homestudies, receipt of a completed 
     homestudy in a form specified in advance by CFSA; or
       (iii) in the case of placements, the child is placed in an 
     adoptive home approved by CFSA or the adoption is finalized.
       (4) Types of contracts.--Nothing in this section shall be 
     construed to prevent CFSA from entering into contracts that 
     provide for multiple deliverables or conditions for partial 
     payment.
       (5) Removal of barriers to adoption.--CFSA shall meet with 
     contractors to address issues identified during the term of a 
     contract entered into pursuant to this section, including 
     issues related to barriers to timely adoptions.
       Sec. 158. Clarification of Responsibility for Adult 
     Offender Supervision in the District of Columbia. (a) Section 
     11233(b)(2) of the National Capital Revitalization and Self-
     Government Improvement Act of 1997 (Public Law 105-33) is 
     amended by--
       (1) striking ``; and'' in subparagraph (F) and inserting 
     ``;'';
       (2) striking ``Columbia.'' in subparagraph (G) and 
     inserting ``Columbia; and''; and
       (3) inserting after subparagraph (G) the following:
       ``(H) carry out all functions which have heretofore been 
     carried out by the Social Services Division of the Superior 
     Court relating to supervision of adults subject to protection 
     orders or provision of services for or related to such 
     persons.''.
       (b) Section 11-1722 of the District of Columbia Code is 
     amended--
       (1) in subsection (a)--
       (A) by inserting ``juvenile'' after ``all'' in the first 
     sentence; and
       (B) by amending the second sentence to read as follows: 
     ``The Director shall have no jurisdiction over any adult 
     under supervision.'';
       (2) in subsection (b), inserting ``including the agency 
     established by section 11233(a) of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997,'' 
     after ``Columbia,''; and
       (3) in subsection (c), by inserting ``juvenile'' after 
     ``of''.
       Sec. 159. Public Law 104-8 is amended by adding new section 
     109 as follows:

     ``SEC. 109. CHIEF MANAGEMENT OFFICER.

       ``(a) The Authority may employ a Chief Management Officer 
     of the District of Columbia, who shall be appointed by the 
     Chair with the consent of the Authority. The Chief Management 
     Officer shall assist the Authority in the fulfillment of its 
     responsibilities under the District of Columbia Management 
     Reform Act of 1997, subtitle B of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997, 
     title XI of Public Law 105-33, to improve the effectiveness 
     and efficiency of the District of Columbia Government. The 
     Authority may delegate to the Chief Management Officer 
     responsibility for oversight and supervision of departments 
     and functions of the District of Columbia Government, or 
     successor departments and functions, consistent with the 
     District of Columbia Management Reform Act of 1997, subtitle 
     B of the National Capital Revitalization and Self-Government 
     Improvement Act of 1997, title XI of Public Law 105-33. The 
     Chief Management Officer shall report directly to 
     the Authority, through the Chair of the Authority, and 
     shall be directed in his or her performance by a majority 
     of the Authority. The Chief Management Officer shall be 
     paid at an annual rate determined by the Authority 
     sufficient in the judgment of the Authority to obtain the 
     services of an individual with the skills and experience 
     required to discharge the duties of the office.
       ``(b) Employment Contract.--Notwithstanding any other 
     provision of law, the employment agreement entered into as of 
     January 15, 1998, between the Chief Management Officer and 
     the District of Columbia Financial Responsibility and 
     Management Assistance Authority shall be valid in all 
     respects.''.
       Sec. 160. Section 1-1182.8(a)(4)(A) of the D.C. Code is 
     amended to read as follows--
       ``(A) Audit the financial statement and report described in 
     paragraph (3)(H) for a fiscal year, except that the financial 
     statement and report may not be audited by the same auditor 
     (or an auditor employed by or affiliated with the same 
     auditor) for more than 5 consecutive fiscal years; and''.
       Sec. 161. Deficit Reduction and Revitalization.--
     Notwithstanding any other provision of law or this Act, funds 
     allocated to management reform by the District of Columbia 
     Financial Responsibility and Management Assistance Authority 
     under this heading in Public Law 105-100 (111 Stat. 2159), as 
     contained in the Authority's notification of June 24, 1998, 
     shall remain available for management reform until September 
     30, 1999: Provided, That said funds shall not exceed 
     $3,200,000.
       Sec. 162. Prompt Payments. (a) Section 3901 of title 31, 
     United States Code is amended by adding at the end the 
     following new subsection (d):
       ``(d)(1) Notwithstanding subsection (a)(1) of this section, 
     this chapter, except section 3907 of this title, applies to 
     the District of Columbia Courts.
       ``(2) A claim for an interest penalty not paid under this 
     chapter may be filed in the same manner as claims are filed 
     with respect to contracts to provide property or services for 
     the District of Columbia Courts.
       ``(3)(A) Except as provided in subparagraph (B), an 
     interest penalty under this chapter does not continue to 
     accrue for more than one year or after a claim for an 
     interest penalty is filed in the manner described in 
     paragraph (2), whichever is earlier.
       ``(B) If a claim for an interest penalty is filed in the 
     manner described in paragraph (2) and interest is not 
     available for such claims under the laws and regulations 
     governing claims under contracts to provide property or 
     services for the District of Columbia Courts, interest will

[[Page H11084]]

     accrue under this chapter as provided in paragraph (A) and 
     from the date the claim is filed until the date the claim is 
     paid.
       ``(4) Paragraph (3) of this subsection does not prevent an 
     interest penalty from accruing on a claim if such interest is 
     available for such claim under the laws and regulations 
     governing claims under contracts to provide property or 
     services for the District of Columbia Courts. Such interest 
     may accrue on an unpaid contract payment and on the unpaid 
     penalty under this chapter.
       ``(5) Except as provided in section 3904 of this title, 
     this chapter does not require an interest penalty on a 
     payment that is not made because of a dispute between the 
     head of an agency and a business concern over the amount of 
     payment or compliance with the contract. A claim related to 
     the dispute, and any interest payable for the period during 
     which the dispute is being resolved, is subject to the laws 
     and regulations governing claims under contracts to provide 
     property or services for the District of Columbia Courts.''.
       Sec. 163. Section 147 of the Nation's Capital Bicentennial 
     Designation Act (Public Law 105-100; 111 Stat. 2180) is 
     amended--
       (1) in subsection (a)(3)(B) by striking ``President's Day'' 
     and inserting ``Washington's Birthday'';
       (2) in subsection (b)(1) by striking ``President's Day'' 
     and inserting ``Washington's Birthday''.
       Sec. 164. Section 101(b) of the District of Columbia 
     Financial Responsibility and Management Assistance Act of 
     1995, Public Law 104-8, 109 Stat. 97, is amended by adding at 
     the end of paragraph (5) the following new subparagraph:
       ``(D) Continuation of service until successor appointed.--
     Upon the expiration of a term of office, a member of the 
     Authority may continue to serve until a successor has been 
     appointed.''
       Sec. 165. Section 456(d)(2) of the District of Columbia 
     Home Rule Act (87 Stat. 774; Public Law 93-198, as amended) 
     is amended by adding at the end:
       ``(H) A statement of the balance of each account held by 
     the District of Columbia Financial Responsibility and 
     Management Assistance Authority as of the end of the quarter, 
     together with a description of the activities within each 
     such account during the quarter based on information supplied 
     by the Authority.''.
       Sec. 166. No funds made available pursuant to any provision 
     of this Act or any other Act now or hereafter enacted shall 
     be used to capitalize the National Capital Revitalization 
     Corporation or for the purpose of implementing the National 
     Capital Revitalization Act of 1998 (D.C. Act 12-355) until at 
     least 30 days after the District of Columbia Financial 
     Responsibility and Management Assistance Authority submits to 
     the appropriate committees of Congress an economic 
     development strategy.
       Sec. 167. The District of Columbia government shall 
     maintain for fiscal year 1999 the same funding levels as 
     provided in fiscal year 1997 for homeless services in the 
     District of Columbia: Provided, That in addition to such 
     amounts, $1,000,000 shall be paid to The Doe Fund for its 
     Ready, Willing & Able program in Washington, D.C.
       Sec. 168. (a) No later than November 1, 1998, or within 30 
     calendar days after the date of the enactment of this Act, 
     whichever occurs later, the Chief Financial Officer shall 
     submit to the appropriate committees of Congress, the Mayor, 
     and the District of Columbia Financial Responsibility and 
     Management Assistance Authority a revised appropriated funds 
     operating budget for all agencies of the District of Columbia 
     government for such fiscal year that is in the total amount 
     of the approved appropriation and that realigns budgeted data 
     for personal services and other-than-personal-services, 
     respectively, with anticipated actual expenditures.
       (b) The revised budget required by subsection (a) of this 
     section shall be submitted in the format of the budget that 
     the District of Columbia government submitted pursuant to 
     section 442 of the District of Columbia Home Rule Act, Public 
     Law 93-198, as amended (D.C. Code, sec. 47-301).
       Sec. 169. Notwithstanding section 602(c)(1) of the District 
     of Columbia Home Rule Act, approved December 24, 1973, as 
     amended (87 Stat. 813; Public Law 93-198; D.C. Code, sec. 1-
     233(c)(1), D.C. Act 12-421), ``Oyster Elementary School 
     Construction and Revenue Bond Act of 1998'', shall take 
     effect upon the date of enactment of this Act.
       Sec. 170. None of the funds contained in this Act may be 
     used for any program of distributing sterile needles or 
     syringes for the hypodermic injection of any illegal drug, or 
     for any payment to any individual or entity who carries out 
     any such program.
       Sec. 171. None of the funds contained in this Act may be 
     used to conduct any ballot initiative which seeks to legalize 
     or otherwise reduce penalties associated with the possession, 
     use, or distribution of any schedule I substance under the 
     Controlled Substances Act (21 U.S.C. 802) or any 
     tetrahydrocannabinols derivative.
       This Act may be cited as the ``District of Columbia 
     Appropriations Act, 1999''.

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE


                export-import bank of the united states

       The Export-Import Bank of the United States is authorized 
     to make such expenditures within the limits of funds and 
     borrowing authority available to such corporation, and in 
     accordance with law, and to make such contracts and 
     commitments without regard to fiscal year limitations, as 
     provided by section 104 of the Government Corporation Control 
     Act, as may be necessary in carrying out the program for the 
     current fiscal year for such corporation: Provided, That none 
     of the funds available during the current fiscal year may be 
     used to make expenditures, contracts, or commitments for the 
     export of nuclear equipment, fuel, or technology to any 
     country other than a nuclear-weapon state as defined in 
     Article IX of the Treaty on the Non-Proliferation of Nuclear 
     Weapons eligible to receive economic or military assistance 
     under this Act that has detonated a nuclear explosive after 
     the date of enactment of this Act.


                         subsidy appropriation

       For the cost of direct loans, loan guarantees, insurance, 
     and tied-aid grants as authorized by section 10 of the 
     Export-Import Bank Act of 1945, as amended, $765,000,000 to 
     remain available until September 30, 2002: Provided, That 
     such costs, including the cost of modifying such loans, shall 
     be as defined in section 502 of the Congressional Budget Act 
     of 1974: Provided further, That such sums shall remain 
     available until 2013 for the disbursement of direct loans, 
     loan guarantees, insurance and tied-aid grants obligated in 
     fiscal years 1999, 2000, 2001, and 2002: Provided further, 
     That none of the funds appropriated by this Act or any prior 
     Act appropriating funds for foreign operations, export 
     financing, or related programs for tied-aid credits or grants 
     may be used for any other purpose except through the regular 
     notification procedures of the Committees on Appropriations: 
     Provided further, That funds appropriated by this paragraph 
     are made available notwithstanding section 2(b)(2) of the 
     Export Import Bank Act of 1945, in connection with the 
     purchase or lease of any product by any East European 
     country, any Baltic State or any agency or national thereof.


                        administrative expenses

       For administrative expenses to carry out the direct and 
     guaranteed loan and insurance programs (to be computed on an 
     accrual basis), including hire of passenger motor vehicles 
     and services as authorized by 5 U.S.C. 3109, and not to 
     exceed $22,500 for official reception and representation 
     expenses for members of the Board of Directors, $50,000,000: 
     Provided, That necessary expenses (including special services 
     performed on a contract or fee basis, but not including other 
     personal services) in connection with the collection of 
     moneys owed the Export-Import Bank, repossession or sale 
     of pledged collateral or other assets acquired by the 
     Export-Import Bank in satisfaction of moneys owed the 
     Export-Import Bank, or the investigation or appraisal of 
     any property, or the evaluation of the legal or technical 
     aspects of any transaction for which an application for a 
     loan, guarantee or insurance commitment has been made, 
     shall be considered nonadministrative expenses for the 
     purposes of this heading: Provided further, That, 
     notwithstanding subsection (b) of section 117 of the 
     Export Enhancement Act of 1992, subsection (a) thereof 
     shall remain in effect until October 1, 1999.


                overseas private investment corporation

                           noncredit account

       The Overseas Private Investment Corporation is authorized 
     to make, without regard to fiscal year limitations, as 
     provided by 31 U.S.C. 9104, such expenditures and commitments 
     within the limits of funds available to it and in accordance 
     with law as may be necessary: Provided, That the amount 
     available for administrative expenses to carry out the credit 
     and insurance programs (including an amount for official 
     reception and representation expenses which shall not exceed 
     $35,000) shall not exceed $32,500,000 of which not more than 
     $27,500,000 may be made available until the Corporation 
     reports to the Committees on Appropriations on measures taken 
     to (1) establish sector specific investment funds; and (2) 
     support regional investment initiatives in Georgia, Armenia 
     and Azerbaijan through the Caucasus Fund: Provided further, 
     That project-specific transaction costs, including direct and 
     indirect costs incurred in claims settlements, and other 
     direct costs associated with services provided to specific 
     investors or potential investors pursuant to section 234 of 
     the Foreign Assistance Act of 1961, shall not be considered 
     administrative expenses for the purposes of this heading.


                            program account

       For the cost of direct and guaranteed loans, $50,000,000, 
     as authorized by section 234 of the Foreign Assistance Act of 
     1961 to be derived by transfer from the Overseas Private 
     Investment Corporation Noncredit Account: Provided, That such 
     costs, including the cost of modifying such loans, shall be 
     as defined in section 502 of the Congressional Budget Act of 
     1974: Provided further, That such sums shall be available for 
     direct loan obligations and loan guaranty commitments 
     incurred or made during fiscal years 1999 and 2000: Provided 
     further, That such sums shall remain available through fiscal 
     year 2007 for the disbursement of direct and guaranteed loans 
     obligated in fiscal year 1999, and through fiscal year 2008 
     for the disbursement of direct and guaranteed loans obligated 
     in fiscal year 2000: Provided further, That in addition, such 
     sums as may be necessary for administrative expenses to carry 
     out the credit program may be derived from amounts available 
     for administrative expenses to carry out the credit and 
     insurance programs in the Overseas Private Investment 
     Corporation Noncredit Account and merged with said account.

                  Funds Appropriated to the President


                      trade and development agency

       For necessary expenses to carry out the provisions of 
     section 661 of the Foreign Assistance Act of 1961, 
     $44,000,000, to remain available until September 30, 2000: 
     Provided, That the Trade and Development Agency may receive 
     reimbursements from corporations and other entities for the 
     costs of grants for feasibility studies and other project 
     planning services, to be deposited as an offsetting 
     collection to this account and to be available for obligation 
     until September 30, 2000, for necessary expenses under this 
     paragraph: Provided further, That such reimbursements shall 
     not cover, or be allocated against,

[[Page H11085]]

     direct or indirect administrative costs of the agency.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Funds Appropriated to the President

       For expenses necessary to enable the President to carry out 
     the provisions of the Foreign Assistance Act of 1961, and for 
     other purposes, to remain available until September 30, 
     1999, unless otherwise specified herein, as follows:


                  agency for international development

                child survival and disease programs fund

       For necessary expenses to carry out the provisions of 
     chapters 1 and 10 of part I of the Foreign Assistance Act of 
     1961, for child survival, basic education, assistance to 
     combat tropical and other diseases, and related activities, 
     in addition to funds otherwise available for such purposes, 
     $650,000,000, to remain available until expended: Provided, 
     That this amount shall be made available for such activities 
     as: (1) immunization programs; (2) oral rehydration programs; 
     (3) health and nutrition programs, and related education 
     programs, which address the needs of mothers and children; 
     (4) water and sanitation programs; (5) assistance for 
     displaced and orphaned children; (6) programs for the 
     prevention, treatment, and control of, and research on, 
     tuberculosis, HIV/AIDS, polio, malaria and other diseases; 
     and (7) up to $98,000,000 for basic education programs for 
     children: Provided further, That none of the funds 
     appropriated under this heading may be made available for 
     nonproject assistance for health and child survival programs, 
     except that funds may be made available for such assistance 
     for ongoing health programs.


                         development assistance

                     (including transfer of funds)

       For necessary expenses to carry out the provisions of 
     sections 103 through 106, and chapter 10 of part I of the 
     Foreign Assistance Act of 1961, title V of the International 
     Security and Development Cooperation Act of 1980 (Public Law 
     96-533) and the provisions of section 401 of the Foreign 
     Assistance Act of 1969, $1,225,000,000, to remain available 
     until September 30, 2000: Provided, That of the amount 
     appropriated under this heading, up to $20,000,000 may be 
     made available for the Inter-American Foundation and shall be 
     apportioned directly to that Agency: Provided further, That 
     of the amount appropriated under this heading, up to 
     $11,000,000 may be made available for the African Development 
     Foundation and shall be apportioned directly to that agency: 
     Provided further, That none of the funds made available in 
     this Act nor any unobligated balances from prior 
     appropriations may be made available to any organization or 
     program which, as determined by the President of the United 
     States, supports or participates in the management of a 
     program of coercive abortion or involuntary sterilization: 
     Provided further, That none of the funds made available under 
     this heading may be used to pay for the performance of 
     abortion as a method of family planning or to motivate or 
     coerce any person to practice abortions; and that in order to 
     reduce reliance on abortion in developing nations, funds 
     shall be available only to voluntary family planning 
     projects which offer, either directly or through referral 
     to, or information about access to, a broad range of 
     family planning methods and services, and that any such 
     voluntary family planning project shall meet the following 
     requirements: (1) service providers of referral agents in 
     the project shall not implement or be subject to quotas, 
     or other numerical targets, of total number of births, 
     number of family planning acceptors, or acceptors of a 
     particular method of family planning (this provision shall 
     not be construed to include the use of quantitative 
     estimates or indicators for budgeting and planning 
     purposes), (2) the project shall not include payment of 
     incentives, bribes, gratuities, or financial reward to (A) 
     an individual in exchange for becoming a family planning 
     acceptor, or (B) program personnel for achieving a 
     numerical target or quota of total number of births, 
     number of family planning acceptors, or acceptors of a 
     particular method of family planning, (3) the project 
     shall not deny any right or benefit, including the right 
     of access to participate in any program of general welfare 
     or the right of access to health care, as a consequence of 
     any individual's decision not to accept family planning 
     services, (4) the project shall provide family planning 
     acceptors comprehensible information on the health 
     benefits and risks of the method chosen, including those 
     conditions that might render the use of the method 
     inadvisable and those adverse side effects known to be 
     consequent to the use of the method, (5) the project shall 
     ensure that experimental contraceptive drugs and devices 
     and medical procedures are provided only in the context of 
     a scientific study in which participants are advised of 
     potential risks and benefits; and, not less than 60 days 
     after the date on which the Administrator of the Untied 
     States Agency for International Development determines 
     that there has been a violation of the requirements 
     contained in paragraphs (1), (2), (3), or (5) of this 
     proviso, or a pattern or practice of violations of the 
     requirements contained in paragraph (4) of this proviso, 
     the Administrator shall submit to the Committee on 
     International Relations and the Committee on 
     Appropriations of the House of Representatives and to the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate, a report containing a 
     description of such violation and the corrective action 
     taken by the Agency: Provided further, That in awarding 
     grants for natural family planning under section 104 of 
     the Foreign Assistance Act of 1961 no applicant shall be 
     discriminated against because of such applicant's 
     religious or conscientious commitment to offer only 
     natural family planning; and, additionally, all such 
     applicants shall comply with the requirements of the 
     previous proviso: Provided further, That for purposes of 
     this or any other Act authorizing or appropriating funds 
     for foreign operations, export financing, and related 
     programs, the term ``motivate'', as it relates to family 
     planning assistance, shall not be construed to prohibit 
     the provision, consistent with local law, of information 
     or counseling about all pregnancy options: Provided 
     further, That nothing in this paragraph shall be construed 
     to alter any existing statutory prohibitions against 
     abortion under section 104 of the Foreign Assistance Act 
     of 1961: Provided further, That, notwithstanding section 
     109 of the Foreign Assistance Act of 1961, of the funds 
     appropriated under this heading in this Act, and of the 
     unobligated balances of funds previously 
     appropriated under this heading, $2,500,000 may be 
     transferred to ``International Organizations and 
     Programs'' for a contribution to the International Fund 
     for Agricultural Development (IFAD): Provided further, 
     That none of the funds appropriated under this heading may 
     be made available for any activity which is in 
     contravention to the Convention on International Trade in 
     Endangered Species of Flora and Fauna (CITES): Provided 
     further, That none of the funds appropriated under this 
     heading may be made available for assistance for the 
     central Government of the Republic of South Africa, until 
     the Secretary of State reports in writing to the 
     appropriate committees of the Congress on the steps being 
     taken by the United States Government to work with the 
     Government of the Republic of South Africa to negotiate 
     the repeal, suspension, or termination of section 15(c) of 
     South Africa's Medicines and Related Substances Control 
     Amendment Act No. 90 of 1997: Provided further, That of 
     the funds appropriated under this heading that are made 
     available for assistance programs for displaced and 
     orphaned children and victims of war, not to exceed 
     $25,000, in addition to funds otherwise available for such 
     purposes, may be used to monitor and provide oversight of 
     such programs: Provided further, That of the funds 
     appropriated under this heading, not less than $1,500,000 
     should be made available for agriculture programs in Laos: 
     Provided further, That of the funds appropriated under 
     this heading not less than $500,000 should be made 
     available for support of the United States 
     Telecommunications Training Institute: Provided further, 
     That, of the funds made available by this Act for the 
     ``Microenterprise Initiative'' (including any local 
     currencies made available for the purposes of the 
     Initiative), not less than 50 percent of the funds used 
     for microcredit should be made available for support of 
     programs providing loans of less than $300 to very poor 
     people, particularly women, or for institutional support 
     of organizations primarily engaged in making such loans.


                                 cyprus

       Of the funds appropriated under the headings ``Development 
     Assistance'' and ``Economic Support Fund'', not less than 
     $15,000,000 shall be made available for Cyprus to be used 
     only for scholarships, administrative support of the 
     scholarship program, bicommunal projects, and measures aimed 
     at reunification of the island and designed to reduce 
     tensions and promote peace and cooperation between the two 
     communities on Cyprus.


                                 burma

       Of the funds appropriated under the headings ``Economic 
     Support Fund'' and ``Development Assistance'', not less than 
     $6,500,000 shall be made available to support democracy 
     activities in Burma, democracy and humanitarian activities 
     along the Burma-Thailand border, and for Burmese student 
     groups and other organizations located outside Burma: 
     Provided, That funds made available for Burma-related 
     activities under this heading may be made available 
     notwithstanding any other provision of law: Provided further, 
     That the provision of such funds shall be made available 
     subject to the regular notification procedures of the 
     Committees on Appropriations.


                                Cambodia

       None of the funds appropriated by this Act may be made 
     available for activities or programs for Cambodia until the 
     Secretary of State determines and reports to the Committees 
     on Appropriations that the Government of Cambodia has: (1) 
     thoroughly and credibly resolved all election-related 
     disputes and complaints filed by all political parties to the 
     National Election Commission and the Constitutional Council; 
     (2) discontinued all political violence and intimidation of 
     journalists and members of opposition parties; and (3) been 
     formed through credible, democratic elections: Provided, That 
     the restrictions under this heading shall not apply to 
     demining or activities administered by nongovernmental 
     organizations: Provided further, That such funds shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations.


                               INDONESIA

       Of the funds appropriated under the headings ``Economic 
     Support Fund'' and ``Development Assistance'', not less than 
     $75,000,000 shall be made available for assistance for 
     Indonesia: Provided, That of this amount, not less than 
     $15,000,000 should be made available for activities 
     administered by the Office of Transition Initiatives: 
     Provided further, That of the amount made available under 
     this heading up to $25,000,000 may be derived from funds that 
     are available for obligation pursuant to section 511 of this 
     Act or any comparable provision of law.


                  private and voluntary organizations

       None of the funds appropriated or otherwise made available 
     by this Act for development assistance may be made available 
     to any United States private and voluntary organization, 
     except any cooperative development organization, which 
     obtains less than 20 percent of its total annual funding for 
     international activities from

[[Page H11086]]

     sources other than the United States Government: Provided, 
     That the Administrator of the Agency for International 
     Development may, on a case-by-case basis, waive the 
     restriction contained in this paragraph, after taking into 
     account the effectiveness of the overseas development 
     activities of the organization, its level of volunteer 
     support, its financial viability and stability, and the 
     degree of its dependence for its financial support on the 
     agency: Provided further, That section 123(g) of the Foreign 
     Assistance Act of 1961 and the paragraph entitled ``Private 
     and Voluntary Organizations'' in title II of the Foreign 
     Assistance and Related Programs Appropriations Act, 1985 (as 
     enacted in Public Law 98-473) are hereby repealed.
       Funds appropriated or otherwise made available under title 
     II of this Act should be made available to private and 
     voluntary organizations at a level which is at least 
     equivalent to the level provided in fiscal year 1995. Such 
     private and voluntary organizations shall include those which 
     operate on a not-for-profit basis, receive contributions from 
     private sources, receive voluntary support from the public 
     and are deemed to be among the most cost-effective and 
     successful providers of development assistance.


                   international disaster assistance

       For necessary expenses for international disaster relief, 
     rehabilitation, and reconstruction assistance pursuant to 
     section 491 of the Foreign Assistance Act of 1961, as 
     amended, $200,000,000, to remain available until expended.


         micro and small enterprise development program account

       For the cost of direct loans and loan guarantees, 
     $1,500,000, as authorized by section 108 of the Foreign 
     Assistance Act of 1961, as amended: Provided, That such  
     costs shall be as defined in section 502 of the 
     Congressional Budget Act of 1974: Provided further, That 
     guarantees of loans made under this heading in support of 
     microenterprise activities may guarantee up to 70 percent 
     of the principal amount of any such loans notwithstanding 
     section 108 of the Foreign Assistance Act of 1961. In 
     addition, for administrative expenses to carry out 
     programs under this heading, $500,000, all of which may be 
     transferred to and merged with the appropriation for 
     Operating Expenses of the Agency for International 
     Development: Provided further, That funds made available 
     under this heading shall remain available until September 
     30, 2000.


             urban and environmental credit program account

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of guaranteed loans 
     authorized by sections 221 and 222 of the Foreign Assistance 
     Act of 1961, including the cost of guaranteed loans designed 
     to promote the urban and environmental policies and 
     objectives of part I of such Act, $1,500,000, to remain 
     available until expended: Provided, That these funds are 
     available to subsidize loan principal, 100 per centum of 
     which shall be guaranteed, pursuant to the authority of such 
     sections. In addition, for administrative expenses to carry 
     out guaranteed loan programs, $5,000,000, all of which may be 
     transferred to and merged with the appropriation for 
     Operating Expenses of the Agency for International 
     Development: Provided further, That commitments to guarantee 
     loans under this heading may be entered into notwithstanding 
     the second and third sentences of section 222(a) of the 
     Foreign Assistance Act of 1961, and the third and fourth 
     sentences of section 223(j) of such Act are repealed.


     payment to the foreign service retirement and disability fund

       For payment to the ``Foreign Service Retirement and 
     Disability Fund'', as authorized by the Foreign Service Act 
     of 1980, $44,552,000.


     operating expenses of the agency for international development

       For necessary expenses to carry out the provisions of 
     section 667, $479,950,000: Provided, That none of the funds 
     appropriated by this Act for programs administered by the 
     Agency for International Development may be used to finance 
     printing costs of any report or study (except feasibility, 
     design, or evaluation reports or studies) in excess of 
     $25,000 without the approval of the Administrator of the 
     Agency or the Administrator's designee.


 operating expenses of the agency for international development office 
                          of inspector general

       For necessary expenses to carry out the provisions of 
     section 667, $30,750,000, to remain available until September 
     30, 2000, which sum shall be available for the Office of the 
     Inspector General of the Agency for International 
     Development.

                  Other Bilateral Economic Assistance


                         economic support fund

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II, $2,367,000,000, to remain available 
     until September 30, 2000: Provided, That of the funds 
     appropriated under this heading, not less than $1,080,000,000 
     shall be available only for Israel, which sum shall be 
     available on a grant basis as a cash transfer and shall be 
     disbursed within thirty days of enactment of this Act or by 
     October 31, 1998, whichever is later: Provided further, That 
     not less than $775,000,000 shall be available only for Egypt, 
     which sum shall be provided on a grant basis, and of which 
     sum cash transfer assistance shall be provided with the 
     understanding that Egypt will undertake significant economic 
     reforms which are additional to those which were undertaken 
     in previous fiscal years: Provided further, That in 
     exercising the authority to provide cash transfer assistance 
     for Israel, the President shall ensure that the level of such 
     assistance does not cause an adverse impact on the total 
     level of nonmilitary exports from the United States to such 
     country: Provided further, That of the funds appropriated 
     under this heading, not less than $150,000,000 should be made 
     available for assistance for Jordan: Provided further, That 
     notwithstanding any other provision of law, not to exceed 
     $10,000,000 may be used to support victims of the Holocaust.


                     international fund for ireland

       For necessary expenses to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961, 
     $19,600,000, which shall be available for the United States 
     contribution to the International Fund for Ireland and shall 
     be made available in accordance with the provisions of the 
     Anglo-Irish Agreement Support Act of 1986 (Public Law 99-
     415): Provided, That such amount shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities: Provided further, That funds made available 
     under this heading shall remain available until September 30, 
     2000.


          assistance for eastern europe and the baltic states

       (a) For necessary expenses to carry out the provisions of 
     the Foreign Assistance Act of 1961 and the Support  for East 
     European Democracy (SEED) Act of 1989, $430,000,000, to 
     remain available until September 30, 2000, which shall be 
     available, notwithstanding any other provision of law, for 
     economic assistance and for related programs for Eastern 
     Europe and the Baltic States.
       (b) Funds appropriated under this heading shall be 
     considered to be economic assistance under the Foreign 
     Assistance Act of 1961 for purposes of making available the 
     administrative authorities contained in that Act for the use 
     of economic assistance.
       (c) None of the funds appropriated under this heading may 
     be made available for new housing construction or repair or 
     reconstruction of existing housing in Bosnia and Herzegovina 
     unless directly related to the efforts of United States 
     troops to promote peace in said country.
       (d) With regard to funds appropriated under this heading 
     for the economic revitalization program in Bosnia and 
     Herzegovina, and local currencies generated by such funds 
     (including the conversion of funds appropriated under this 
     heading into currency used by Bosnia and Herzegovina as local 
     currency and local currency returned or repaid under such 
     program)--
       (1) the Administrator of the Agency for International 
     Development shall provide written approval for grants and 
     loans prior to the obligation and expenditure of funds for 
     such purposes, and prior to the use of funds that have been 
     returned or repaid to any lending facility or grantee; and
       (2) the provisions of section 533 of this Act shall apply.
       (e) The President is authorized to withhold funds 
     appropriated under this heading made available for economic 
     revitalization programs in Bosnia and Herzegovina, if he 
     determines and certifies to the Committees on Appropriations 
     that the Federation of Bosnia and Herzegovina has not 
     complied with article III of annex 1-A of the General 
     Framework Agreement for Peace in Bosnia and Herzegovina 
     concerning the withdrawal of foreign forces, and that 
     intelligence cooperation on training, investigations, and 
     related activities between Iranian officials and Bosnian 
     officials has not been terminated.
       (f) Not to exceed $200,000,000 of the funds appropriated 
     under this heading may be made available for Bosnia and 
     Herzegovina.
       (g) Funds appropriated under this heading or in prior 
     appropriations Acts that are or have been made available for 
     an Enterprise Fund may be deposited by such Fund in interest-
     bearing accounts prior to the Fund's disbursement of such 
     funds for program purposes. The Fund may retain for such 
     program purposes any interest earned on such deposits without 
     returning such interest to the Treasury of the United States 
     and without further appropriation by the Congress. Funds made 
     available for Enterprise Funds shall be expended at the 
     minimum rate necessary to make timely payment for projects 
     and activities.


  assistance for the new independent states of the former soviet union

       (a) For necessary expenses to carry out the provisions of 
     chapter 11 of part I of the Foreign Assistance Act of 1961 
     and the FREEDOM Support Act, for assistance for the New 
     Independent States of the former Soviet Union and for related 
     programs, $801,000,000, to remain available until September 
     30, 2000: Provided, That the provisions of such chapter shall 
     apply to funds appropriated by this paragraph: Provided 
     further, That such sums as may be necessary may be 
     transferred to the Export-Import Bank of the United States 
     for the cost of any financing under the Export-Import Bank 
     Act of 1945 for activities for the New Independent States.
       (b) Funds appropriated under title II of this Act, 
     including funds appropriated under this heading, should be 
     made available for assistance for Mongolia at a level which 
     is at least equivalent to the level provided in fiscal year 
     1998: Provided, That funds made available for assistance for 
     Mongolia may be made available in accordance with the 
     purposes and utilizing the authorities provided in chapter 11 
     of part I of the Foreign Assistance Act of 1961.
       (c)(1) Of the funds appropriated under this heading that 
     are allocated for assistance for the Government of Russia, 50 
     percent shall be withheld from obligation until the President 
     determines and certifies in writing to the Committees on 
     Appropriations that the Government of Russia has terminated 
     implementation of arrangements to provide Iran with technical 
     expertise, training, technology, or equipment necessary to 
     develop a nuclear reactor, related nuclear research 
     facilities or programs, or ballistic missile capability.
       (2) Notwithstanding paragraph (1) assistance may be 
     provided for the Government of Russia if the President 
     determines and certifies to the

[[Page H11087]]

     Committees on Appropriations that making such funds 
     available: (A) is vital to the national security interest of 
     the United States; and (B) that the Government of Russia is 
     taking meaningful steps to limit major supply contracts and 
     to curtail the transfer of technology and technological 
     expertise related to activities referred to in paragraph (1).
       (d) Not more than 30 percent of the funds appropriated 
     under this heading may be made available for assistance for 
     any country in the region.
       (e) Of the funds appropriated under this heading, not less 
     than $228,000,000 shall be made available for assistance for 
     the Southern Caucasus region: Provided, That of the funds 
     made available for the Southern Caucasus region, 17.5 percent 
     should be used for reconstruction and other activities 
     relating to the peaceful resolution of conflicts within the 
     region, especially those in the vicinity of Abkhazia and 
     Nagorno-Karabakh: Provided further, That if the Secretary of 
     State after May 30, 1999, determines and reports to the 
     relevant committees of Congress that the full amount of funds 
     that may be made available under the first proviso cannot be 
     effectively utilized, the amount provided may be used for 
     other purposes under this heading: Provided further, That of 
     the funds provided under this subsection, 37 percent shall be 
     made available for assistance for Georgia and 35 percent 
     shall be made available for assistance for Armenia: Provided 
     further, That of funds made available for Armenia, not less 
     than 12 percent shall be made available for an endowment for 
     the American University in Armenia.
       (f) Section 907 of the FREEDOM Support Act shall not apply 
     to--
       (1) activities to support democracy or assistance under 
     title V of the FREEDOM Support Act and section 1424 of Public 
     Law 104-201;
       (2) any assistance provided by the Trade and Development 
     Agency under section 661 of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2421);
       (3) any activity carried out by a member of the United 
     States and Foreign Commercial Service while acting within his 
     or her official capacity;
       (4) any insurance, reinsurance, guarantee, or other 
     assistance provided by the Overseas Private Investment 
     Corporation under title IV of chapter 2 of part I of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2191 et seq.);
       (5) any financing provided under the Export-Import Bank Act 
     of 1945; or
       (6) humanitarian assistance.
       (g) Of the funds appropriated under this heading, not less 
     than $195,000,000 shall be made available for assistance for 
     Ukraine: Provided, That not less than $25,000,000 of such 
     funds should be made available for nuclear reactor safety 
     programs, of which not less than $1,000,000 shall be made 
     available for personnel security initiatives at all nuclear 
     reactor installations: Provided further, That 50 percent of 
     the amount made available in this subsection, exclusive of 
     funds made available for nuclear safety and law enforcement 
     reforms, shall be withheld from obligation and expenditure 
     until the Secretary of State reports to the Committees on 
     Appropriations that Ukraine has undertaken significant 
     economic reforms additional to those achieved in fiscal year 
     1998, and include: (1) reform and effective enforcement of 
     commercial and tax codes; and (2) continued progress on 
     resolution of complaints by United States investors: Provided 
     further, That the report in the previous proviso shall be 
     provided 120 days after the date of enactment of this Act : 
     Provided further, That for the purposes of the agreement with 
     Ukraine submitted to the Congress under section 123 of the 
     Atomic Energy Act of 1954, as amended, the requirement to 
     submit the agreement and related documents to the Congress 
     and the appropriate congressional committees for the periods 
     described in that Act shall be deemed satisfied upon the 
     enactment of this Act.
       (h) The Coordinator for Assistance to the New Independent 
     States of the Former Soviet Union shall inform the Committees 
     on Appropriations prior to the obligation of funds made 
     available under this heading for a United States national lab 
     to administer nuclear safety activities if the management 
     costs exceed 9 percent of the costs associated with the 
     program or activity.

                           Independent Agency


                              peace corps

       For expenses necessary to carry out the provisions of the 
     Peace Corps Act (75 Stat. 612), $240,000,000, including the 
     purchase of not to exceed five passenger motor vehicles for 
     administrative purposes for use outside of the United States: 
     Provided, That none of the funds appropriated under this 
     heading shall be used to pay for abortions: Provided further, 
     That funds appropriated under this heading shall remain 
     available until September 30, 2000.

                          Department of State


          international narcotics control and law enforcement

       For necessary expenses to carry out section 481 of the 
     Foreign Assistance Act of 1961, $261,000,000: Provided, That 
     none of the funds under this heading may be made available to 
     establish or operate an International Law Enforcement Academy 
     for the Western Hemisphere outside the United States: 
     Provided further, That in addition to any funds previously 
     made available for an International Law Enforcement Academy 
     for the Western Hemisphere, not less than $5,000,000 should 
     be made available to establish and operate the International 
     Law Enforcement Academy for the Western Hemisphere at the 
     deBremond Training Center in Roswell, New Mexico: Provided 
     further, That during fiscal year 1999, the Department of 
     State may also use the authority of section 608 of the 
     Foreign Assistance Act of 1961, without regard to its 
     restrictions, to receive excess property from an agency of 
     the United States Government for the purpose of providing it 
     to a foreign country under chapter 8 of part I of that Act 
     subject to the regular notification procedures of the 
     Committees on Appropriations.


                    migration and refugee assistance

       For expenses, not otherwise provided for, necessary to 
     enable the Secretary of State to provide, as authorized by 
     law, a contribution to the International Committee of the Red 
     Cross, assistance to refugees, including contributions to the 
     International Organization for Migration and the United 
     Nations High Commissioner for Refugees, and other activities 
     to meet refugee and migration needs; salaries and expenses of 
     personnel and dependents as authorized by the Foreign Service 
     Act of 1980; allowances as authorized by sections 5921 
     through 5925 of title 5, United States Code; purchase and 
     hire of passenger motor vehicles; and services as authorized 
     by section 3109 of title 5, United States Code, $640,000,000: 
     Provided, That not more than $13,000,000 shall be available 
     for administrative expenses: Provided further, That not less 
     than $70,000,000 shall be made available for refugees from 
     the former Soviet Union and Eastern Europe and other refugees 
     resettling in Israel.


     UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

       For necessary expenses to carry out the provisions of 
     section 2(c) of the Migration and Refugee Assistance Act of 
     1962, as amended (22 U.S.C. 260(c)), $30,000,000, to remain 
     available until expended: Provided, That the funds made 
     available under this heading are appropriated notwithstanding 
     the provisions contained in section 2(c)(2) of the Migration 
     and Refugee Assistance Act of 1962 which would limit the 
     amount of funds which could be appropriated for this purpose.


    nonproliferation, anti-terrorism, demining and related programs

       For necessary expenses for nonproliferation, anti-terrorism 
     and related programs and activities, $198,000,000, to carry 
     out the provisions of chapter 8 of part II of the Foreign 
     Assistance Act of 1961 for anti-terrorism assistance, section 
     504 of the FREEDOM Support Act for the Nonproliferation and 
     Disarmament Fund, section 23 of the Arms Export Control Act 
     or the Foreign Assistance Act of 1961 for demining 
     activities, the clearance of unexploded ordnance, and related 
     activities, notwithstanding any other provision of law, 
     including activities implemented through nongovernmental and 
     international organizations, section 301 of the Foreign 
     Assistance Act of 1961 for a voluntary contribution to the 
     International Atomic Energy Agency (IAEA) and a voluntary 
     contribution to the Korean Peninsula Energy Development 
     Organization (KEDO), and for a United States contribution to 
     the Comprehensive Nuclear Test Ban Treaty Preparatory 
     Commission: Provided, That the Secretary of State shall 
     inform the Committees on Appropriations at least twenty days 
     prior to the obligation of funds for the Comprehensive 
     Nuclear Test Ban Treaty Preparatory Commission: Provided 
     further, That of this amount not to exceed $15,000,000, to 
     remain available until expended, may be made available for 
     the Nonproliferation and Disarmament Fund, notwithstanding 
     any other provision of law, to promote bilateral and 
     multilateral activities relating to nonproliferation and 
     disarmament: Provided further, That such funds may also be 
     used for such countries other than the New Independent States 
     of the former Soviet Union and international organizations 
     when it is in the national security interest of the United 
     States to do so: Provided further, That such funds shall be 
     subject to the regular notification procedures of the 
     Committees on Appropriations: Provided further, That of the 
     funds appropriated under this heading not less than 
     $35,000,000 should be made available for demining, clearance 
     of unexploded ordnance, and related activities: Provided 
     further, That of the funds made available for demining and 
     related activities, not to exceed $500,000, in addition to 
     funds otherwise available for such purposes, may be used for 
     expenses related to the operation and management of the 
     demining program: Provided further, That funds appropriated 
     under this heading may be made available for the 
     International Atomic Energy Agency only if the Secretary of 
     State determines (and so reports to the Congress) that Israel 
     is not being denied its right to participate in the 
     activities of that Agency.

                       Department of the Treasury


                           debt restructuring

       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of modifying direct loans 
     and loan guarantees, as the President may determine, for 
     which funds have been appropriated or otherwise made 
     available for programs within the International Affairs 
     Budget Function 150, including the cost of selling, reducing, 
     or canceling amounts, through debt buybacks and swaps, owed 
     to the United States as a result of concessional loans made 
     to eligible Latin American and Caribbean countries, pursuant 
     to part IV of the Foreign Assistance Act of 1961; of 
     modifying concessional credit agreements with least developed 
     countries, as authorized under section 411 of the 
     Agricultural Trade Development and Assistance Act of 1954, as 
     amended; and concessional loans, guarantees and credit 
     agreements with any country in sub-Saharan Africa, as 
     authorized under section 572 of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     1989 (Public Law 100-461); and of modifying any obligation, 
     or portion of such obligation for Latin American countries to 
     pay for purchases of United States agricultural commodities 
     guaranteed by the Commodity Credit Corporation under export 
     credit guarantee programs authorized pursuant to section 5(f 
     ) of the Commodity Credit Corporation Charter Act of June 29, 
     1948, as amended, section 4(b) of the Food for Peace Act of 
     1966, as amended (Public Law 89-808), or section 202 of the 
     Agricultural Trade Act of 1978, as amended (Public Law 95-

[[Page H11088]]

     501), $33,000,000, to remain available until expended: 
     Provided, That not to exceed $2,900,000 of such funds may be 
     used for implementation of improvements in the foreign credit 
     reporting system of the United States Government: Provided 
     further, That the authority provided by section 572 of Public 
     Law 100-461 may be exercised only with respect to countries 
     that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries: Provided further, That the 
     authorities and appropriation under this heading shall also 
     satisfy the requirement of section 808(a)(3) of part V of the 
     Foreign Assistance Act, as amended, for the purpose of debt 
     buybacks and swaps which incur no costs (as defined under 
     section 502(5) of the Federal Credit Reform Act of 1990) in 
     fiscal year 1999.


               INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE

       For necessary expenses to carry out Department of the 
     Treasury international affairs technical assistance 
     activities, $1,500,000, to remain available until expended, 
     which shall be available, pursuant to section 589 of this 
     Act, for economic technical assistance and for related 
     programs.


       United States Community Adjustment and Investment Program

       For the United States Community Adjustment and Investment 
     Program authorized by section 543 of the North American Free 
     Trade Agreement Implementation Act, $10,000,000 to remain 
     available until September 30, 2000. Provided, That the 
     Secretary may transfer such funds to the North American 
     Development Bank and/or to one or more Federal agencies for 
     the purpose of enabling the Bank or such Federal agencies to 
     assist in carrying out the program by providing technical 
     assistance, grants, loans, loan guarantees, and other 
     financial subsidies endorsed by the inter-agency finance 
     committee established by section 7 of Executive Order 12916: 
     Provided further, That no portion of such funds may be 
     transferred to the Bank unless the Secretary shall have first 
     entered into an agreement with the Bank that provides that 
     any such funds may not be used for the Bank's administrative 
     expenses: Provided further, That any funds transferred to the 
     Bank under this head will be in addition to the 10 percent of 
     the paid-in capital paid to the Bank by the United States 
     referred to in section 543 of the Act: Provided further, That 
     any funds transferred to any Federal Agency under this head 
     will be in addition to amounts otherwise provided to such 
     agency: Provided further, That any funds transferred to an 
     agency under this head shall be subject to the same terms and 
     conditions as the account to which transferred.

                     TITLE III--MILITARY ASSISTANCE

                  Funds Appropriated to the President


             international military education and training

       For necessary expenses to carry out the provisions of 
     section 541 of the Foreign Assistance Act of 1961, 
     $50,000,000 of which up to $1,000,000 may remain available 
     until expended: Provided, That the civilian personnel for 
     whom military education and training may be provided under 
     this heading may include civilians who are not members of a 
     government whose participation would contribute to improved 
     civil-military relations, civilian control of the military, 
     or respect for human rights: Provided further, That funds 
     appropriated under this heading for grant financed military 
     education and training for Indonesia and Guatemala may only 
     be available for expanded international military education 
     and training and funds made available for Guatemala may only 
     be provided through the regular notification procedures of 
     the Committees on Appropriations: Provided further, That none 
     of the funds appropriated under this heading may be made 
     available to support grant financed military education and 
     training at the School of the Americas unless the Secretary 
     of Defense certifies that the instruction and training 
     provided by the School of the Americas is fully consistent 
     with training and doctrine, particularly with respect to the 
     observance of human rights, provided by the Department of 
     Defense to United States military students at Department of 
     Defense institutions whose primary purpose is to train United 
     States military personnel.


                   foreign military financing program

       For expenses necessary for grants to enable the President 
     to carry out the provisions of section 23 of the Arms Export 
     Control Act, $3,330,000,000: Provided, That of the funds 
     appropriated under this heading, not less than $1,860,000,000 
     shall be available for grants only for Israel, and not less 
     than $1,300,000,000 shall be made available for grants only 
     for Egypt: Provided further, That the funds appropriated by 
     this paragraph for Israel shall be disbursed within thirty 
     days of enactment of this Act or by October 31, 1998, 
     whichever is later: Provided further, That to the extent 
     that the Government of Israel requests that funds be used 
     for such purposes, grants made available for Israel by 
     this paragraph shall, as agreed by Israel and the United 
     States, be available for advanced weapons systems, of 
     which not less than $490,000,000 shall be available for 
     the procurement in Israel of defense articles and defense 
     services, including research and development: Provided 
     further, That of the funds appropriated by this paragraph, 
     not less than $45,000,000 should be available for 
     assistance for Jordan: Provided further, That during 
     fiscal year 1999 the President is authorized to, and 
     shall, direct drawdowns of defense articles from the 
     stocks of the Department of Defense, defense services of 
     the Department of Defense, and military education and 
     training of an aggregate value of not less than 
     $25,000,000 under the authority of this proviso for Jordan 
     for the purposes of part II of the Foreign Assistance Act 
     of 1961: Provided further, That section 506(c) of the 
     Foreign Assistance Act of 1961 shall apply, and section 
     632(d) of the Foreign Assistance Act of 1961 shall not 
     apply, to any such drawdown: Provided further, That none 
     of the funds made available under this heading shall be 
     available for any non-NATO country participating in the 
     Partnership for Peace Program except through the regular 
     notification procedures of the Committees on 
     Appropriations: Provided further, That of the funds 
     appropriated by this paragraph, not less than $7,000,000 
     shall be made available for assistance for Tunisia: 
     Provided further, That during fiscal year 1999, the 
     President is authorized to, and shall, direct the 
     drawdowns of defense articles from the stocks of the 
     Department of Defense, defense services of the Department 
     of Defense, and military education and training of an 
     aggregate value of not less than $5,000,000 under the 
     authority of this proviso for Tunisia for the purposes of 
     part II of the Foreign Assistance Act of 1961 and any 
     amount so directed shall count toward meeting the earmark 
     in the previous proviso: Provided further, That section 
     506(c) of the Foreign Assistance Act of 1961 shall apply 
     and section 632(d) of the Foreign Assistance Act of 1961 
     shall not apply to any such drawdown: Provided further, 
     That funds appropriated by this paragraph shall be 
     nonrepayable notwithstanding any requirement in section 23 
     of the Arms Export Control Act: Provided further, That 
     funds made available under this heading shall be obligated 
     upon apportionment in accordance with paragraph (5)(C) of 
     title 31, United States Code, section 1501(a).
       For the cost, as defined in section 502 of the 
     Congressional Budget Act of 1974, of direct loans authorized 
     by section 23 of the Arms Export Control Act as follows: cost 
     of direct loans, $20,000,000: Provided, That these funds are 
     available to subsidize gross obligations for the principal 
     amount of direct loans of not to exceed $167,000,000.
       None of the funds made available under this heading shall 
     be available to finance the procurement of defense articles, 
     defense services, or design and construction services that 
     are not sold by the United States Government under the Arms 
     Export Control Act unless the foreign country proposing to 
     make such procurements has first signed an agreement with the 
     United States Government specifying the conditions under 
     which such procurements may be financed with such funds: 
     Provided, That all country and funding level increases in 
     allocations shall be submitted through the regular 
     notification procedures of section 515 of this Act: Provided 
     further, That none of the funds appropriated under this 
     heading shall be available for assistance for Sudan and 
     Liberia: Provided further, That funds made available under 
     this heading may be used, notwithstanding any other provision 
     of law, for demining, the clearance of unexploded ordnance, 
     and related activities, and may include activities 
     implemented through nongovernmental and international 
     organizations: Provided further, That none of the funds under 
     this heading shall be available for assistance for Guatemala: 
     Provided further, That only those countries for which 
     assistance was justified for the ``Foreign Military Sales 
     Financing Program'' in the fiscal year 1989 congressional 
     presentation for security assistance programs may utilize 
     funds made available under this heading for procurement of 
     defense articles, defense services or design and construction 
     services that are not sold by the United States Government 
     under the Arms Export Control Act: Provided further, That, 
     subject to the regular notification procedures of the 
     Committees on Appropriations, funds made available under this 
     heading for the cost of direct loans may also be used to 
     supplement the funds available under this heading for grants, 
     and funds made available under this heading for grants may 
     also be used to supplement the funds available under this 
     heading for the cost of direct loans: Provided further, That 
     funds appropriated under this heading shall be expended at 
     the minimum rate necessary to make timely payment for defense 
     articles and services: Provided further, That not more than 
     $29,910,000 of the funds appropriated under this heading may 
     be obligated for necessary expenses, including the purchase 
     of passenger motor vehicles for replacement only for use 
     outside of the United States, for the general costs of 
     administering military assistance and sales: Provided 
     further, That not more than $340,000,000 of funds realized 
     pursuant to section 21(e)(1)(A) of the Arms Export Control 
     Act may be obligated for expenses incurred by the 
     Department of Defense during fiscal year 1999 pursuant to 
     section 43(b) of the Arms Export Control Act, except that 
     this limitation may be exceeded only through the regular 
     notification procedures of the Committees on 
     Appropriations.


                        peacekeeping operations

       For necessary expenses to carry out the provisions of 
     section 551 of the Foreign Assistance Act of 1961, 
     $76,500,000: Provided, That none of the funds appropriated 
     under this heading shall be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE


                  funds appropriated to the president

                  international financial institutions

     CONTRIBUTION to the INTERNATIONAL BANK for RECONSTRUCTION and 
                              DEVELOPMENT

                      GLOBAL ENVIRONMENT FACILITY

       For payment to the International Bank for Reconstruction 
     and Development by the Secretary of the Treasury, for the 
     United States contribution to the Global Environment Facility 
     (GEF), $192,500,000 to remain available until expended for 
     contributions previously due: Provided, That such funds shall 
     be subject to the

[[Page H11089]]

     regular notification procedures of the Committees on 
     Appropriations.


       contribution to the international development association

       For payment to the International Development Association 
     (IDA) by the Secretary of the Treasury, $800,000,000, to 
     remain available until expended: Provided, That none of these 
     funds may be obligated or expended until the Secretary of the 
     Treasury certifies that a procedure has been established for 
     the Comptroller General of the United States to be provided 
     full access to: (1) the financial and related records of the 
     International Bank for Reconstruction and Development and IDA 
     for the purposes of conducting audits of current loans and 
     financial assistance provided by these institutions; and (2) 
     management personnel manuals, procedures, and policy 
     guidelines: Provided further, That following the review 
     conducted in the previous proviso, the Comptroller General 
     shall report to the Committees on Appropriations on the 
     results of the audit and recommendations to improve 
     institutional financial and personnel procedures, especially 
     regarding the protection of individuals alleging 
     mismanagement, fraud, or abuses: Provided further, That at 
     least ten days prior to the obligation of funds appropriated 
     under this heading the Secretary of Treasury shall report to 
     the Committees on Appropriations of his intent to obligate 
     such funds.


          contribution to the inter-american development bank

       For payment to the Inter-American Development Bank by the 
     Secretary of the Treasury, for the United States share of the 
     paid-in share portion of the increase in capital stock, 
     $25,610,667.


          CONTRIBUTION to the INTER-AMERICAN DEVELOPMENT BANK

                      FUND for SPECIAL OPERATIONS

       For payment to the Inter-American Bank by the Secretary of 
     the Treasury, for the United States share of the increase in 
     resources for the Fund for Special Operations, $21,152,000, 
     to remain available until expended for contributions 
     previously due.


              limitation on callable capital subscriptions

       The United States Governor of the Inter-American 
     Development Bank may subscribe without fiscal year limitation 
     to the callable capital portion of the United States share of 
     such capital stock in an amount not to exceed $1,503,718,910.


  CONTRIBUTION to the ENTERPRISE for AMERICAS MULTILATERAL INVESTMENT 
                                  FUND

       For payment to the Enterprise for the Americas Multilateral 
     Investment Fund by the Secretary of the Treasury, for the 
     United States contribution to the Fund, $50,000,000 to remain 
     available until expended for contributions previously due.


               contribution to the asian development bank

       For payment to the Asian Development Bank by the Secretary 
     of the Treasury for the United States share of the paid-in 
     portion of the increase in capital stock, $13,221,596, to 
     remain available until expended.


              limitation on callable capital subscriptions

       The United States Governor of the Asian Development Bank 
     may subscribe without fiscal year limitation to the callable 
     capital portion of the United States share of such capital 
     stock in an amount not to exceed $647,858,204.


               contribution to the asian development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increases in resources of the Asian 
     Development Fund, as authorized by the Asian Development Bank 
     Act, as amended (Public Law 89-369), $210,000,000, to remain 
     available until expended, of which $187,000,000 shall be 
     available for contributions previously due.


              contribution to the african development fund

       For the United States contribution by the Secretary of the 
     Treasury to the increase in resources of the African 
     Development Fund, $128,000,000, to remain available until 
     expended, of which $88,300,000 shall be available for 
     contributions previously due.


  contribution to the european bank for reconstruction and development

       For payment to the European Bank for Reconstruction and 
     Development by the Secretary of the Treasury, $35,778,717, 
     for the United States share of the paid-in portion of the 
     increase in capital stock, to remain available until 
     expended.


              limitation on callable capital subscriptions

       The United States Governor of the European Bank for 
     Reconstruction and Development may subscribe without fiscal 
     year limitation to the callable capital portion of the United 
     States share of such capital stock in an amount not to exceed 
     $123,237,803.

                International Organizations and Programs

       For necessary expenses to carry out the provisions of 
     section 301 of the Foreign Assistance Act of 1961, and of 
     section 2 of the United Nations Environment Program 
     Participation Act of 1973, $187,000,000: Provided, That none 
     of the funds appropriated under this heading shall be made 
     available for the United Nations Fund for Science and 
     Technology: Provided further, That none of the funds 
     appropriated under this heading may be made available for the 
     United Nations Population Fund (UNFPA): Provided further, 
     That not less than $5,000,000 should be made available to the 
     World Food Program: Provided further, That none of the funds 
     made available under this heading, may be provided to the 
     Climate Stabilization Fund until fifteen days after the 
     Department of State provides a report to the Committees on 
     Foreign Relations and Appropriations in the Senate and the 
     Committees on International Relations and Appropriations in 
     the House of Representatives detailing the number of Fund 
     employees and associated salaries and the fiscal year 1998 
     and 1999 Fund activities, programs or projects and associated 
     costs: Provided further, That none of the funds appropriated 
     under this heading may be made available to the Korean 
     Peninsula Energy Development Organization (KEDO) or the 
     International Atomic Energy Agency (IAEA).

                      TITLE V--GENERAL PROVISIONS


             obligations during last month of availability

       Sec. 501. Except for the appropriations entitled 
     ``International Disaster Assistance'', and ``United States 
     Emergency Refugee and Migration Assistance Fund'', not more 
     than 15 percent of any appropriation item made available by 
     this Act shall be obligated during the last month of 
     availability.


     prohibition of bilateral funding for international financial 
                              institutions

       Sec. 502. Notwithstanding section 614 of the Foreign 
     Assistance Act of 1961, none of the funds contained in title 
     II of this Act may be used to carry out the provisions of 
     section 209(d) of the Foreign Assistance Act of 1961.


                    limitation on residence expenses

       Sec. 503. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $126,500 shall be for 
     official residence expenses of the Agency for International 
     Development during the current fiscal year: Provided, That 
     appropriate steps shall be taken to assure that, to the 
     maximum extent possible, United States-owned foreign 
     currencies are utilized in lieu of dollars.


                         limitation on expenses

       Sec. 504. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $5,000 shall be for 
     entertainment expenses of the Agency for International 
     Development during the current fiscal year.


               limitation on representational allowances

       Sec. 505. Of the funds appropriated or made available 
     pursuant to this Act, not to exceed $95,000 shall be 
     available for representation allowances for the Agency for 
     International Development during the current fiscal year: 
     Provided, That appropriate steps shall be taken to assure 
     that, to the maximum extent possible, United States-owned 
     foreign currencies are utilized in lieu of dollars: Provided 
     further, That of the funds made available by this Act for 
     general costs of administering military assistance and sales 
     under the heading ``Foreign Military Financing Program'', not 
     to exceed $2,000 shall be available for entertainment 
     expenses and not to exceed $50,000 shall be available for 
     representation allowances: Provided further, That of the 
     funds made available by this Act under the heading 
     ``International Military Education and Training '', not to 
     exceed $50,000 shall be available for entertainment 
     allowances: Provided further, That of the funds made 
     available by this Act for the Inter-American Foundation, not 
     to exceed $2,000 shall be available for entertainment and 
     representation allowances: Provided further, That of the 
     funds made available by this Act for the Peace Corps, not to 
     exceed a total of $4,000 shall be available for entertainment 
     expenses: Provided further, That of the funds made available 
     by this Act under the heading ``Trade and Development 
     Agency'', not to exceed $2,000 shall be available for 
     representation and entertainment allowances.


                 prohibition on financing nuclear goods

       Sec. 506. None of the funds appropriated or made available 
     (other than funds for ``Nonproliferation, Anti-terrorism, 
     Demining and Related Programs'') pursuant to this Act, for 
     carrying out the Foreign Assistance Act of 1961, may be used, 
     except for purposes of nuclear safety, to finance the export 
     of nuclear equipment, fuel, or technology.


        prohibition against direct funding for certain countries

       Sec. 507. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance or reparations to Cuba, 
     Iraq, Libya, North Korea, Iran, Sudan, or Syria: Provided, 
     That for purposes of this section, the prohibition on 
     obligations or expenditures shall include direct loans, 
     credits, insurance and guarantees of the Export-Import Bank 
     or its agents.


                             military coups

       Sec. 508. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated or expended 
     to finance directly any assistance to any country whose duly 
     elected head of government is deposed by military coup or 
     decree: Provided, That assistance may be resumed to such 
     country if the President determines and reports to the 
     Committees on Appropriations that subsequent to the 
     termination of assistance a democratically elected government 
     has taken office.


                       transfers between accounts

       Sec. 509. None of the funds made available by this Act may 
     be obligated under an appropriation account to which they 
     were not appropriated, except for transfers specifically 
     provided for in this Act, unless the President, prior to the 
     exercise of any authority contained in the Foreign Assistance 
     Act of 1961 to transfer funds, consults with and provides a 
     written policy justification to the Committees on 
     Appropriations of the House of Representatives and the 
     Senate: Provided, That the exercise of such authority shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                  deobligation/reobligation authority

       Sec. 510. (a) Amounts certified pursuant to section 1311 of 
     the Supplemental Appropriations

[[Page H11090]]

     Act, 1955, as having been obligated against appropriations 
     heretofore made under the authority of the Foreign Assistance 
     Act of 1961 for the same general purpose as any of the 
     headings under title II of this Act are, if deobligated, 
     hereby continued available for the same period as the 
     respective appropriations under such headings or until 
     September 30, 1999, whichever is later, and for the same 
     general purpose, and for countries within the same region as 
     originally obligated: Provided, That the Appropriations 
     Committees of both Houses of the Congress are notified 15 
     days in advance of the reobligation of such funds in 
     accordance with regular notification procedures of the 
     Committees on Appropriations.
       (b) Obligated balances of funds appropriated to carry out 
     section 23 of the Arms Export Control Act as of the end of 
     the fiscal year immediately preceding the current fiscal year 
     are, if deobligated, hereby continued available during the 
     current fiscal year for the same purpose under any authority 
     applicable to such appropriations under this Act: Provided, 
     That the authority of this subsection may not be used in 
     fiscal year 1999.


                         availability of funds

       Sec. 511. No part of any appropriation contained in this 
     Act shall remain available for obligation after the 
     expiration of the current fiscal year unless expressly so 
     provided in this Act: Provided, That funds appropriated for 
     the purposes of chapters 1, 8, and 11 of part I, section 667, 
     and chapter 4 of part II of the Foreign Assistance Act of 
     1961, as amended, and funds provided under the heading 
     ``Assistance for Eastern Europe and the Baltic States'', 
     shall remain available until expended if such funds are 
     initially obligated before the expiration of their respective 
     periods of availability contained in this Act: Provided 
     further, That, notwithstanding any other provision of this 
     Act, any funds made available for the purposes of chapter 1 
     of part I and chapter 4 of part II of the Foreign Assistance 
     Act of 1961 which are allocated or obligated for cash 
     disbursements in order to address balance of payments or 
     economic policy reform objectives, shall remain available 
     until expended: Provided further, That the report required by 
     section 653(a) of the Foreign Assistance Act of 1961 shall 
     designate for each country, to the extent known at the time 
     of submission of such report, those funds allocated for cash 
     disbursement for balance of payment and economic policy 
     reform purposes.


            limitation on assistance to countries in default

       Sec. 512. No part of any appropriation contained in this 
     Act shall be used to furnish assistance to any country which 
     is in default during a period in excess of one calendar year 
     in payment to the United States of principal or interest on 
     any loan made to such country by the United States pursuant 
     to a program for which funds are appropriated under this Act: 
     Provided, That this section and section 620(q) of the Foreign 
     Assistance Act of 1961 shall not apply to funds made 
     available in this Act or during the current fiscal year for 
     Nicaragua, Brazil, Liberia, and for any narcotics-related 
     assistance for Colombia, Bolivia, and Peru authorized by the 
     Foreign Assistance Act of 1961 or the Arms Export Control 
     Act.


                           commerce and trade

       Sec. 513. (a) None of the funds appropriated or made 
     available pursuant to this Act for direct assistance and none 
     of the funds otherwise made available pursuant to this Act to 
     the Export-Import Bank and the Overseas Private Investment 
     Corporation shall be obligated or expended to finance any 
     loan, any assistance or any other financial commitments 
     for establishing or expanding production of any commodity 
     for export by any country other than the United States, if 
     the commodity is likely to be in surplus on world markets 
     at the time the resulting productive capacity is expected 
     to become operative and if the assistance will cause 
     substantial injury to United States producers of the same, 
     similar, or competing commodity: Provided, That such 
     prohibition shall not apply to the Export-Import Bank if 
     in the judgment of its Board of Directors the benefits to 
     industry and employment in the United States are likely to 
     outweigh the injury to United States producers of the 
     same, similar, or competing commodity, and the Chairman of 
     the Board so notifies the Committees on Appropriations.
       (b) None of the funds appropriated by this or any other Act 
     to carry out chapter 1 of part I of the Foreign Assistance 
     Act of 1961 shall be available for any testing or breeding 
     feasibility study, variety improvement or introduction, 
     consultancy, publication, conference, or training in 
     connection with the growth or production in a foreign country 
     of an agricultural commodity for export which would compete 
     with a similar commodity grown or produced in the United 
     States: Provided, That this subsection shall not prohibit--
       (1) activities designed to increase food security in 
     developing countries where such activities will not have a 
     significant impact in the export of agricultural commodities 
     of the United States; or
       (2) research activities intended primarily to benefit 
     American producers.


                          surplus commodities

       Sec. 514. (a) The Secretary of the Treasury shall instruct 
     the United States Executive Directors of the International 
     Bank for Reconstruction and Development, the International 
     Development Association, the International Finance 
     Corporation, the Inter-American Development Bank, the 
     International Monetary Fund, the Asian Development Bank, the 
     Inter-American Investment Corporation, the North American 
     Development Bank, the European Bank for Reconstruction and 
     Development, the African Development Bank, and the African 
     Development Fund to use the voice and vote of the United 
     States to oppose any assistance by these institutions, using 
     funds appropriated or made available pursuant to this Act, 
     for the production or extraction of any commodity or mineral 
     for export, if it is in surplus on world markets and if the 
     assistance will cause substantial injury to United States 
     producers of the same, similar, or competing commodity.
       (b) The Secretary of the Treasury should instruct the 
     United States executive directors of international financial 
     institutions listed in subsection (a) of this section to use 
     the voice and vote of the United States to support the 
     purchase of American produced agricultural commodities with 
     funds appropriated or made available pursuant to this Act.


                       notification requirements

       Sec. 515. (a) For the purposes of providing the executive 
     branch with the necessary administrative flexibility, none of 
     the funds made available under this Act for ``Child Survival 
     and Disease Programs Fund'', ``Development assistance'', 
     ``International Organizations and Programs'', ``Trade and 
     Development Agency'', ``International narcotics control and 
     law enforcement'', ``Assistance for Eastern Europe and the 
     Baltic States'', ``Assistance for the New Independent States 
     of the Former Soviet Union'', ``Economic Support Fund'', 
     ``Peacekeeping operations'', ``Operating expenses of the 
     Agency for International Development'', ``Operating expenses 
     of the Agency for International Development Office of 
     Inspector General'', ``Nonproliferation, anti-terrorism, 
     demining and related programs'', ``Foreign Military Financing 
     Program'', ``International military education and training 
     '', ``Peace Corps'', ``Migration and refugee assistance'', 
     shall be available for obligation for activities, programs, 
     projects, type of materiel assistance, countries, or other 
     operations not justified or in excess of the amount justified 
     to the Appropriations Committees for obligation under any of 
     these specific headings unless the Appropriations Committees 
     of both Houses of Congress are previously notified 15 days in 
     advance: Provided, That the President shall not enter into 
     any commitment of funds appropriated for the purposes of 
     section 23 of the Arms Export Control Act for the provision 
     of major defense equipment, other than conventional 
     ammunition, or other major defense items defined to be 
     aircraft, ships, missiles, or combat vehicles, not previously 
     justified to Congress or 20 percent in excess of the 
     quantities justified to Congress unless the Committees on 
     Appropriations are notified 15 days in advance of such 
     commitment: Provided further, That this section shall not 
     apply to any reprogramming for an activity, program, or 
     project under chapter 1 of part I of the Foreign Assistance 
     Act of 1961 of less than 10 percent of the amount previously 
     justified to the Congress for obligation for such activity, 
     program, or project for the current fiscal year: Provided 
     further, That the requirements of this section or any similar 
     provision of this Act or any other Act, including any prior 
     Act requiring notification in accordance with the regular 
     notification procedures of the Committees on Appropriations, 
     may be waived if failure to do so would pose a substantial 
     risk to human health or welfare: Provided further, That in 
     case of any such waiver, notification to the Congress, or 
     the appropriate congressional committees, shall be 
     provided as early as practicable, but in no event later 
     than three days after taking the action to which such 
     notification requirement was applicable, in the context of 
     the circumstances necessitating such waiver: Provided 
     further, That any notification provided pursuant to such a 
     waiver shall contain an explanation of the emergency 
     circumstances.
       (b) Drawdowns made pursuant to section 506(a)(2) of the 
     Foreign Assistance Act of 1961 shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


limitation on availability of funds for international organizations and 
                                programs

       Sec. 516. Subject to the regular notification procedures of 
     the Committees on Appropriations, funds appropriated under 
     this Act or any previously enacted Act making appropriations 
     for foreign operations, export financing, and related 
     programs, which are returned or not made available for 
     organizations and programs because of the implementation of 
     section 307(a) of the Foreign Assistance Act of 1961, shall 
     remain available for obligation until September 30, 2000: 
     Provided, That section 307(a) of the Foreign Assistance Act 
     of 1961, is amended by inserting before the period at the end 
     thereof ``, or at the discretion of the President, Communist 
     countries listed in section 620(f) of this Act''.


           new independent states of the former soviet union

       Sec. 517. (a) None of the funds appropriated under the 
     heading ``Assistance for the New Independent States of the 
     Former Soviet Union'' shall be made available for assistance 
     for a Government of the New Independent States of the former 
     Soviet Union--
       (1) unless that Government is making progress in 
     implementing comprehensive economic reforms based on market 
     principles, private ownership, respect for commercial 
     contracts, and equitable treatment of foreign private 
     investment; and
       (2) if that Government applies or transfers United States 
     assistance to any entity for the purpose of expropriating or 
     seizing ownership or control of assets, investments, or 
     ventures.
     Assistance may be furnished without regard to this subsection 
     if the President determines that to do so is in the national 
     interest.
       (b) None of the funds appropriated under the heading 
     ``Assistance for the New Independent States of the Former 
     Soviet Union'' shall be made available for assistance for a 
     Government of the New Independent States of the former Soviet 
     Union if that government directs any action in violation 
     of the territorial integrity or national sovereignty of 
     any other new independent

[[Page H11091]]

     state, such as those violations included in the Helsinki 
     Final Act: Provided, That such funds may be made available 
     without regard to the restriction in this subsection if 
     the President determines that to do so is in the national 
     security interest of the United States.
       (c) None of the funds appropriated under the heading 
     ``Assistance for the New Independent States of the Former 
     Soviet Union'' shall be made available for any state to 
     enhance its military capability: Provided, That this 
     restriction does not apply to demilitarization, demining or 
     nonproliferation programs.
       (d) Funds appropriated under the heading ``Assistance for 
     the New Independent States of the Former Soviet Union'' shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.
       (e) Funds made available in this Act for assistance to the 
     New Independent States of the former Soviet Union shall be 
     subject to the provisions of section 117 (relating to 
     environment and natural resources) of the Foreign Assistance 
     Act of 1961.
       (f) Funds appropriated in this or prior appropriations Acts 
     that are or have been made available for an Enterprise Fund 
     in the New Independent States of the Former Soviet Union may 
     be deposited by such Fund in interest-bearing accounts prior 
     to the disbursement of such funds by the Fund for program 
     purposes. The Fund may retain for such program purposes any 
     interest earned on such deposits without returning such 
     interest to the Treasury of the United States and without 
     further appropriation by the Congress. Funds made available 
     for Enterprise Funds shall be expended at the minimum rate 
     necessary to make timely payment for projects and activities.
       (g) In issuing new task orders, entering into contracts, or 
     making grants, with funds appropriated in this Act or prior 
     appropriations Acts under the heading ``Assistance for the 
     New Independent States of the Former Soviet Union'' for 
     projects or activities that have as one of their primary 
     purposes the fostering of private sector development, the 
     Coordinator for United States Assistance to the New 
     Independent States and the implementing agency shall 
     encourage the participation of and give significant weight to 
     contractors and grantees who propose investing a significant 
     amount of their own resources (including volunteer services 
     and in-kind contributions) in such projects and activities.
       (h)(1) Withholding of Assistance.--None of the funds 
     appropriated by this Act may be made available for assistance 
     for the Government of the Russian Federation, after 180 days 
     from the date of enactment of this Act, until agreement has 
     been reached that assistance provided with funds appropriated 
     by this Act will not be subject to customs duties or that 
     legislation has been enacted and is in force that exempts 
     such assistance from being subject to customs duties.
       (2) Waiver.--Notwithstanding paragraph (1), assistance may 
     be provided for the Government of the Russian Federation if 
     the President determines that significant progress has been 
     made on reaching an agreement, or enacting and enforcing 
     legislation, that meets the objectives of this section to 
     provide exemption from customs duties for assistance 
     furnished under this Act.


   prohibition on funding for abortions and involuntary sterilization

       Sec. 518. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, 
     may be used to pay for the performance of abortions as a 
     method of family planning or to motivate or coerce any 
     person to practice abortions. None of the funds made 
     available to carry out part I of the Foreign Assistance 
     Act of 1961, as amended, may be used to pay for the 
     performance of involuntary sterilization as a method of 
     family planning or to coerce or provide any financial 
     incentive to any person to undergo sterilizations. None of 
     the funds made available to carry out part I of the 
     Foreign Assistance Act of 1961, as amended, may be used to 
     pay for any biomedical research which relates in whole or 
     in part, to methods of, or the performance of, abortions 
     or involuntary sterilization as a means of family 
     planning. None of the funds made available to carry out 
     part I of the Foreign Assistance Act of 1961, as amended, 
     may be obligated or expended for any country or 
     organization if the President certifies that the use of 
     these funds by any such country or organization would 
     violate any of the above provisions related to abortions 
     and involuntary sterilizations: Provided, That none of the 
     funds made available under this Act may be used to lobby 
     for or against abortion.


         excess defense articles for central european countries

       Sec. 519. Section 105 of Public Law 104-164 (110 Stat. 
     1427) is amended by striking ``1996 and 1997'' and inserting 
     ``1999 and 2000''.


                   special notification requirements

       Sec. 520. None of the funds appropriated by this Act shall 
     be obligated or expended for Colombia, Honduras, Haiti, 
     Liberia, Pakistan, Serbia, Sudan, or the Democratic Republic 
     of Congo except as provided through the regular notification 
     procedures of the Committees on Appropriations.


              definition of program, project, and activity

       Sec. 521. For the purpose of this Act, ``program, project, 
     and activity'' shall be defined at the appropriations Act 
     account level and shall include all appropriations and 
     authorizations Acts earmarks, ceilings, and limitations with 
     the exception that for the following accounts: Economic 
     Support Fund and Foreign Military Financing Program, 
     ``program, project, and activity'' shall also be considered 
     to include country, regional, and central program level 
     funding within each such account; for the development 
     assistance accounts of the Agency for International 
     Development ``program, project, and activity'' shall also be 
     considered to include central program level funding, either 
     as: (1) justified to the Congress; or (2) allocated by the 
     executive branch in accordance with a report, to be provided 
     to the Committees on Appropriations within 30 days of 
     enactment of this Act, as required by section 653(a) of the 
     Foreign Assistance Act of 1961.


               child survival, aids, and other activities

       Sec. 522. Up to $10,000,000 of the funds made available by 
     this Act for assistance for family planning, health, child 
     survival, basic education, AIDS and other infectious 
     diseases, may be used to reimburse United States Government 
     agencies, agencies of State governments, institutions of 
     higher learning, and private and voluntary organizations for 
     the full cost of individuals (including for the personal 
     services of such individuals) detailed or assigned to, or 
     contracted by, as the case may be, the Agency for 
     International Development for the purpose of carrying out 
     family planning activities, child survival, and basic 
     education activities, and activities relating to research on, 
     and the prevention, treatment and control of acquired immune 
     deficiency syndrome or other diseases in developing 
     countries: Provided, That funds appropriated by this Act that 
     are made available for child survival activities or disease 
     programs including activities relating to research on, and 
     the prevention, treatment and control of, acquired immune 
     deficiency syndrome may be made available notwithstanding any 
     provision of law that restricts assistance to foreign 
     countries: Provided further, That funds appropriated under 
     title II of this Act may be made available pursuant to 
     section 301 of the Foreign Assistance Act of 1961 if a 
     primary purpose of the assistance is for child survival and 
     related programs: Provided further, That funds appropriated 
     by this Act that are made available for family planning 
     activities may be made available notwithstanding section 512 
     of this Act and section 620(q) of the Foreign Assistance Act 
     of 1961.


       prohibition against indirect funding to certain countries

       Sec. 523. None of the funds appropriated or otherwise made 
     available pursuant to this Act shall be obligated to finance 
     indirectly any assistance or reparations to Cuba, Iraq, 
     Libya, Iran, Syria, North Korea, or the People's Republic 
     of China, unless the President of the United States 
     certifies that the withholding of these funds is contrary 
     to the national interest of the United States.


                           reciprocal leasing

       Sec. 524. Section 61(a) of the Arms Export Control Act is 
     amended by striking out ``1998'' and inserting in lieu 
     thereof ``the current fiscal year''.


                NOTIFICATION ON EXCESS DEFENSE EQUIPMENT

       Sec. 525. Prior to providing excess Department of Defense 
     articles in accordance with section 516(a) of the Foreign 
     Assistance Act of 1961, the Department of Defense shall 
     notify the Committees on Appropriations to the same extent 
     and under the same conditions as are other committees 
     pursuant to subsection (c) of that section: Provided, That 
     before issuing a letter of offer to sell excess defense 
     articles under the Arms Export Control Act, the Department of 
     Defense shall notify the Committees on Appropriations in 
     accordance with the regular notification procedures of such 
     Committees: Provided further, That such Committees shall also 
     be informed of the original acquisition cost of such defense 
     articles.


                       AUTHORIZATION REQUIREMENT

       Sec. 526. Funds appropriated by this Act may be obligated 
     and expended notwithstanding section 10 of Public Law 91-672 
     and section 15 of the State Department Basic Authorities Act 
     of 1956.


                           democracy in china

       Sec. 527. Notwithstanding any other provision of law that 
     restricts assistance to foreign countries, funds appropriated 
     by this Act for ``Economic Support Fund'' may be made 
     available to provide general support for nongovernmental 
     organizations located outside the People's Republic of China 
     that have as their primary purpose fostering democracy in 
     that country, and for activities of nongovernmental 
     organizations located outside the People's Republic of China 
     to foster democracy in that country: Provided, That none of 
     the funds made available for activities to foster democracy 
     in the People's Republic of China may be made available for 
     assistance to the government of that country.


       PROHIBITION ON BILATERAL ASSISTANCE TO TERRORIST COUNTRIES

       Sec. 528. (a) Notwithstanding any other provision of law, 
     funds appropriated for bilateral assistance under any heading 
     of this Act and funds appropriated under any such heading in 
     a provision of law enacted prior to enactment of this Act, 
     shall not be made available to any country which the 
     President determines--
       (1) grants sanctuary from prosecution to any individual or 
     group which has committed an act of international terrorism, 
     or
       (2) otherwise supports international terrorism.
       (b) The President may waive the application of subsection 
     (a) to a country if the President determines that national 
     security or humanitarian reasons justify such waiver. The 
     President shall publish each waiver in the Federal Register 
     and, at least fifteen days before the waiver takes effect, 
     shall notify the Committees on Appropriations of the waiver 
     (including the justification for the waiver) in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations.


                 COMMERCIAL LEASING OF DEFENSE ARTICLES

       Sec. 529. Notwithstanding any other provision of law, and 
     subject to the regular notification procedures of the 
     Committees on Appropriations, the authority of section 23(a) 
     of the Arms Export Control Act may be used to provide 
     financing to Israel, Egypt and NATO and major non-NATO allies 
     for the procurement by leasing (including leasing with an 
     option to purchase) of defense articles from United States 
     commercial suppliers, not including Major Defense Equipment 
     (other

[[Page H11092]]

     than helicopters and other types of aircraft having possible 
     civilian application), if the President determines that there 
     are compelling foreign policy or national security reasons 
     for those defense articles being provided by commercial lease 
     rather than by government-to-government sale under such Act.


                         COMPETITIVE INSURANCE

       Sec. 530. All Agency for International Development 
     contracts and solicitations, and subcontracts entered into 
     under such contracts, shall include a clause requiring that 
     United States insurance companies have a fair opportunity to 
     bid for insurance when such insurance is necessary or 
     appropriate.


                  STINGERS IN THE PERSIAN GULF REGION

       Sec. 531. Except as provided in section 581 of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1990, the United States may not sell or 
     otherwise make available any Stingers to any country 
     bordering the Persian Gulf under the Arms Export Control Act 
     or chapter 2 of part II of the Foreign Assistance Act of 
     1961.


                          DEBT-FOR-DEVELOPMENT

       Sec. 532. In order to enhance the continued participation 
     of nongovernmental organizations in economic assistance 
     activities under the Foreign Assistance Act of 1961, 
     including endowments, debt-for-development and debt-for-
     nature exchanges, a nongovernmental organization which is a 
     grantee or contractor of the Agency for International 
     Development may place in interest bearing accounts funds made 
     available under this Act or prior Acts or local currencies 
     which accrue to that organization as a result of economic 
     assistance provided under title II of this Act and any 
     interest earned on such investment shall be used for the 
     purpose for which the assistance was provided to that 
     organization.


                           SEPARATE ACCOUNTS

       Sec. 533. (a) Separate Accounts for Local Currencies.--(1) 
     If assistance is furnished to the government of a foreign 
     country under chapters 1 and 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961 under 
     agreements which result in the generation of local currencies 
     of that country, the Administrator of the Agency for 
     International Development shall--
       (A) require that local currencies be deposited in a 
     separate account established by that government;
       (B) enter into an agreement with that government which sets 
     forth--
       (i) the amount of the local currencies to be generated, and
       (ii) the terms and conditions under which the currencies so 
     deposited may be utilized, consistent with this section; and
       (C) establish by agreement with that government the 
     responsibilities of the Agency for International Development 
     and that government to monitor and account for deposits into 
     and disbursements from the separate account.
       (2) Uses of Local Currencies.--As may be agreed upon with 
     the foreign government, local currencies deposited in a 
     separate account pursuant to subsection (a), or an equivalent 
     amount of local currencies, shall be used only--
       (A) to carry out chapters 1 or 10 of part I or chapter 4 of 
     part II (as the case may be), for such purposes as--
       (i) project and sector assistance activities, or
       (ii) debt and deficit financing, or
       (B) for the administrative requirements of the United 
     States Government.
       (3) Programming Accountability.--The Agency for 
     International Development shall take all necessary steps to 
     ensure that the equivalent of the local currencies disbursed 
     pursuant to subsection (a)(2)(A) from the separate account 
     established pursuant to subsection (a)(1) are used for the 
     purposes agreed upon pursuant to subsection (a)(2).
       (4) Termination of Assistance Programs.--Upon termination 
     of assistance to a country under chapters 1 or 10 of part I 
     or chapter 4 of part II (as the case may be), any 
     unencumbered balances of funds which remain in a separate 
     account established pursuant to subsection (a) shall be 
     disposed of for such purposes as may be agreed to by the 
     government of that country and the United States Government.
       (5) Conforming Amendments.--The tenth and eleventh provisos 
     contained under the heading ``Sub-Saharan Africa, Development 
     Assistance'' as included in the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1989 and 
     sections 531(d) and 609 of the Foreign Assistance Act of 1961 
     are repealed.
       (6) Reporting Requirement.--The Administrator of the Agency 
     for International Development shall report on an annual basis 
     as part of the justification documents submitted to the 
     Committees on Appropriations on the use of local currencies 
     for the administrative requirements of the United States 
     Government as authorized in subsection (a)(2)(B), and such 
     report shall include the amount of local currency (and United 
     States dollar equivalent) used and/or to be used for such 
     purpose in each applicable country.
       (b) Separate Accounts for Cash Transfers.--(1) If 
     assistance is made available to the government of a foreign 
     country, under chapters 1 or 10 of part I or chapter 4 of 
     part II of the Foreign Assistance Act of 1961, as cash 
     transfer assistance or as nonproject sector assistance, 
     that country shall be required to maintain such funds in a 
     separate account and not commingle them with any other 
     funds.
       (2) Applicability of Other Provisions of Law.--Such funds 
     may be obligated and expended notwithstanding provisions of 
     law which are inconsistent with the nature of this assistance 
     including provisions which are referenced in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying House Joint Resolution 648 (H. Report No. 98-
     1159).
       (3) Notification.--At least fifteen days prior to 
     obligating any such cash transfer or nonproject sector 
     assistance, the President shall submit a notification through 
     the regular notification procedures of the Committees on 
     Appropriations, which shall include a detailed description of 
     how the funds proposed to be made available will be used, 
     with a discussion of the United States interests that will be 
     served by the assistance (including, as appropriate, a 
     description of the economic policy reforms that will be 
     promoted by such assistance).
       (4) Exemption.--Nonproject sector assistance funds may be 
     exempt from the requirements of subsection (b)(1) only 
     through the notification procedures of the Committees on 
     Appropriations.


  compensation for united states executive directors to international 
                         financial institutions

       Sec. 534. (a) No funds appropriated by this Act may be made 
     as payment to any international financial institution while 
     the United States Executive Director to such institution is 
     compensated by the institution at a rate which, together with 
     whatever compensation such Director receives from the United 
     States, is in excess of the rate provided for an individual 
     occupying a position at level IV of the Executive Schedule 
     under section 5315 of title 5, United States Code, or while 
     any alternate United States Director to such institution is 
     compensated by the institution at a rate in excess of the 
     rate provided for an individual occupying a position at level 
     V of the Executive Schedule under section 5316 of title 5, 
     United States Code.
       (b) For purposes of this section, ``international financial 
     institutions'' are: the International Bank for Reconstruction 
     and Development, the Inter-American Development Bank, the 
     Asian Development Bank, the Asian Development Fund, the 
     African Development Bank, the African Development Fund, the 
     International Monetary Fund, the North American Development 
     Bank, and the European Bank for Reconstruction and 
     Development.


         compliance with united nations sanctions against iraq

       Sec. 535. None of the funds appropriated or otherwise made 
     available pursuant to this Act to carry out the Foreign 
     Assistance Act of 1961 (including title IV of chapter 2 of 
     part I, relating to the Overseas Private Investment 
     Corporation) or the Arms Export Control Act may be used to 
     provide assistance to any country that is not in compliance 
     with the United Nations Security Council sanctions against 
     Iraq unless the President determines and so certifies to the 
     Congress that--
       (1) such assistance is in the national interest of the 
     United States;
       (2) such assistance will directly benefit the needy people 
     in that country; or
       (3) the assistance to be provided will be humanitarian 
     assistance for foreign nationals who have fled Iraq and 
     Kuwait.


           competitive pricing for sales of defense articles

       Sec. 536. Direct costs associated with meeting a foreign 
     customer's additional or unique requirements will continue to 
     be allowable under contracts under section 22(d) of the Arms 
     Export Control Act. Loadings applicable to such direct costs 
     shall be permitted at the same rates applicable to 
     procurement of like items purchased by the Department of 
     Defense for its own use.


  authorities for the peace corps, the inter-american foundation, the 
     african development foundation and the international fund for 
                        agricultural development

       Sec. 537. (a) Unless expressly provided to the contrary, 
     provisions of this or any other Act, including provisions 
     contained in prior Acts authorizing or making appropriations 
     for foreign operations, export financing, and related 
     programs, shall not be construed to prohibit activities 
     authorized by or conducted under the Peace Corps Act, the 
     Inter-American Foundation Act, or the African Development 
     Foundation Act. The appropriate agency shall promptly report 
     to the Committees on Appropriations whenever it is conducting 
     activities or is proposing to conduct activities in a country 
     for which assistance is prohibited.
       (b) Unless expressly provided to the contrary, limitations 
     on the availability of funds for ``International 
     Organizations and Programs'' in this or any other Act, 
     including prior appropriations Acts, shall not be construed 
     to be applicable to the International Fund for Agricultural 
     Development.


                  impact on jobs in the united states

       Sec. 538. None of the funds appropriated by this Act may be 
     obligated or expended to provide--
       (a) any financial incentive to a business enterprise 
     currently located in the United States for the purpose of 
     inducing such an enterprise to relocate outside the United 
     States if such incentive or inducement is likely to reduce 
     the number of employees of such business enterprise in the 
     United States because United States production is being 
     replaced by such enterprise outside the United States;
       (b) assistance for the purpose of establishing or 
     developing in a foreign country any export processing zone or 
     designated area in which the tax, tariff, labor, environment, 
     and safety laws of that country do not apply, in part or in 
     whole, to activities carried out within that zone or area, 
     unless the President determines and certifies that such 
     assistance is not likely to cause a loss of jobs within the 
     United States; or
       (c) assistance for any project or activity that contributes 
     to the violation of internationally recognized workers 
     rights, as defined in section 502(a)(4) of the Trade Act of 
     1974, of workers in the recipient country, including any 
     designated zone or area in that country: Provided, That in 
     recognition that the application of this subsection should be 
     commensurate with the level

[[Page H11093]]

     of development of the recipient country and sector, the 
     provisions of this subsection shall not preclude assistance 
     for the informal sector in such country, micro and small-
     scale enterprise, and smallholder agriculture.


                      Serbia-Montenegro and Kosova

       Sec. 539. (a) Restrictions.--None of the funds in this or 
     any other Act may be made available to modify or remove any 
     sanction, prohibition or requirement with respect to Serbia-
     Montenegro unless the President first submits to the Congress 
     a certification described in subsection (c).
       (b) International Financial Institutions.--The Secretary of 
     the Treasury shall instruct the United States executive 
     directors of the international financial institutions to work 
     in opposition to, and vote against, any extension by such 
     institutions of any financial or technical assistance or 
     grants of any kind to the government of Serbia-Montenegro, 
     unless the President first submits to the Congress a 
     certification described in subsection (c).
       (c) Certification.--A certification described in this 
     subsection is a certification that--
       (1) there is substantial improvement in the human rights 
     situation in Kosova;
       (2) international human rights observers are allowed to 
     return to Kosova;
       (3) Serbian, Serbian-Montenegrin federal government 
     officials, and representatives of the ethnic Albanian 
     community in Kosova have agreed on and begun implementation 
     of a negotiated settlement on the future status of Kosova; 
     and
       (4) the government of Serbia-Montenegro is fully complying 
     with its obligations as a signatory to the General Framework 
     Agreement for Peace in Bosnia-Herzegovina including fully 
     cooperating with the International Criminal Tribunal for the 
     Former Yugoslavia.
       (d) Waiver Authority.--The President may waive the 
     application, in whole or in part, of subsections (a) and (b) 
     if he certifies in writing to the Congress that the waiver is 
     necessary to meet emergency humanitarian needs or to advance 
     negotiations toward a peaceful settlement of the conflict in 
     Kosova that is acceptable to the parties.
       (e) Exemption for Montenegro.--This section shall not apply 
     to Montenegro.


                          special authorities

       Sec. 540. (a) Funds appropriated in titles I and II of this 
     Act that are made available for Afghanistan, Lebanon, 
     Montenegro, and for victims of war, displaced children, 
     displaced Burmese, humanitarian assistance for Romania, and 
     humanitarian assistance for the peoples of Kosova, may be 
     made available notwithstanding any other provision of law.
       (b) Funds appropriated by this Act to carry out the 
     provisions of sections 103 through 106 of the Foreign 
     Assistance Act of 1961 may be used, notwithstanding any other 
     provision of law, for the purpose of supporting tropical 
     forestry and biodiversity conservation activities and, 
     subject to the regular notification procedures of the 
     Committees on Appropriations, energy programs aimed at 
     reducing greenhouse gas emissions: Provided, That such 
     assistance shall be subject to sections 116, 502B, and 620A 
     of the Foreign Assistance Act of 1961.
       (c) The Agency for International Development may employ 
     personal services contractors, notwithstanding any other 
     provision of law, for the purpose of administering programs 
     for the West Bank and Gaza.
       (d)(1) Waiver.--The President may waive the provisions of 
     section 1003 of Public Law 100-204 if the President 
     determines and certifies in writing to the Speaker of the 
     House of Representatives and the President pro tempore of the 
     Senate that it is important to the national security 
     interests of the United States.
       (2) Period of Application of Waiver.--Any waiver pursuant 
     to paragraph (1) shall be effective for no more than a period 
     of six months at a time and shall not apply beyond twelve 
     months after enactment of this Act.


        policy on terminating the arab league boycott of israel

       Sec. 541. It is the sense of the Congress that--
       (1) the Arab League countries should immediately and 
     publicly renounce the primary boycott of Israel and the 
     secondary and tertiary boycott of American firms that have 
     commercial ties with Israel;
       (2) the decision by the Arab League in 1997 to reinstate 
     the boycott against Israel was deeply troubling and 
     disappointing;
       (3) the Arab League should immediately rescind its decision 
     on the boycott and its members should develop normal 
     relations with their neighbor Israel; and
       (4) the President should--
       (A) take more concrete steps to encourage vigorously Arab 
     League countries to renounce publicly the primary boycotts of 
     Israel and the secondary and tertiary boycotts of American 
     firms that have commercial relations with Israel as a 
     confidence-building measure;
       (B) take into consideration the participation of any 
     recipient country in the primary boycott of Israel and the 
     secondary and tertiary boycotts of American firms that 
     have commercial relations with Israel when determining 
     whether to sell weapons to said country;
       (C) report to Congress on the specific steps being taken by 
     the President to bring about a public renunciation of the 
     Arab primary boycott of Israel and the secondary and tertiary 
     boycotts of American firms that have commercial relations 
     with Israel and to expand the process of normalizing ties 
     between Arab League countries and Israel; and
       (D) encourage the allies and trading partners of the United 
     States to enact laws prohibiting businesses from complying 
     with the boycott and penalizing businesses that do comply.


                       anti-narcotics activities

       Sec. 542. (a) Of the funds appropriated by this Act for 
     ``Economic Support Fund'', assistance may be provided to 
     strengthen the administration of justice in countries in 
     Latin America and the Caribbean and in other regions 
     consistent with the provisions of section 534(b) of the 
     Foreign Assistance Act of 1961, except that programs to 
     enhance protection of participants in judicial cases may be 
     conducted notwithstanding section 660 of that Act.
       (b) Funds made available pursuant to this section may be 
     made available notwithstanding section 534(c) and the second 
     and third sentences of section 534(e) of the Foreign 
     Assistance Act of 1961.


                       eligibility for assistance

       Sec. 543. (a) Assistance Through Nongovernmental 
     Organizations.--Restrictions contained in this or any other 
     Act with respect to assistance for a country shall not be 
     construed to restrict assistance in support of programs of 
     nongovernmental organizations from funds appropriated by this 
     Act to carry out the provisions of chapters 1, 10, and 11 of 
     part I and chapter 4 of part II of the Foreign Assistance Act 
     of 1961, and from funds appropriated under the heading 
     ``Assistance for Eastern Europe and the Baltic States'': 
     Provided, That the President shall take into consideration, 
     in any case in which a restriction on assistance would be 
     applicable but for this subsection, whether assistance in 
     support of programs of nongovernmental organizations is in 
     the national interest of the United States: Provided further, 
     That before using the authority of this subsection to furnish 
     assistance in support of programs of nongovernmental 
     organizations, the President shall notify the Committees on 
     Appropriations under the regular notification procedures of 
     those committees, including a description of the program to 
     be assisted, the assistance to be provided, and the reasons 
     for furnishing such assistance: Provided further, That 
     nothing in this subsection shall be construed to alter any 
     existing statutory prohibitions against abortion or 
     involuntary sterilizations contained in this or any other 
     Act.
       (b) Public Law 480.--During fiscal year 1999, restrictions 
     contained in this or any other Act with respect to assistance 
     for a country shall not be construed to restrict assistance 
     under the Agricultural Trade Development and Assistance Act 
     of 1954: Provided, That none of the funds appropriated to 
     carry out title I of such Act and made available pursuant to 
     this subsection may be obligated or expended except as 
     provided through the regular notification procedures of the 
     Committees on Appropriations.
       (c) Exception.--This section shall not apply--
       (1) with respect to section 620A of the Foreign Assistance 
     Act or any comparable provision of law prohibiting assistance 
     to countries that support international terrorism; or
       (2) with respect to section 116 of the Foreign Assistance 
     Act of 1961 or any comparable provision of law prohibiting 
     assistance to countries that violate internationally 
     recognized human rights.


                                earmarks

       Sec. 544. (a) Funds appropriated by this Act which are 
     earmarked may be reprogrammed for other programs within the 
     same account notwithstanding the earmark if compliance 
     with the earmark is made impossible by operation of any 
     provision of this or any other Act or, with respect to a 
     country with which the United States has an agreement 
     providing the United States with base rights or base 
     access in that country, if the President determines that 
     the recipient for which funds are earmarked has 
     significantly reduced its military or economic cooperation 
     with the United States since enactment of the Foreign 
     Operations, Export Financing, and Related Programs 
     Appropriations Act, 1991; however, before exercising the 
     authority of this subsection with regard to a base rights 
     or base access country which has significantly reduced its 
     military or economic cooperation with the United States, 
     the President shall consult with, and shall provide a 
     written policy justification to the Committees on 
     Appropriations: Provided, That any such reprogramming 
     shall be subject to the regular notification procedures of 
     the Committees on Appropriations: Provided further, That 
     assistance that is reprogrammed pursuant to this 
     subsection shall be made available under the same terms 
     and conditions as originally provided.
       (b) In addition to the authority contained in subsection 
     (a), the original period of availability of funds 
     appropriated by this Act and administered by the Agency for 
     International Development that are earmarked for particular 
     programs or activities by this or any other Act shall be 
     extended for an additional fiscal year if the Administrator 
     of such agency determines and reports promptly to the 
     Committees on Appropriations that the termination of 
     assistance to a country or a significant change in 
     circumstances makes it unlikely that such earmarked funds can 
     be obligated during the original period of availability: 
     Provided, That such earmarked funds that are continued 
     available for an additional fiscal year shall be obligated 
     only for the purpose of such earmark.


                         ceilings and earmarks

       Sec. 545. Ceilings and earmarks contained in this Act shall 
     not be applicable to funds or authorities appropriated or 
     otherwise made available by any subsequent Act unless such 
     Act specifically so directs. Earmarks or minimum funding 
     requirements contained in any other Act shall not be 
     applicable to funds appropriated by this Act.


                 prohibition on publicity or propaganda

       Sec. 546. No part of any appropriation contained in this 
     Act shall be used for publicity or propaganda purposes within 
     the United States not authorized before the date of enactment 
     of this Act by the Congress: Provided, That not to exceed 
     $750,000 may be made available to carry out the provisions of 
     section 316 of Public Law 96-533.

[[Page H11094]]

            purchase of american-made equipment and products

       Sec. 547. (a) To the maximum extent possible, assistance 
     provided under this Act should make full use of American 
     resources, including commodities, products, and services.
       (b) It is the sense of the Congress that, to the greatest 
     extent practicable, all agriculture commodities, equipment 
     and products purchased with funds made available in this Act 
     should be American-made.
       (c) In providing financial assistance to, or entering into 
     any contract with, any entity using funds made available in 
     this Act, the head of each Federal agency, to the greatest 
     extent practicable, shall provide to such entity a notice 
     describing the statement made in subsection (b) by the 
     Congress.


           prohibition of payments to united nations members

       Sec. 548. None of the funds appropriated or made available 
     pursuant to this Act for carrying out the Foreign Assistance 
     Act of 1961, may be used to pay in whole or in part any 
     assessments, arrearages, or dues of any member of the United 
     Nations.


                          consulting services

       Sec. 549. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order pursuant to existing 
     law.


             private voluntary organizations--documentation

       Sec. 550. None of the funds appropriated or made available 
     pursuant to this Act shall be available to a private 
     voluntary organization which fails to provide upon timely 
     request any document, file, or record necessary to the 
     auditing requirements of the Agency for International 
     Development.


  Prohibition on Assistance to Foreign Governments that Export Lethal 
   Military Equipment to Countries Supporting International Terrorism

       Sec. 551. (a) None of the funds appropriated or otherwise 
     made available by this Act may be available to any foreign 
     government which provides lethal military equipment to a 
     country the government of which the Secretary of State has 
     determined is a terrorist government for purposes of section 
     40(d) of the Arms Export Control Act or any other comparable 
     provision of law. The prohibition under this section with 
     respect to a foreign government shall terminate 12 months 
     after that government ceases to provide such military 
     equipment. This section applies with respect to lethal 
     military equipment provided under a contract entered into 
     after October 1, 1997.
       (b) Assistance restricted by subsection (a) or any other 
     similar provision of law, may be furnished if the President 
     determines that furnishing such assistance is important to 
     the national interests of the United States.
       (c) Whenever the waiver of subsection (b) is exercised, the 
     President shall submit to the appropriate congressional 
     committees a report with respect to the furnishing of such 
     assistance. Any such report shall include a detailed 
     explanation of the assistance estimated to be provided, 
     including the estimated dollar amount of such assistance, and 
     an explanation of how the assistance furthers United States 
     national interests.


 withholding of assistance for parking fines owed by foreign countries

       Sec. 552. (a) In General.--Of the funds made available for 
     a foreign country under part I of the Foreign Assistance Act 
     of 1961, an amount equivalent to 110 percent of the total 
     unpaid fully adjudicated parking fines and penalties owed to 
     the District of Columbia by such country as of the date of 
     enactment of this Act shall be withheld from obligation for 
     such country until the Secretary of State certifies and 
     reports in writing to the appropriate congressional 
     committees that such fines and penalties are fully paid to 
     the government of the District of Columbia.
       (b) Definition.--For purposes of this section, the term 
     ``appropriate congressional committees'' means the Committee 
     on Foreign Relations and the Committee on Appropriations of 
     the Senate and the Committee on International Relations and 
     the Committee on Appropriations of the House of 
     Representatives.


    limitation on assistance for the plo for the west bank and gaza

       Sec. 553. None of the funds appropriated by this Act may be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza unless the President 
     has exercised the authority under section 604(a) of the 
     Middle East Peace Facilitation Act of 1995 (title VI of 
     Public Law 104-107) or any other legislation to suspend or 
     make inapplicable section 307 of the Foreign Assistance Act 
     of 1961 and that suspension is still in effect: Provided, 
     That if the President fails to make the certification under 
     section 604(b)(2) of the Middle East Peace Facilitation Act 
     of 1995 or to suspend the prohibition under other 
     legislation, funds appropriated by this Act may not be 
     obligated for assistance for the Palestine Liberation 
     Organization for the West Bank and Gaza.


                     war crimes tribunals drawdown

       Sec. 554. If the President determines that doing so will 
     contribute to a just resolution of charges regarding genocide 
     or other violations of international humanitarian law, the 
     President may direct a drawdown pursuant to section 552(c) of 
     the Foreign Assistance Act of 1961, as amended, of up to 
     $30,000,000 of commodities and services for the United 
     Nations War Crimes Tribunal established with regard to the 
     former Yugoslavia by the United Nations Security Council or 
     such other tribunals or commissions as the Council may 
     establish to deal with such violations, without regard to the 
     ceiling limitation contained in paragraph (2) thereof: 
     Provided, That the determination required under this section 
     shall be in lieu of any determinations otherwise required 
     under section 552(c): Provided further, That sixty days after 
     the date of enactment of this Act, and every one hundred 
     eighty days thereafter, the Secretary of State shall submit a 
     report to the Committees on Appropriations describing the 
     steps the United States Government is taking to collect 
     information regarding allegations of genocide or other 
     violations of international law in the former Yugoslavia and 
     to furnish that information to the United Nations War Crimes 
     Tribunal for the former Yugoslavia: Provided further, That 
     the drawdown made under this section for any tribunal shall 
     not be construed as an endorsement or precedent for the 
     establishment of any standing or permanent international 
     criminal tribunal or court: Provided further, That funds 
     made available for tribunals or commissions other than for 
     Yugoslavia or Rwanda shall be made available subject to 
     the regular notification procedures of the Committees on 
     Appropriations.


                               landmines

       Sec. 555. Notwithstanding any other provision of law, 
     demining equipment available to the Agency for International 
     Development and the Department of State and used in support 
     of the clearance of landmines and unexploded ordnance for 
     humanitarian purposes may be disposed of on a grant basis in 
     foreign countries, subject to such terms and conditions as 
     the President may prescribe.


           restrictions concerning the palestinian authority

       Sec. 556. None of the funds appropriated by this Act may be 
     obligated or expended to create in any part of Jerusalem a 
     new office of any department or agency of the United States 
     Government for the purpose of conducting official United 
     States Government business with the Palestinian Authority 
     over Gaza and Jericho or any successor Palestinian governing 
     entity provided for in the Israel-PLO Declaration of 
     Principles: Provided, That this restriction shall not apply 
     to the acquisition of additional space for the existing 
     Consulate General in Jerusalem: Provided further, That 
     meetings between officers and employees of the United States 
     and officials of the Palestinian Authority, or any successor 
     Palestinian governing entity provided for in the Israel-PLO 
     Declaration of Principles, for the purpose of conducting 
     official United States Government business with such 
     authority should continue to take place in locations other 
     than Jerusalem. As has been true in the past, officers and 
     employees of the United States Government may continue to 
     meet in Jerusalem on other subjects with Palestinians 
     (including those who now occupy positions in the Palestinian 
     Authority), have social contacts, and have incidental 
     discussions.


               prohibition of payment of certain expenses

       Sec. 557. None of the funds appropriated or otherwise made 
     available by this Act under the heading ``International 
     Military Education and Training '' or ``Foreign Military 
     Financing Program'' for Informational Program activities may 
     be obligated or expended to pay for--
       (1) alcoholic beverages;
       (2) food (other than food provided at a military 
     installation) not provided in conjunction with Informational 
     Program trips where students do not stay at a military 
     installation; or
       (3) entertainment expenses for activities that are 
     substantially of a recreational character, including entrance 
     fees at sporting events and amusement parks.


                     equitable allocation of funds

       Sec. 558. Not more than 17 percent of the funds 
     appropriated by this Act to carry out the provisions of 
     sections 103 through 106 and chapter 4 of part II of the 
     Foreign Assistance Act of 1961, that are made available for 
     Latin America and the Caribbean region may be made available, 
     through bilateral and Latin America and the Caribbean 
     regional programs, to provide assistance for any country in 
     such region.


                  special debt relief for the poorest

       Sec. 559. (a) Authority To Reduce Debt.--The President may 
     reduce amounts owed to the United States (or any agency of 
     the United States) by an eligible country as a result of--
       (1) guarantees issued under sections 221 and 222 of the 
     Foreign Assistance Act of 1961;
       (2) credits extended or guarantees issued under the Arms 
     Export Control Act; or
       (3) any obligation or portion of such obligation for a 
     Latin American country, to pay for purchases of United States 
     agricultural commodities guaranteed by the Commodity Credit 
     Corporation under export credit guarantee programs authorized 
     pursuant to section 5(f ) of the Commodity Credit Corporation 
     Charter Act of June 29, 1948, as amended, section 4(b) of the 
     Food for Peace Act of 1966, as amended (Public Law 89-808), 
     or section 202 of the Agricultural Trade Act of 1978, as 
     amended (Public Law 95-501).
       (b) Limitations.--
       (1) The authority provided by subsection (a) may be 
     exercised only to implement multilateral official debt relief 
     ad referendum agreements, commonly referred to as ``Paris 
     Club Agreed Minutes''.
       (2) The authority provided by subsection (a) may be 
     exercised only in such amounts or to such extent as is 
     provided in advance by appropriations Acts.
       (3) The authority provided by subsection (a) may be 
     exercised only with respect to countries with heavy debt 
     burdens that are eligible to borrow from the International 
     Development Association, but not from the International Bank 
     for Reconstruction and Development, commonly referred to as 
     ``IDA-only'' countries.

[[Page H11095]]

       (c) Conditions.--The authority provided by subsection (a) 
     may be exercised only with respect to a country whose 
     government--
       (1) does not have an excessive level of military 
     expenditures;
       (2) has not repeatedly provided support for acts of 
     international terrorism;
       (3) is not failing to cooperate on international narcotics 
     control matters;
       (4) (including its military or other security forces) does 
     not engage in a consistent pattern of gross violations of 
     internationally recognized human rights; and
       (5) is not ineligible for assistance because of the 
     application of section 527 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995.
       (d) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     restructuring ''.
       (e) Certain Prohibitions Inapplicable.--A reduction of debt 
     pursuant to subsection (a) shall not be considered assistance 
     for purposes of any provision of law limiting assistance to a 
     country. The authority provided by subsection (a) may be 
     exercised notwithstanding section 620(r) of the Foreign 
     Assistance Act of 1961.


             authority to engage in debt buybacks or sales

       Sec. 560. (a) Loans Eligible for Sale, Reduction, or 
     Cancellation.--
       (1) Authority to sell, reduce, or cancel certain loans.--
     Notwithstanding any other provision of law, the President 
     may, in accordance with this section, sell to any eligible 
     purchaser any concessional loan or portion thereof made 
     before January 1, 1995, pursuant to the Foreign Assistance 
     Act of 1961, to the government of any eligible country as 
     defined in section 702(6) of that Act or on receipt of 
     payment from an eligible purchaser, reduce or cancel such 
     loan or portion thereof, only for the purpose of 
     facilitating--
       (A) debt-for-equity swaps, debt-for-development swaps, or 
     debt-for-nature swaps; or
       (B) a debt buyback by an eligible country of its own 
     qualified debt, only if the eligible country uses an 
     additional amount of the local currency of the eligible 
     country, equal to not less than 40 percent of the price paid 
     for such debt by such eligible country, or the difference 
     between the price paid for such debt and the face value of 
     such debt, to support activities that link conservation and 
     sustainable use of natural resources with local community 
     development, and child survival and other child development, 
     in a manner consistent with sections 707 through 710 of the 
     Foreign Assistance Act of 1961, if the sale, reduction, or 
     cancellation would not contravene any term or condition of 
     any prior agreement relating to such loan.
       (2) Terms and conditions.--Notwithstanding any other 
     provision of law, the President shall, in accordance with 
     this section, establish the terms and conditions under which 
     loans may be sold, reduced, or canceled pursuant to this 
     section.
       (3) Administration.--The Facility, as defined in section 
     702(8) of the Foreign Assistance Act of 1961, shall notify 
     the administrator of the agency primarily responsible for 
     administering part I of the Foreign Assistance Act of 1961 of 
     purchasers that the President has determined to be eligible, 
     and shall direct such agency to carry out the sale, 
     reduction, or cancellation of a loan pursuant to this 
     section. Such agency shall make an adjustment in its accounts 
     to reflect the sale, reduction, or cancellation.
       (4) Limitation.--The authorities of this subsection shall 
     be available only to the extent that appropriations for the 
     cost of the modification, as defined in section 502 of the 
     Congressional Budget Act of 1974, are made in advance.
       (b) Deposit of Proceeds.--The proceeds from the sale, 
     reduction, or cancellation of any loan sold, reduced, or 
     canceled pursuant to this section shall be deposited in the 
     United States Government account or accounts established for 
     the repayment of such loan.
       (c) Eligible Purchasers.--A loan may be sold pursuant to 
     subsection (a)(1)(A) only to a purchaser who presents plans 
     satisfactory to the President for using the loan for the 
     purpose of engaging in debt-for-equity swaps, debt-for-
     development swaps, or debt-for-nature swaps.
       (d) Debtor Consultations.--Before the sale to any eligible 
     purchaser, or any reduction or cancellation pursuant to this 
     section, of any loan made to an eligible country, the 
     President should consult with the country concerning the 
     amount of loans to be sold, reduced, or canceled and their 
     uses for debt-for-equity swaps, debt-for-development swaps, 
     or debt-for-nature swaps.
       (e) Availability of Funds.--The authority provided by 
     subsection (a) may be used only with regard to funds 
     appropriated by this Act under the heading ``Debt 
     restructuring ''.


                   limitation on assistance for haiti

       Sec. 561. (a) Limitation.--Funds appropriated by this Act 
     may be made available for assistance for the central 
     Government of Haiti only if the President reports to the 
     Committee on Appropriations and the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate that the Government of Haiti--
       (1) has completed privatization of (or placed under long-
     term private management or concession) three major public 
     entities including the completion of all required 
     incorporating documents, the transfer of assets, and the 
     eviction of unauthorized occupants of the land or facility;
       (2) has re-signed or is implementing the bilateral 
     Repatriation Agreement with the United States and in the 
     preceding six months that the central Government of Haiti is 
     cooperating with the United States in halting illegal 
     emigration from Haiti;
       (3) is conducting thorough investigations of extrajudicial 
     and political killings and has made substantial progress in 
     bringing to justice a person or persons responsible for one 
     or more extrajudicial or political killings in Haiti, and is 
     cooperating with United States authorities and with United 
     States-funded technical advisors to the Haitian National 
     Police in such investigations;
       (4) has taken action to remove from the Haitian National 
     Police, national palace and residential guard, ministerial 
     guard, and any other public security entity or unit of Haiti 
     those individuals who are credibly alleged to have engaged in 
     or conspired to conceal gross violations of internationally 
     recognized human rights or credibly alleged to have engaged 
     in or conspired to engage in narcotics trafficking; and
       (5) has ratified or is implementing the maritime counter-
     narcotics agreements signed in October 1997.
       (b) Availability of Electoral Assistance.--The limitation 
     in subsection (a) shall not apply to funds appropriated by 
     this Act that are made available to support elections in 
     Haiti if the President reports to the Congress that the 
     central Government of Haiti:
       (1) has achieved a transparent settlement of the contested 
     April 1997 elections; and
       (2) has made concrete progress on the constitution of a 
     credible and competent provisional electoral council that is 
     acceptable to a broad spectrum of political parties and 
     civic groups.
       (c) Exceptions.--The limitations in subsections (a) and (b) 
     shall not apply to the provision of--
       (1) counter-narcotics assistance, support for the Haitian 
     National Police's Special Investigations Unit and anti-
     corruption programs, the International Criminal Investigative 
     Assistance Program, and assistance in support of Haitian 
     customs and maritime officials;
       (2) food assistance management and support;
       (3) assistance for urgent humanitarian needs, such as 
     medical and other supplies and services in support of 
     community health services, schools, and orphanages; and
       (4) not more than $3,000,000 for the development and 
     support of political parties and civic groups.
       (d) Waiver.--At any time after 150 days from the date of 
     enactment of this Act, the Secretary of State may waive the 
     requirements contained in subsection (a)(1) if she reports to 
     the Committees specified in subsection (a) that the 
     Government of Haiti has satisfied the requirements of 
     subsection (a)(1) with regard to one major public entity and 
     has satisfied the remaining requirements of subsection (a).
       (e) Reports.--The Secretary of State shall provide to the 
     Committees specified in subsection (a) on a quarterly basis--
       (1) in consultation with the Secretary of Defense and the 
     Administrator of the Drug Enforcement Administration, a 
     report on the status and number of United States personnel 
     deployed in and around Haiti on Department of Defense, Drug 
     Enforcement Administration, and United Nations missions, 
     including displays by functional or operational assignment 
     for such personnel and the cost to the United States of these 
     operations; and
       (2) the monthly reports, prepared during the previous 
     quarter, of the Organization of American States/United 
     Nations International Civilian Mission to Haiti (MICIVIH).
       (f) Administration of Justice Assistance.--(1) The 
     limitation in subsection (a) shall not apply to funds 
     appropriated under this Act that are made available for the 
     Ministry of Justice for the training of judges if the 
     President determines and reports to the Committee on 
     Appropriations and the Committee on Foreign Relations of the 
     Senate, and the Committee on Appropriations and the Committee 
     on International Relations of the House of Representatives, 
     that Haiti's Minister of Justice--
       (A) has demonstrated a commitment to the professionalism of 
     judicial personnel by consistently placing students graduated 
     by the Judicial School in appropriate judicial positions and 
     has made a commitment to share program costs associated with 
     the Judicial School; and
       (B) is making progress in making the judicial branch in 
     Haiti independent from the executive branch.
       (2) The limitation in subsection (a) shall not apply to 
     funds to support the training of prosecutors, judicial 
     mentoring, legal assistance, and case management.


  requirement for disclosure of foreign aid in report of secretary of 
                                 state

       Sec. 562. (a) Foreign Aid Reporting Requirement.--In 
     addition to the voting practices of a foreign country, the 
     report required to be submitted to Congress under section 
     406(a) of the Foreign Relations Authorization Act, fiscal 
     years 1990 and 1991 (22 U.S.C. 2414a), shall include a side-
     by-side comparison of individual countries' overall support 
     for the United States at the United Nations and the amount of 
     United States assistance provided to such country in fiscal 
     year 1998.
       (b) United States Assistance.--For purposes of this 
     section, the term ``United States assistance'' has the 
     meaning given the term in section 481(e)(4) of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2291(e)(4)).


   restrictions on voluntary contributions to united nations agencies

       Sec. 563. (a) Prohibition on Voluntary Contributions for 
     the United Nations.--None of the funds appropriated by this 
     Act may be made available to pay any voluntary contribution 
     of the United States to the United Nations (including the 
     United Nations Development Program) if the United Nations 
     implements or imposes any taxation on any United States 
     persons.
       (b) Certification Required for Disbursement of Funds.--None 
     of the funds appropriated by this Act may be made available 
     to

[[Page H11096]]

     pay any voluntary contribution of the United States to the 
     United Nations (including the United Nations Development 
     Program) unless the President certifies to the Congress 15 
     days in advance of such payment that the United Nations is 
     not engaged in any effort to implement or impose any taxation 
     on United States persons in order to raise revenue for the 
     United Nations or any of its specialized agencies.
       (c) Definitions.--As used in this section the term ``United 
     States person'' refers to--
       (1) a natural person who is a citizen or national of the 
     United States; or
       (2) a corporation, partnership, or other legal entity 
     organized under the United States or any State, territory, 
     possession, or district of the United States.


                           burma labor report

       Sec. 564. Not later than ninety days after enactment of 
     this Act, the Secretary of Labor shall provide to the 
     Committees on Appropriations a report addressing labor 
     practices in Burma: Provided, That the report shall provide 
     comprehensive details on child labor practices, worker's 
     rights, forced relocation of laborers, forced labor performed 
     to support the tourism industry, and forced labor performed 
     in conjunction with, and in support of, the Yadonna gas 
     pipeline: Provided further, That the report should address 
     whether the government is in compliance with international 
     labor standards: Provided further, That the report should 
     provide details regarding the United States government's 
     efforts to address and correct practices of forced labor in 
     Burma.


                                 HAITI

       Sec. 565. The Government of Haiti shall be eligible to 
     purchase defense articles and services under the Arms Export 
     Control Act (22 U.S.C. 2751 et seq.), for the civilian-led 
     Haitian National Police and Coast Guard: Provided, That the 
     authority provided by this section shall be subject to the 
     regular notification procedures of the Committees on 
     Appropriations.


         limitation on assistance to the palestinian authority

       Sec. 566. (a) Prohibition of Funds.--None of the funds 
     appropriated by this Act to carry out the provisions of 
     chapter 4 of part II of the Foreign Assistance Act of 1961 
     may be obligated or expended with respect to providing funds 
     to the Palestinian Authority.
       (b) Waiver.--The prohibition included in subsection (a) 
     shall not apply if the President certifies in writing to the 
     Speaker of the House of Representatives and the President pro 
     tempore of the Senate that waiving such prohibition is 
     important to the national security interests of the United 
     States.
       (c) Period of Application of Waiver.--Any waiver pursuant 
     to subsection (b) shall be effective for no more than a 
     period of six months at a time and shall not apply beyond 
     twelve months after enactment of this Act.


         limitation on assistance to the government of croatia

       Sec. 567. None of the funds appropriated by title II of 
     this Act may be made available to the Government of Croatia 
     to relocate the remains of Croatian Ustashe soldiers, at the 
     site of the World War II concentration camp at Jasenovac, 
     Croatia.


              limitation on assistance to security forces

       Sec. 568. None of the funds made available by this Act may 
     be provided to any unit of the security forces of a foreign 
     country if the Secretary of State has credible evidence that 
     such unit has committed gross violations of human rights, 
     unless the Secretary determines and reports to the Committees 
     on Appropriations that the government of such country is 
     taking effective measures to bring the responsible members of 
     the security forces unit to justice: Provided, That nothing 
     in this section shall be construed to withhold funds made 
     available by this Act from any unit of the security forces of 
     a foreign country not credibly alleged to be involved in 
     gross violations of human rights: Provided further, That in 
     the event that funds are withheld from any unit pursuant to 
     this section, the Secretary of State shall promptly inform 
     the foreign government of the basis for such action and 
     shall, to the maximum extent practicable, assist the foreign 
     government in taking effective measures to bring the 
     responsible members of the security forces to justice.


      limitations on transfer of military equipment to east timor

       Sec. 569. In any agreement for the sale, transfer, or 
     licensing of any lethal equipment or helicopter for Indonesia 
     entered into by the United States pursuant to the 
     authority of this Act or any other Act, the agreement 
     shall state that the United States expects that the items 
     will not be used in East Timor: Provided, That nothing in 
     this section shall be construed to limit Indonesia's 
     inherent right to legitimate national self-defense as 
     recognized under the United Nations Charter and 
     international law.


restrictions on assistance to countries providing sanctuary to indicted 
                             war criminals

       Sec. 570. (a) Bilateral Assistance.--None of the funds made 
     available by this or any prior Act making appropriations for 
     foreign operations, export financing and related programs, 
     may be provided for any country, entity or canton described 
     in subsection (e).
       (b) Multilateral Assistance.--
       (1) Prohibition.--The Secretary of the Treasury shall 
     instruct the United States executive directors of the 
     international financial institutions to work in opposition 
     to, and vote against, any extension by such institutions of 
     any financial or technical assistance or grants of any kind 
     to any country or entity described in subsection (e).
       (2) Notification.--Not less than 15 days before any vote in 
     an international financial institution regarding the 
     extension of financial or technical assistance or grants to 
     any country or entity described in subsection (e), the 
     Secretary of the Treasury, in consultation with the Secretary 
     of State, shall provide to the Committee on Appropriations 
     and the Committee on Foreign Relations of the Senate and the 
     Committee on Appropriations and the Committee on Banking and 
     Financial Services of the House of Representatives a written 
     justification for the proposed assistance, including an 
     explanation of the United States position regarding any such 
     vote, as well as a description of the location of the 
     proposed assistance by municipality, its purpose, and its 
     intended beneficiaries.
       (3) Definition.--The term ``international financial 
     institution'' includes the International Monetary Fund, the 
     International Bank for Reconstruction and Development, the 
     International Development Association, the International 
     Finance Corporation, the Multilateral Investment Guaranty 
     Agency, and the European Bank for Reconstruction and 
     Development.
       (c) Exceptions.--
       (1) In general.--Subject to paragraph (2), subsections (a) 
     and (b) shall not apply to the provision of--
       (A) humanitarian assistance;
       (B) democratization assistance;
       (C) assistance for cross border physical infrastructure 
     projects involving activities in both a sanctioned country, 
     entity, or canton and a nonsanctioned contiguous country, 
     entity, or canton, if the project is primarily located in and 
     primarily benefits the nonsanctioned country, entity, or 
     canton and if the portion of the project located in the 
     sanctioned country, entity, or canton is necessary only to 
     complete the project;
       (D) small-scale assistance projects or activities requested 
     by United States Armed Forces that promote good relations 
     between such forces and the officials and citizens of the 
     areas in the United States SFOR sector of Bosnia;
       (E) implementation of the Brcko Arbitral Decision;
       (F) lending by the international financial institutions to 
     a country or entity to support common monetary and fiscal 
     policies at the national level as contemplated by the Dayton 
     Agreement; or
       (G) direct lending to a non-sanctioned entity, or lending 
     passed on by the national government to a non-sanctioned 
     entity.
       (H) assistance to the International Police Task Force for 
     the training of a civilian police force.
       (2) Notification.--Every 30 days the Secretary of State, in 
     consultation with the Administrator of the Agency for 
     International Development, shall publish in the Federal 
     Register and/or in a comparable publicly accessible document 
     or internet site, a listing and justification of any 
     assistance that is obligated within that period of time for 
     any country, entity, or canton described in subsection (e), 
     including a description of the purpose of the assistance 
     project and its location, by municipality.
       (d) Further limitations.--Notwithstanding subsection (c)--
       (1) no assistance may be made available by this Act, or any 
     prior Act making appropriations for foreign operations, 
     export financing and related programs, in any country, 
     entity, or canton described in subsection (e), for a program, 
     project, or activity in which a publicly indicted war 
     criminal is known to have any financial or material interest; 
     and
       (2) no assistance (other than emergency foods or medical 
     assistance or demining assistance) may be made available by 
     this Act, or any prior Act making appropriations for foreign 
     operations, export financing and related programs for any 
     program, project, or activity in a community within any 
     country, entity or canton described in subsection (e) if 
     competent authorities within that community are not complying 
     with the provisions of Article IX and Annex 4, Article II, 
     paragraph 8 of the Dayton Agreement relating to war crimes 
     and the Tribunal.
       (e) Sanctioned Country, Entity, or Canton.--A sanctioned 
     country, entity, or canton described in this section is one 
     whose competent authorities have failed, as determined by the 
     Secretary of State, to take necessary and significant steps 
     to apprehend and transfer to the Tribunal all persons who 
     have been publicly indicted by the Tribunal.
       (f) Waiver.--
       (1) In general.--The Secretary of State may waive the 
     application of subsection (a) or subsection (b) with respect 
     to specified bilateral programs or international financial 
     institution projects or programs in a sanctioned country, 
     entity, or canton upon providing a written determination to 
     the Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate and the Committee on Appropriations 
     and the Committee on International Relations of the House of 
     Representatives that such assistance directly supports the 
     implementation of the Dayton Agreement and its Annexes, which 
     include the obligation to apprehend and transfer indicted war 
     criminals to the Tribunal.
       (2) Report.--Not later than 15 days after the date of any 
     written determination under paragraph (1) the Secretary of 
     State shall submit a report to the Committee on 
     Appropriations and the Committee on Foreign Relations of the 
     Senate and the Committee on Appropriations and the Committee 
     on International Relations of the House of Representatives 
     regarding the status of efforts to secure the voluntary 
     surrender or apprehension and transfer of persons indicted by 
     the Tribunal, in accordance with the Dayton Agreement, and 
     outlining obstacles to achieving this goal; and
       (3) Assistance programs and projects affected.--Any waiver 
     made pursuant to this subsection shall be effective only with 
     respect to

[[Page H11097]]

     a specified bilateral program or multilateral assistance 
     project or program identified in the determination of the 
     Secretary of State to Congress.
       (g) Termination of Sanctions.--The sanctions imposed 
     pursuant to subsections (a) and (b) with respect to a country 
     or entity shall cease to apply only if the Secretary of State 
     determines and certifies to Congress that the authorities of 
     that country, entity, or canton have apprehended and 
     transferred to the Tribunal all persons who have been 
     publicly indicted by the Tribunal.
       (h) Definitions.--As used in this section--
       (1) Country.--The term ``country'' means Bosnia-
     Herzegovina, Croatia, Serbia, and Montenegro.
       (2) Entity.--The term ``entity'' refers to the Federation 
     of Bosnia and Herzegovina and the Republika Srpska.
       (3) Canton.--The term ``canton'' means the administrative 
     units in Bosnia and Herzegovina.
       (4) Dayton agreement.--The term ``Dayton Agreement'' means 
     the General Framework Agreement for Peace in Bosnia and 
     Herzegovina, together with annexes relating thereto, done at 
     Dayton, November 10 through 16, 1995.
       (5) Tribunal.--The term ``Tribunal'' means the 
     International Criminal Tribunal for the Former Yugoslavia.
       (i) Role of Human Rights Organizations and Government 
     Agencies.--In carrying out this section, the Secretary of 
     State, the Administrator of the Agency for International 
     Development, and the executive directors of the international 
     financial institutions shall consult with representatives of 
     human rights organizations and all government agencies with 
     relevant information to help prevent publicly indicted war 
     criminals from benefitting from any financial or technical 
     assistance or grants provided to any country or entity 
     described in subsection (e).


ADDITIONAL REQUIREMENTS RELATING TO STOCKPILING OF DEFENSE ARTICLES FOR 
                           FOREIGN COUNTRIES

       Sec. 571. (a) Value of Additions to Stockpiles.--Section 
     514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2321h(b)(2)(A)) is amended by striking the word ``and'' after 
     ``1997'', and inserting in lieu thereof a comma and inserting 
     before the period at the end the following: ``and 
     $340,000,000 for fiscal year 1999''.
       (b) Requirements Relating to the Republic of Korea and 
     Thailand.--Section 514(b)(2)(B) of such Act (22 U.S.C. 
     2321h(b)(2)(B)) is amended by adding at the end the 
     following: ``Of the amount specified in subparagraph (A) for 
     fiscal year 1999, not more than $320,000,000 may be made 
     available for stockpiles in the Republic of Korea and not 
     more than $20,000,000 may be made available for stockpiles in 
     Thailand.''.


 To Prohibit Foreign Assistance to the Government of Russia should it 
 enact laws which would discriminate against minority religious faiths 
                       in the Russian Federation

       Sec. 572. None of the funds appropriated under this Act may 
     be made available for the Government of Russian Federation, 
     after 180 days from the date of enactment of this Act, unless 
     the President determines and certifies in writing to the 
     Committee on Appropriations and the Committee on Foreign 
     Relations of the Senate that the Government of the Russian 
     Federation has implemented no statute, executive order, 
     regulation or similar government action that would 
     discriminate, or would have as its principal effect 
     discrimination, against religious groups or religious 
     communities in the Russian Federation in violation of 
     accepted international agreements on human rights and 
     religious freedoms to which the Russian Federation is a 
     party.


                        Greenhouse Gas Emissions

       Sec. 573. (a) Funds made available in this Act to support 
     programs or activities promoting country participation in the 
     Kyoto Protocol to the Framework Convention on Climate 
     Change (FCCC) shall only be made available subject to the 
     regular notification procedures of the Committees on 
     Appropriations.
       (b) The President shall provide a detailed account of all 
     Federal agency obligations and expenditures for climate 
     change programs and activities, domestic and international, 
     for fiscal year 1998, planned obligations for such activities 
     in fiscal year 1999, and any plan for programs thereafter 
     related to the implementation or the furtherance of protocols 
     pursuant to, or related to negotiations to amend the FCCC in 
     conjunction with the President's submission of the Budget of 
     the United States Government for Fiscal Year 2000: Provided, 
     That such report shall include an accounting of expenditures 
     by agency with each agency identifying climate change 
     activities and associated costs by line item as presented in 
     the President's Budget Appendix.


withholding assistance to countries violating united nations sanctions 
                             against libya

       Sec. 574. (a) Withholding of Assistance.--Except as 
     provided in subsection (b), whenever the President determines 
     and certifies to Congress that the government of any country 
     is violating any sanction against Libya imposed pursuant to 
     United Nations Security Council Resolution 731, 748, or 883, 
     then not less than 5 percent of the funds allocated for the 
     country under section 653(a) of the Foreign Assistance Act of 
     1961 out of appropriations in this Act shall be withheld from 
     obligation or expenditure for that country.
       (b) Exception.--The requirement to withhold funds under 
     subsection (a) shall not apply to funds appropriated in this 
     Act for allocation under section 653(a) of the Foreign 
     Assistance Act of 1961 for development assistance or for 
     humanitarian assistance.
       (c) Waiver.--Funds may be provided for a country without 
     regard to subsection (a) if the President determines that to 
     do so is in the national security interest of the United 
     States.


       AID TO THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF CONGO

       Sec. 575. (a) None of the funds appropriated by this Act 
     may be provided for assistance for the central Government of 
     the Democratic Government of Congo until such time as the 
     President reports in writing to the Congress that the central 
     Government is--
       (1) investigating and prosecuting those responsible for 
     human rights violations committed in the Democratic Republic 
     of Congo; and
       (2) implementing a credible democratic transition program.
       (b) This section shall not apply to assistance to promote 
     democracy and the rule of law as part of a plan to implement 
     a credible democratic transition program.


                     assistance for the middle east

       Sec. 576. Of the funds appropriated by this Act under the 
     headings ``Economic Support Fund'', ``Foreign Military 
     Financing '', ``International Military Education and Training 
     '', ``Peacekeeping Operations'', for refugees resettling in 
     Israel under the heading ``Migration and Refugee 
     Assistance'', and for assistance for Israel to carry out 
     provisions of chapter 8 of part II of the Foreign Assistance 
     Act of 1961 under the heading ``Nonproliferation, Anti-
     Terrorism, Demining, and Related Programs'', not more than a 
     total of $5,402,850,000 may be made available for Israel, 
     Egypt, Jordan, Lebanon, the West Bank and Gaza, the Israel-
     Lebanon Monitoring Group, the Multinational Force and 
     Observers, the Middle East Regional Democracy Fund, Middle 
     East Regional Cooperation, and Middle East Multilateral 
     Working Groups: Provided, That any funds that were 
     appropriated under such headings in prior fiscal years and 
     that were at the time of enactment of this Act obligated or 
     allocated for other recipients may not during fiscal year 
     1999 be made available for activities that, if funded under 
     this Act, would be required to count against this ceiling: 
     Provided further, That funds may be made available 
     notwithstanding the requirements of this section if the 
     President determines and certifies to the Committees on 
     Appropriations that it is important to the national 
     security interest of the United States to do so and any 
     such additional funds shall only be provided through the 
     regular notification procedures of the Committees on 
     Appropriations.


                      enterprise fund restrictions

       Sec. 577. Prior to the distribution of any assets resulting 
     from any liquidation, dissolution, or winding up of an 
     Enterprise Fund, in whole or in part, the President shall 
     submit to the Committees on Appropriations, in accordance 
     with the regular notification procedures of the Committees on 
     Appropriations, a plan for the distribution of the assets of 
     the Enterprise Fund.


                                cambodia

       Sec. 578. The Secretary of the Treasury should instruct the 
     United States executive directors of the international 
     financial institutions to use the voice and vote of the 
     United States to oppose loans to the Government of Cambodia, 
     except loans to support basic human needs.


                 export financing transfer authorities

       Sec. 579. Not to exceed 5 percent of any appropriation 
     other than for administrative expenses made available for 
     fiscal year 1999 for programs under title I of this Act may 
     be transferred between such appropriations for use for any of 
     the purposes, programs and activities for which the funds in 
     such receiving account may be used, but no such 
     appropriation, except as otherwise specifically provided, 
     shall be increased by more than 25 percent by any such 
     transfer: Provided, That the exercise of such authority shall 
     be subject to the regular notification procedures of the 
     Committees on Appropriations.


                 authorization for population planning

       Sec. 580. (a) Not to exceed $385,000,000 of the funds 
     appropriated in title II of this Act may be available for 
     population planning activities or other population 
     assistance.
       (b) Such funds may be apportioned only on a monthly basis, 
     and such monthly apportionments may not exceed 8.34 percent 
     of the total available for such activities.


   REPORT ON ALL UNITED STATES MILITARY TRAINING PROVIDED TO FOREIGN 
                           MILITARY PERSONNEL

       Sec. 581. (a) The Secretary of Defense and the Secretary of 
     State shall jointly provide to the Congress by January 31, 
     1999, a report on all military training provided to foreign 
     military personnel under programs administered by the 
     Department of Defense and the Department of State during 
     fiscal years 1998 and 1999, including those proposed for 
     fiscal year 1999. This report shall include, for each such 
     military training activity, the foreign policy justification 
     and purpose for the training activity, the cost of the 
     training activity, the number of foreign students trained and 
     their units of operation, and the location of the training. 
     In addition, this report shall also include, with respect to 
     United States personnel, the operational benefits to United 
     States forces derived from each such training activity and 
     the United States military units involved in each such 
     training activity. This report may include a classified annex 
     if deemed necessary and appropriate.
       (b) For purposes of this section a report to Congress shall 
     be deemed to mean a report to the Appropriations and Foreign 
     Relations Committees of the Senate and the Appropriations and 
     International Relations Committees of the House of 
     Representatives.

[[Page H11098]]

            korean peninsula energy development organization

       Sec. 582. (a) Of the funds made available under the heading 
     ``Nonproliferation, anti-terrorism, Demining and Related 
     Programs'', not to exceed $35,000,000 may be made available 
     for the Korean Peninsula Energy Development Organization 
     (hereafter referred to in this section as ``KEDO''), 
     notwithstanding any other provision of law, only for the 
     administrative expenses and heavy fuel oil costs associated 
     with the Agreed Framework: Provided, That none of these funds 
     may be made available until March 1, 1999.
       (b) of the funds made available for KEDO, up to $15,000,000 
     may be made available prior to June 1, 1999, if, thirty days 
     prior to such obligation of funds, the President certifies 
     and so reports to Congress that:
       (1)(A) the parties to the Agreed Framework have taken and 
     continue to take demonstrable steps to assure that progress 
     is made on the implementation of the January 1, 1992, Joint 
     Declaration on the Denuclearization of the Korean Peninsula 
     in which the government of North Korea has committed not to 
     test, manufacture, produce, receive, possess, store, deploy 
     or use nuclear weapons:
       (B) the parties to the Agreed Framework have taken and 
     continue to take demonstrable steps to assure that progress 
     is made on the implementation of the North-South dialogue; 
     and
       (C) North Korea is complying with all provisions of the 
     Agreed Framework and with the Confidential Minute between 
     North Korea and the United States.
       (2) North Korea is cooperating fully in the canning and 
     safe storage of all spent fuel from its graphite-moderated 
     nuclear reactors;
       (3) North Korea has not significantly diverted assistance 
     provided by the United States for purposes for which it was 
     not intended; and
       (4) The United States is fully engaged in efforts to impede 
     North Korea's development and export of ballistic missiles; 
     and
       (c) Of the funds made available for KEDO, up to $20,000,000 
     may be made available on or after June 1, 1999, if, thirty 
     days prior to such obligation of funds, the President 
     certifies and so reports to Congress that:
       (1) the United States has initiated meaningful discussions 
     with North Korea on implementation of the Joint Declaration 
     on the Denuclearization of the Korean Peninsula;
       (2) the United States has reached agreement with North 
     Korea on the means for satisfying U.S. concerns regarding 
     suspect underground construction, and;
       (3) the United States is making significant progress on 
     reducing and eliminating the North Korean ballistic missile 
     threat, including its ballistic missile exports.
       (d) The President may waive the certification requirements 
     of subsections (b) and (c) if the President determines that 
     it is vital to the national security interests of the United 
     States and provides written policy justifications to the 
     appropriate congressional committees prior to his exercise of 
     such waiver. No funds may be obligated for KEDO until 30 days 
     after submission to Congress of such waiver.
       (e) Not later than January 1, 1999, the Presidential shall 
     name a ``North Korea Policy Coordinator'', who shall conduct 
     a full and complete interagency review of United States 
     policy toward North Korea, shall provide policy direction for 
     negotiations with North Korea related to nuclear weapons, 
     ballistic missiles, and other security related issues, and 
     shall also provide leadership for United States participation 
     in KEDO.
       (f) The Secretary of State shall submit to the appropriate 
     congressional committees an annual report (to be submitted 
     with the annual presentation for appropriations) providing a 
     full and detailed accounting of the fiscal year request for 
     the United States contribution to KEDO, the expected 
     operating budget of the KEDO, to include unpaid debt, 
     proposed annual costs associated with heavy fuel oil 
     purchases, and the amount of funds pledged by other donor 
     nations and organizations to support KEDO activities on a per 
     country basis, and other related activities.
       (g) The Secretary of Defense shall submit to the 
     appropriate congressional committees an annual report on the 
     degree to which KEDO's mission and the Agreed Framework 
     continue to promote important United States national security 
     interests, contribute to delaying North Korean indigenous 
     development of nuclear weapons-related technology, and 
     positively impact the level of tension on the Korean 
     Peninsula.


   National Advisory Council on International Monetary and Financial 
                                Policies

       Sec. 583. (a) Notwithstanding any other provision of law, 
     each annual report required by subsection 1701(a) of the 
     International Financial Institutions Act, as amended (Public 
     Law 95-118, 22 U.S.C. 262r), shall comprise--
       (1) an assessment of the effectiveness of the major 
     policies and operations of the international financial 
     institutions;
       (2) the major issues affecting United States participation;
       (3) the major developments in the past year;
       (4) the prospects for the coming year;
       (5) the progress made and steps taken to achieve United 
     States policy goals (including major policy goals embodied in 
     current law) with respect to the international financial 
     institutions; and
       (6) such data and explanations concerning the 
     effectiveness, operations, and policies of the international 
     financial institutions, such recommendations concerning the 
     international financial institutions, and such other data and 
     material as the Chairman may deem appropriate.
       (b) The requirements of Sections 1602(e), 1603(c), 1604(c), 
     and 1701(b) of the International Financial Institutions Act, 
     as amended (Public Law 95-118, 22 U.S.C. 262p-1, 262p-2, 
     262p-3 and 262(r)), Section 2018(c) of the International 
     Narcotics Control Act of 1986, as amended (Public Law 99-570, 
     22 U.S.C. 2291 note), Section 407(c) of the Foreign Debt 
     Reserving Act of 1989 (Public Law 101-240, 22 U.S.C. 2291 
     note), Section 14(c) of the Inter-American Development Bank 
     Act, as amended (Public Law 86-147, 22 U.S.C. 283j-1(c)), and 
     Section 1002 of the Freedom for Russia and Emerging Eurasian 
     Democracies and Open Markets Support Act of 1992 (Public Law 
     102-511) (22 U.S.C. 286ll(b)) shall no longer apply to the 
     contents of such annual reports.


 PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING CORPORATION

       Sec. 584. None of the funds appropriated or otherwise made 
     available by this Act may be used to provide equipment, 
     technical support, consulting services, or any other form of 
     assistance to the Palestinian Broadcasting Corporation.


       REPORT ON IRAQI DEVELOPMENT OF WEAPONS OF MASS DESTRUCTION

       Sec. 585. (a) Findings.--Congress finds that--
       (1) Iraq is continuing efforts to mask the extent of its 
     weapons of mass destruction and missile programs;
       (2) proposals to relax the current international inspection 
     regime would have potentially dangerous consequences for 
     international security; and
       (3) Iraq has demonstrated time and again that it cannot be 
     trusted to abide by international norms or by its own 
     agreements, and that the only way the international community 
     can be assured of Iraqi compliance is by ongoing inspection.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the international agencies charged with inspections in 
     Iraq--the International Atomic Energy Agency (IAEA) and the 
     United Nations Special Commission (UNSCOM) should maintain 
     vigorous inspections, including surprise inspections, within 
     Iraq; and
       (2) the United States should oppose any efforts to ease the 
     inspections regimes on Iraq until there is clear, credible 
     evidence that the Government of Iraq is in full compliance 
     with all relevant United Nations' resolutions.
       (c) Report.--Not later than 30 days after the date of 
     enactment of this Act, the President shall submit a report to 
     Congress on the United States Government's assessment of 
     Iraq's nuclear and other weapons of mass destruction programs 
     and its efforts to move toward procurement of nuclear weapons 
     and the means to deliver weapons of mass destruction. The 
     report shall also--
       (1) assess the United States view of the International 
     Atomic Energy Agency's action team reports and other IAEA 
     efforts to monitor the extent and nature of Iraq's nuclear 
     program; and
       (2) include the United States Government's opinion on the 
     value of maintaining the ongoing inspection regime rather 
     than replacing it with a passive monitoring system.


                    SENSE OF CONGRESS REGARDING IRAN

       Sec. 586. (a) The Congress finds that--
       (1) according to the Department of State, Iran continues to 
     support international terrorism, providing training, 
     financing, and weapons to such terrorist groups as Hizballah, 
     Islamic Jihad and Hamas;
       (2) Iran continues to oppose the Arab-Israeli peace process 
     and refuses to recognize Israel's right to exist;
       (3) Iran continues aggressively to seek weapons of mass 
     destruction and the missiles to deliver them;
       (4) it is long-standing United States policy to offer 
     official government-to-government dialogue with the Iranian 
     regime, such offers having been repeatedly rebuffed by 
     Tehran;
       (5) more than a year after the election of President 
     Khatemi, Iranian foreign policy continues to threaten 
     American security and that of our allies in the Middle East; 
     and
       (6) despite repeated offers and tentative steps toward 
     rapprochement with Iran by the Clinton Administration, 
     including a decision to waive sanctions under the Iran-Libya 
     Sanctions Act and the President's veto of the Iran Missile 
     Proliferation Sanctions Act, Iran has failed to reciprocate 
     in a meaningful manner.
       (b) Therefore it is the sense of the Congress that--
       (1) the Administration should make no concessions to the 
     Government of Iran unless and until that government moderates 
     its objectionable policies, including taking steps to end its 
     support of international terrorism, opposition to the Middle 
     East peace process, and the development and proliferation of 
     weapons of mass destruction and their means of delivery; and
       (2) there should be no change in United States policy 
     toward Iran until there is credible and sustained evidence of 
     a change in Iranian policies.


                         aid office of security

       Sec. 587. (a) Establishment of Office.--There shall be 
     established within the Office of the Administrator of the 
     Agency for International Development, an Office of Security. 
     Such Office of Security shall, notwithstanding any other 
     provision of law except section 207 of the Foreign Service 
     Act of 1980 and section 103 of Public Law 199-339, have the 
     responsibility for the supervision, direction, and control of 
     all security activities relating to the programs and 
     operations of that Agency.
       (b) Transfer and Allocation of Appropriations and 
     Personnel.--There are transferred to the Office of Security 
     all security functions exercised by the Office of 
     Inspector General of the Agency for International 
     Development exercised before the date of enactment of this 
     Act. The Administrator shall transfer from the Office of 
     the Inspector General of such Agency to the Office of 
     Security established by subsection (a), the personnel 
     (including the Senior Executive

[[Page H11099]]

     Service position designated for the Assistant Inspector 
     General for Security), assets, liabilities, grants, 
     contracts, property, records, and unexpended balances of 
     appropriations, and other funds held, used, available to, 
     or to be made available in connection with such functions. 
     Unexpended balances of appropriations, and other funds 
     made available or to be made available in connection with 
     such functions, shall be transferred to and merged with 
     funds appropriated by this Act under the heading 
     ``Operating Expenses of the Agency for International 
     Development''.
       (c) Transfer of Employees.--Any employee in the career 
     service who is transferred pursuant to this section shall be 
     placed in a position in the Office of Security established by 
     subsection (a) which is comparable to the position the 
     employee held in the Office of the Inspector General of the 
     Agency for International Development.


  SENSE OF CONGRESS REGARDING BALLISTIC MISSILE DEVELOPMENT BY NORTH 
                                 KOREA

       Sec. 588. (a) Congress makes the following findings:
       (1) North Korea has been active in developing new 
     generations of medium-range and intermediate-range ballistic 
     missiles, including both the Nodong and Taepo Dong class 
     missiles.
       (2) North Korea is not an adherent to the Missile 
     Technology Control Regime, actively cooperates with Iran and 
     Pakistan in ballistic missile programs, and has declared its 
     intention to continue to export ballistic missile technology.
       (3) North Korea has shared technology involved in the Taepo 
     Dong I missile program with Iran, which is concurrently 
     developing the Shahab-3 intermediate-range ballistic missile.
       (4) North Korea is developing the Taepo Dong II 
     intermediate-range ballistic missile, which is expected to 
     have sufficient range to put at risk United States 
     territories, forces, and allies throughout the Asia-Pacific 
     area.
       (5) Multistage missiles like the Taepo Dong class missile 
     can ultimately be extended to intercontinental range.
       (6) The bipartisan Commission to Assess the Ballistic 
     Missile Threat to the United States emphasized the need for 
     the United States intelligence community and United States 
     policy makers to review the methodology by which they assess 
     foreign missile programs in order to guard against 
     surprise developments with respect to such programs.
       (b) It is the sense of Congress that--
       (1) North Korea should be forcefully condemned for its 
     August 31, 1998, firing of a Taepo Dong I intermediate-range 
     ballistic missile over the sovereign territory of another 
     country, specifically Japan, an event that demonstrated an 
     advanced capability for employing multistage missiles, which 
     are by nature capable of extended range, including 
     intercontinental range;
       (2) the United States should reassess its cooperative space 
     launch programs with countries that continue to assist North 
     Korea and Iran in their ballistic missile and cruise missile 
     programs;
       (3) any financial or technical assistance provided to North 
     Korea should take into account the continuing conduct by that 
     country of activities which destabilize the region, including 
     the missile firing referred to in paragraph (1), continued 
     submarine incursions into South Korean territorial waters, 
     and violations of the demilitarized zone separating North 
     Korea and South Korea;
       (4) the recommendations of the Commission to Assess the 
     Ballistic Missile Threat to the United States should be 
     incorporated into the analytical processes of the United 
     States intelligence community as soon as possible; and
       (5) the United States should accelerate cooperative theater 
     missile defense programs with Japan.


              technical assistance to foreign governments

       Sec. 589. (a) Establishment of Program.--Chapter 1 of part 
     I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 
     seq.) is amended by adding at the end the following:

     ``SEC. 129. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO 
                   FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS 
                   OF DEVELOPING OR TRANSITIONAL COUNTRIES.

       ``(a) Establishment of Program.--
       ``(1) In general.--Not later than 150 days after the date 
     of the enactment of this section, the Secretary of the 
     Treasury, after consultation with the Secretary of State and 
     the Administrator of the United States Agency for 
     International Development, is authorized to establish a 
     program to provide technical assistance to foreign 
     governments and foreign central banks of developing or 
     transitional countries.
       ``(2) Role of secretary of state.--The Secretary of State 
     shall provide foreign policy guidance to the Secretary to 
     ensure that the program established under this subsection is 
     effectively integrated into the foreign policy of the United 
     States.
       ``(b) Conduct of Program.--
       ``(1) In general.--In carrying out the program established 
     under subsection (a), the Secretary shall provide economic 
     and financial technical assistance to foreign governments and 
     foreign central banks of developing and transitional 
     countries by providing advisers with appropriate expertise to 
     advance the enactment of laws and establishment of 
     administrative procedures and institutions in such countries 
     to promote macroeconomic and fiscal stability, efficient 
     resource allocation, transparent and market-oriented 
     processes and sustainable private sector growth.
       ``(2) Additional requirements.--To the extent practicable, 
     such technical assistance shall be designed to establish--
       ``(A) tax systems that are fair, objective, and efficiently 
     gather sufficient revenues for governmental operations;
       ``(B) debt issuance and management programs that rely on 
     market forces;
       ``(C) budget planning and implementation that permits 
     responsible fiscal policy management;
       ``(D) commercial banking sector development that 
     efficiently intermediates between savers and investors; and
       ``(E) financial law enforcement to protect the integrity of 
     financial systems, financial institutions, and government 
     programs.
       ``(c) Administrative Requirements.--In carrying out the 
     program established under subsection (a), the Secretary--
       ``(1) shall establish a methodology for identifying and 
     selecting foreign governments and foreign central banks to 
     receive assistance under the program;
       ``(2) prior to selecting a foreign government or foreign 
     central bank to receive assistance under the program, shall 
     receive the concurrence of the Secretary of State with 
     respect to the selection of such government or central bank 
     and with respect to the cost of the assistance to such 
     government or central bank;
       ``(3) shall consult with the heads of appropriate Executive 
     agencies of the United States, including the Secretary of 
     State and the Administrator of the United States Agency for 
     International Development, and appropriate international 
     financial institutions to avoid duplicative efforts with 
     respect to those foreign countries for which such agencies or 
     organizations provide similar assistance;
       ``(4) shall ensure that the program is consistent with the 
     International Affairs Strategic Plan and Mission Performance 
     Plan of the United States Agency for International 
     Development;
       ``(5) shall establish and carry out a plan to evaluate the 
     program.
       ``(d) Administrative Authorities.--In carrying out the 
     program established under subsection (a), the Secretary shall 
     have the following administrative authorities:
       ``(1) The Secretary may provide allowances and benefits 
     under chapter 9 of title I of the Foreign Service Act of 1980 
     (22 U.S.C. 4081 et seq.) to any officer or employee of any 
     agency of the United States Government performing functions 
     under this section outside the United States.
       ``(2)(A) The Secretary may allocate or transfer to any 
     agency of the United States Government any part of any funds 
     available for carrying out this section, including any 
     advance to the United States Government by any country or 
     international organization for the procurement of 
     commodities, supplies, or services.
       ``(B) Such funds shall be available for obligation and 
     expenditure for the purposes for which such funds were 
     authorized, in accordance with authority granted in this 
     section or under authority governing the activities of the 
     agency of the United States Government to which such funds 
     are allocated or transferred.
       ``(3) Appropriations for the purposes of or pursuant to 
     this section, and allocations to any agency of the United 
     States Government from other appropriations for functions 
     directly related to the purposes of this section, shall be 
     available for--
       ``(A) contracting with individuals for personal services 
     abroad, except that such individuals shall not be regarded as 
     employees of the United States Government for the purpose of 
     any law administered by the Office of Personnel Management;
       ``(B) the purchase and hire of passenger motor vehicles, 
     except that passenger motor vehicles may be purchased only--
       ``(i) for use in foreign countries; and
       ``(ii) if the Secretary or the Secretary's designee has 
     determined that the vehicle is necessary to accomplish the 
     mission;
       ``(C) the purchase of insurance for official motor vehicles 
     acquired for use in foreign countries;
       ``(D)(i) the rent or lease outside the United States, not 
     to exceed 5 years, of offices, buildings, grounds, and 
     quarters, including living quarters to house personnel, 
     consistent with the relevant interagency housing board 
     policy, and payments therefor in advance;
       ``(ii) maintenance, furnishings, necessary repairs, 
     improvements, and alterations to properties owned or rented 
     by the United States Government or made available for use to 
     the United States Government outside the United States; and
       ``(iii) costs of insurance, fuel, water, and utilities for 
     such properties;
       ``(E) expenses of preparing and transporting to their 
     former homes or places of burial the remains of foreign 
     participants or members of the family of foreign 
     participants, who may die while such participants are away 
     from their homes participating in activities carried out with 
     funds covered by this section;
       ``(F) notwithstanding any other provision of law, 
     transportation and payment of per diem in lieu of subsistence 
     to foreign participants engaged in activities of the program 
     under this section while such participants are away from 
     their homes in countries other than the United States, at 
     rates not in excess of those prescribed by the standardized 
     Government travel regulations;
       ``(G) expenses in connection with travel of personnel 
     outside the United States, including travel expenses of 
     dependents (including expenses during necessary stop-overs 
     while engaged in such travel), and transportation of personal 
     effects, household goods, and automobiles of such personnel 
     when any part of such travel or transportation begins in one 
     fiscal year pursuant to travel orders issued in that fiscal 
     year, notwithstanding the fact that such travel or 
     transportation may not be completed during the same fiscal 
     year, and cost of transporting automobiles to and from a 
     place of storage, and the cost of storing automobiles of such 
     personnel when it is in the public interest or more 
     economical to authorize storage; and

[[Page H11100]]

       ``(H) grants to, and cooperative agreements and contracts 
     with, any individual, corporation, or other body of persons, 
     nonprofit organization, friendly government or government 
     agency, whether within or without the United States, and 
     international organizations, as the Secretary determines is 
     appropriate to carry out the purposes of this section.
       ``(4) Whenever the Secretary determines it to be consistent 
     with the purposes of this section, the Secretary is 
     authorized to furnish services and commodities on an advance-
     of-funds basis to any friendly country or international 
     organization that is not otherwise prohibited from receiving 
     assistance under this Act. Such advances may be credited to 
     the currently applicable appropriation, account, or fund of 
     the Department of the Treasury and shall be available for the 
     purposes for which such appropriation, account, or fund is 
     authorized to be used.
       ``(e) Issuance of Regulations.--The Secretary is authorized 
     to issue such regulations with respect to personal service 
     contractors as the Secretary deems necessary to carry out 
     this section.
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed to infringe upon the powers or functions of the 
     Secretary of State (including the powers or functions 
     described in section 103 of the Omnibus Diplomatic Security 
     and Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any 
     chief of mission (including the powers or functions described 
     in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 
     3927)).
       ``(g) Termination of Assistance.--The Secretary shall 
     conclude assistance activities for a recipient foreign 
     government or foreign central bank under the program 
     established under subsection (a) if the Secretary, after 
     consultation with the appropriate officers of the United 
     States, determines that such assistance has resulted in the 
     enactment of laws or the establishment of institutions in 
     that country that promote fiscal stability and administrative 
     procedures, efficient resource allocation, transparent and 
     market-oriented processes and private sector growth in a 
     sustainable manner.
       ``(h) Report.--
       ``(1) In general.--Not later than 3 months after the date 
     of the enactment of this section, and every 6 months 
     thereafter, the Secretary shall prepare and submit to the 
     appropriate congressional committees a report on the conduct 
     of the program established under this section during the 
     preceding 6-month period.
       ``(2) Definition.--In this subsection, the term 
     `appropriate congressional committees' means--
       ``(A) the Committee on International Relations and the 
     Committee on Appropriations of the House of Representatives; 
     and
       ``(B) the Committee on Foreign Relations and the Committee 
     on Appropriations of the Senate.
       ``(i) Definitions.--In this section:
       ``(1) Developing or transitional country.--The term 
     `developing or transitional country' means a country eligible 
     to receive development assistance under this chapter.
       ``(2) International financial institution.--The term 
     `international financial institution' means the International 
     Monetary Fund, the International Bank for Reconstruction and 
     Development, the International Development Association, the 
     International Finance Corporation, the Multilateral 
     Investment Guarantee Agency, the Asian Development Bank, the 
     African Development Bank, the African Development Fund, the 
     Inter-American Development Bank, the Inter-American 
     Investment Corporation, the European Bank for Reconstruction 
     and Development, and the Bank for Economic Cooperation and 
     Development in the Middle East and North Africa.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.
       ``(4) Technical assistance.--The term `technical 
     assistance' includes--
       ``(A) the use of short-term and long-term expert advisers 
     to assist foreign governments and foreign central banks for 
     the purposes described in subsection (b)(1);
       ``(B) training in the recipient country, the United States, 
     or elsewhere for the purposes described in subsection (b)(1);
       ``(C) grants of goods, services, or funds to foreign 
     governments and foreign central banks;
       ``(D) grants to United States nonprofit organizations to 
     provide services or products which contribute to the 
     provision of advice to foreign governments and foreign 
     central banks; and
       ``(D) study tours for foreign officials in the United 
     States or elsewhere for the purpose of providing technical 
     information to such officials.
       ``(5) Foreign participant.--The term `foreign participant' 
     means the national of a developing or transitional country 
     that is receiving assistance under the program established 
     under subsection (a) who has been designated to participate 
     in activities under such program.
       ``(j) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     to carry out this section $5,000,000 for fiscal year 1999.
       ``(2) Availability of amounts.--Amounts authorized to be 
     appropriated under paragraph (1) are authorized to remain 
     available until expended.''.
       (b) Transportation of Remains, Dependents, and Effects of 
     United States Government Employees; Death Occurring Away From 
     Official Station Abroad.--Section 5742(b) of title 5, United 
     States Code, is amended--
       (1) in paragraph (1), by striking the ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the travel expenses of not more than 2 persons to 
     escort the remains of a deceased employee, if death occurred 
     while the employee was in travel status away from his 
     official station in the United States or while performing 
     official duties outside the United States or in transit 
     thereto or therefrom, from the place of death to the home or 
     official station of such person, or such other place 
     appropriate for interment as is determined by the head of the 
     agency concerned.''.


                            iraq opposition

       Sec. 590. Notwithstanding any other provision of law, of 
     the funds made available in this Act and prior Acts making 
     appropriations for foreign operations, export financing and 
     related programs, not less than $8,000,000 shall be made 
     available only for assistance to the Iraqi democratic 
     opposition for such activities as organization, training, 
     communication and dissemination of information, and 
     developing and implementing agreements among opposition 
     groups: Provided further, That any agreement reached 
     regarding the obligation of funds under the previous proviso 
     shall include provisions to ensure appropriate monitoring on 
     the use of such funds: Provided further, That of this amount 
     not less than $3,000,000 should be made available as a grant 
     to Iraqi National Congress, to be administered by its 
     Executive Committee for the benefit of all constituent groups 
     of the Iraqi National Congress: Provided further, That within 
     30 days of enactment of this Act the Secretary of State shall 
     submit a detailed report to the Appropriations Committees of 
     Congress on implementation of this section.


                    national commission on terrorism

       Sec. 591. (a) Establishment of National Commission on 
     Terrorism.--
       (1) Establishment.--There is established a national 
     commission on terrorism to review counter-terrorism policies 
     regarding the prevention and punishment of international acts 
     of terrorism directed at the United States. The commission 
     shall be known as ``The National Commission on Terrorism''.
       (2) Composition.--The commission shall be composed of 10 
     members appointed as follows:
       (A) Three members shall be appointed by the Majority Leader 
     of the Senate.
       (B) Three members shall be appointed by the Speaker of the 
     House of Representatives.
       (C) Two members shall be appointed by the Minority Leader 
     of the Senate.
       (D) Two members shall be appointed by the Minority Leader 
     of the House of Representatives.
       (E) The appointments of the members of the commission 
     should be made no later than 3 months after the date of the 
     enactment of this Act.
       (3) Qualifications.--The members should have a knowledge 
     and expertise in matters to be studied by the commission.
       (4) Chair.--The Speaker of the House of Representatives, 
     after consultation with the majority leader of the Senate and 
     the minority leaders of the House of Representatives and the 
     Senate, shall designate one of the members of the Commission 
     to serve as chair of the Commission.
       (5) Period of appointment: vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall be filled in the same manner as the original 
     appointment.
       (6) Security clearances.--All Members of the Commission 
     should hold appropriate security clearances.
       (b) Duties.--
       (1) In general.--The commission shall consider issues 
     relating to international terrorism directed at the United 
     States as follows:
       (A) Review the laws, regulations, policies, directives, and 
     practices relating to counterterrorism in the prevention and 
     punishment of international terrorism directed towards the 
     United States.
       (B) Assess the extent to which laws, regulations, policies, 
     directives, and practices relating to counterterrorism have 
     been effective in preventing or punishing international 
     terrorism directed towards the United States. At a minimum, 
     the assessment should include a review of the following:
       (i) Evidence that terrorist organizations have established 
     an infrastructure in the western hemisphere for the support 
     and conduct of terrorist activities.
       (ii) Executive branch efforts to coordinate 
     counterterrorism activities among Federal, State, and local 
     agencies and with other nations to determine the 
     effectiveness of such coordination efforts.
       (iii) Executive branch efforts to prevent the use of 
     nuclear, biological, and chemical weapons by terrorists.
       (C) Recommend changes to counterterrorism policy in 
     preventing and punishing international terrorism directed 
     toward the United States.
       (2) Report.--Not later than 6 months after the date on 
     which the Commission first meets, the Commission shall submit 
     to the President and the Congress a final report of the 
     findings and conclusions of the commission, together with any 
     recommendations.
       (c) Administrative Matters.--
       (1) Meetings.--
       (A) The commission shall hold its first meeting on a date 
     designated by the Speaker of the House which is not later 
     than 30 days after the date on which all members have been 
     appointed.
       (B) After the first meeting, the commission shall meet upon 
     the call of the chair.
       (C) A majority of the members of the commission shall 
     constitute a quorum, but a lesser number may hold meetings.
       (2) Authority of individuals to act for commission.--Any 
     member or agent of the commission may, if authorized by the 
     commission, take any action which the commission is 
     authorized to take under this section.
       (3) Powers.--
       (A) The commission may hold such hearings, sit and act at 
     such times and places, take such

[[Page H11101]]

     testimony, and receive such evidence as the commission 
     considers advisable to carry out its duties.
       (B) The commission may secure directly from any agency of 
     the Federal Government such information as the commission 
     considers necessary to carry out its duties. Upon the request 
     of the chair of the commission, the head of a department or 
     agency shall furnish the requested information expeditiously 
     to the commission.
       (C) The commission may use the United States mails in the 
     same manner and under the same conditions as other 
     departments and agencies of the Federal Government.
       (4) Pay and expenses of commission members.--
       (A) Subject to appropriations, each member of the 
     commission who is not an employee of the government shall be 
     paid at a rate not to exceed the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in performing the duties of the 
     commission.
       (B) Members and personnel for the commission may travel on 
     aircraft, vehicles, or other conveyances of the Armed Forces 
     of the United States when travel is necessary in the 
     performance of a duty of the commission except when the cost 
     of commercial transportation is less expensive.
       (C) The members of the commission may be allowed travel 
     expenses, including per diem in lieu of subsistence, at rates 
     authorized for employees of agencies under subchapter I of 
     chapter 57 of title 5, United States Code, while away from 
     their homes or regular places of business in the performance 
     of services for the commission.
       (D)(i) A member of the commission who is an annuitant 
     otherwise covered by section 8344 of 8468 of title 5, United 
     States Code, by reason of membership on the commission shall 
     not be subject to the provisions of such section with respect 
     to membership on the commission.
       (ii) A member of the commission who is a member or former 
     member of a uniformed service shall not be subject to the 
     provisions of subsections (b) and (c) of section 5532 of such 
     title with respect to membership on the commission.
       (5) Staff and administrative support.--
       (A) The chairman of the commission may, without regard to 
     civil service laws and regulations, appoint and terminate an 
     executive director and up to three additional staff members 
     as necessary to enable the commission to perform its duties. 
     The chairman of the commission may fix the compensation of 
     the executive director and other personnel without regard to 
     the provisions of chapter 51, and subchapter III of chapter 
     53, of title 5, United States Code, relating to 
     classification of positions and General Schedule pay rates, 
     except that the rate of pay may not exceed the maximum rate 
     of pay for GS-15 under the General Schedule.
       (B) Upon the request of the chairman of the commission, the 
     head of any department or agency of the Federal Government 
     may detail, without reimbursement, any personnel of the 
     department or agency to the commission to assist in carrying 
     out its duties. The detail of an employee shall be without 
     interruption or loss of civil service status or privilege.
       (d) Termination of Commission.--The commission shall 
     terminate 30 days after the date on which the commission 
     submits a final report.
       (e) Funding.--There are authorized to be appropriated such 
     sums as may be necessary to carry out the provisions of this 
     section.


                     special authorities amendment

       Sec. 592. The authority of section 614 of the Foreign 
     Assistance Act of 1961, as amended, may not be used during 
     fiscal year 1999 for the Korean Peninsula Energy Development 
     Organization to authorize the use of more than $35,000,000 of 
     funds made available for use under that Act or the Arms 
     Export Control Act.


             ECONOMIC AND POLITICAL TRANSITION IN INDONESIA

       Sec. 593. (a) Political and Economic Reform.--It is the 
     sense of Congress that--
       (1) expanding the availability of wheat, wheat products, 
     and rice for distribution to the most needy and vulnerable 
     Indonesians is vital to the well-being of all Indonesians;
       (2) the Administration should adopt a more active approach 
     in support of democratic institutions and processes in 
     Indonesia and provide assistance for continued economic and 
     political development in Indonesia, including--
       (A) support for humanitarian programs;
       (B) leading a multinational effort to expand humanitarian 
     and food aid programs to meet the needs of Indonesia;
       (C) working with international financial institutions to 
     recapitalize and reform the banking system, restructure 
     corporate debt, and introduce economic and legal transparency 
     in Indonesia;
       (D) urging the Government of Indonesia to remove, to the 
     maximum extent possible, barriers to trade and investment 
     which impede economic recovery in Indonesia, including 
     tariffs, quotas, export taxes, nontariff barriers, and 
     prohibitions against foreign ownership and investment;
       (E) urging the Government of Indonesia to--
       (i) recognize and protect the participation of all 
     Indonesians, including ethnic and religious minorities, in 
     the political and economic life of Indonesia; and
       (ii) release individuals detained or imprisoned for their 
     political views;
       (F) supporting efforts to establish a timetable for 
     elections and building democracy by strengthening political 
     parties and institutions and the rule of law including the 
     repeal of laws and regulations that discriminate on the basis 
     of religion or ethnicity.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     the Committees on Appropriations a report containing a 
     description and assessment of the actions taken by the 
     Government of the United States and the Government of 
     Indonesia to further the objectives referred to in subsection 
     (a).
       (c) Ethnic Violence.--It is the sense of Congress that--
       (1) the mistreatment of ethnic Chinese in Indonesia and the 
     criminal acts carried out against them during the May 1998 
     riots in Indonesia are deplorable and condemned;
       (2) a full and fair investigation of such criminal acts 
     should be completed by the earliest possible date, and those 
     identified as responsible for perpetrating such criminal acts 
     should be brought to justice;
       (3) the investigation by the Government of Indonesia, 
     through its Military Honor Council, of those members of the 
     armed forces of Indonesia suspected of possible involvement 
     in the May 1998 riots, and of any member of the armed forces 
     of Indonesia who may have participated in criminal acts 
     against the people of Indonesia during the riots, is 
     commended and should be supported;
       (4) the Government of Indonesia should take action to 
     assure--
       (A) the implementation of appropriate measures to prevent 
     ethnic-related violence and rapes in Indonesia and to protect 
     the human rights and physical safety of the ethnic Chinese 
     community in Indonesia; and
       (B) the provision of just compensation for victims of the 
     rape and violence that occurred during the May 1998 riots in 
     Indonesia, including medical care;
       (5) the Administration and the United Nations should 
     continue to support and assist the Government of Indonesia 
     and nongovernmental organizations, in the investigations into 
     the May 1998 riots in Indonesia in order to expedite such 
     investigations.
       (d) Report.--(1) Not later than 6 months after the date of 
     enactment of this Act, the Secretary of State shall submit to 
     Congress a report containing the following:
       (A) An assessment of--
       (i) whether or not there was a systematic and organized 
     campaign of violence, including the use of rape, against the 
     ethnic Chinese community in Indonesia during the May 1998 
     riots in Indonesia; and
       (ii) the level and degree of participation, if any, of 
     members of the Government or armed forces of Indonesia in the 
     riots.
       (B) An assessment of the actions taken by the Government of 
     Indonesia to investigate the May 1998 riots in Indonesia, 
     bring the perpetrators of the riots to justice, and ensure 
     that similar riots do not recur.


                         Reporting Requirements

       Sec. 594. (a) Notification.--No less than 15 days prior to 
     the export to any country identified pursuant to subparagraph 
     (C) of any lethal defense article or service in the amount of 
     $14,000,000 or less, the President shall provide a detailed 
     notification to the Committees on Appropriations and Foreign 
     Relations of the Senate and the Committees on Appropriations 
     and International Relations of the House of Representatives.
       (b) Content of Notification.--A detailed notification 
     transmitted pursuant to subparagraph (a) shall include the 
     same type and quantity of information required of a 
     notification submitted pursuant to section 36(b) of the Arms 
     Export Control Act (22 U.S.C. 2776(b)).
       (c) Countries Defined.--This section shall apply to any 
     country that is--
       (1) identified in section 521 of the annual appropriations 
     Act for Foreign Operations, Export Financing, and Related 
     Programs, or a comparable provision in a subsequent 
     appropriations Act; or
       (2) currently ineligible, in whole or in part, under an 
     annual appropriations Act to receive funds for International 
     Military Education and Training or under the Foreign Military 
     Financing Program, excluding high-income countries as defined 
     pursuant to section 546(b) of the Foreign Assistance Act of 
     1961.
       (d) Exclusions.--Information reportable under title V of 
     the National Security Act of 1947 is excluded from the 
     requirements of this section.


sense of congress concerning the murder of four american churchwomen in 
                              el salvador

       Sec. 595. (a) Findings.--Congress makes the following 
     findings--
       (1) the December 2, 1980 brutal assault and murder of four 
     American churchwomen by members of the Salvadoran National 
     Guard was covered up and never fully investigated;
       (2) on July 22 and July 23, 1998, Salvadoran authorities 
     granted three of the National Guardsmen convicted of the 
     crimes early release from prison;
       (3) the United Nations Truth Commission for El Salvador 
     determined in 1993 that there was sufficient evidence that 
     the Guardsmen were acting on orders from their superiors;
       (4) in March 1998, four of the convicted Guardsmen 
     confessed that they acted after receiving orders from their 
     superiors;
       (5) recently declassified documents from the State 
     Department show that United States Government officials were 
     aware of information suggesting the involvement of superior 
     officers in the murders;
       (6) United States officials granted permanent residence to 
     a former Salvadoran military official involved in the cover-
     up of the murders, enabling him to remain in Florida; and
       (7) despite the fact that the murders occurred over 17 
     years ago, the families of the four victims continue to seek 
     the disclosure of information relevant to the murders.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) information relevant to the murders should be made 
     public to the fullest extent possible;

[[Page H11102]]

       (2) the Secretary of State and the Department of State are 
     to be commended for fully releasing information regarding the 
     murders to the victims' families and to the American public, 
     in prompt response to congressional requests;
       (3) the President should order all other Federal agencies 
     and departments that possess relevant information to make 
     every effort to declassify and release to the victims' 
     families relevant information as expeditiously as possible;
       (4) in making determinations concerning the 
     declassification and release of relevant information, the 
     Federal agencies and departments should presume in favor of 
     releasing, rather than of withholding, such information; and
       (5) the President should direct the Attorney General to 
     review the circumstances under which individuals involved in 
     either the murders or the cover-up of the murders obtained 
     residence in the United States, and the Attorney General 
     should submit a report to the Congress on the results of such 
     review not later than January 1, 1999.


    SENSE OF CONGRESS REGARDING THE TRIAL IN THE NETHERLANDS OF THE 
         SUSPECTS INDICTED IN THE BOMBING OF PAN AM FLIGHT 103

       Sec. 596. (a) Findings.--Congress makes the following 
     findings:
       (1) On December 21, 1988, 270 people, including 189 United 
     States citizens, were killed in a terrorist bombing on Pan Am 
     Flight 103 over Lockerbie, Scotland.
       (2) Britain and the United States indicted 2 Libyan 
     intelligence agents--Abdel Basset Al-Megrahi and Lamen 
     Khalifa Fhimah--in 1991 and sought their extradition from 
     Libya to the United States or the United Kingdom to stand 
     trial for this heinous terrorist act.
       (3) The United Nations Security Council called for the 
     extradition of the suspects in Security Council Resolution 
     731 and imposed sanctions on Libya in Security Council 
     Resolutions 748 and 883 because Libyan leader, Colonel 
     Muammar Qadaffi, refused to transfer the suspects to either 
     the United States or the United Kingdom to stand trial.
       (4) The sanctions in Security Council Resolutions 748 and 
     883 include a worldwide ban on Libya's national airline, a 
     ban on flights into and out of Libya by other nations' 
     airlines, a prohibition on supplying arms, airplane parts, 
     and certain oil equipment to Libya, and a freeze on Libyan 
     government funds in other countries.
       (5) Colonel Qaddafi has continually refused to extradite 
     the suspects to either the United States or the United 
     Kingdom and has insisted that he will only transfer the 
     suspects to a third and neutral country to stand trial.
       (6) On August 24, 1998, the United States and the United 
     Kingdom proposed that Colonel Qadaffi transfer the suspects 
     to the Netherlands, where they would stand trial before a 
     Scottish court, under Scottish law, and with a panel of 
     Scottish judges.
       (7) The United States-United Kingdom proposal is consistent 
     with those previously endorsed by the Organization of African 
     Unity, the League of Arab States, the Non-Aligned Movement, 
     and the Islamic Conference.
       (8) The United Nations Security Council endorsed the United 
     States-United Kingdom proposal on August 27, 1998, in United 
     Nations Security Council Resolution 1192.
       (9) The United States Government has stated that this 
     proposal is nonnegotiable and has called on Colonel Qadaffi 
     to respond promptly, positively, and unequivocally to this 
     proposal by ensuring the timely appearance of the two accused 
     individuals in the Netherlands for trial before the Scottish 
     court.
       (10) The United States Government has called on Libya to 
     ensure the production of evidence, including the presence of 
     witnesses before the court, and to comply fully with all the 
     requirements of the United Nations Security Council 
     resolutions.
       (11) Secretary of State Albright has said that the United 
     States will urge a multilateral oil embargo against Libya in 
     the United Nations Security Council if Colonel Muammar 
     Qadaffi does not transfer the suspects to the Netherlands to 
     stand trial.
       (12) The United Nations Security Council will convene on 
     October 30, 1998, to review sanctions imposed on Libya.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) Colonel Qadaffi should promptly transfer the indicted 
     suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to 
     the Netherlands to stand trial before the Scottish court;
       (2) the United States Government should remain firm in its 
     commitment not to negotiate with Colonel Qadaffi on any of 
     the details of the proposal approved by the United Nations in 
     United Nations Security Council Resolution 1192; and
       (3) if Colonel Qadaffi does not transfer the indicted 
     suspects Abdel Basset Al-Megrahi and Lamen Khalifa Fhimah to 
     the Netherlands by October 29, 1998, the United States 
     Permanent Representative to the United Nations should--
       (A) introduce a resolution in the United Nations Security 
     Council to impose a multilateral oil embargo against Libya;
       (B) actively promote adoption of the resolution by the 
     United Nations Security Council; and
       (C) assure that a vote will occur in the United Nations 
     Security Council on such a resolution.


SENSE OF THE CONGRESS REGARDING INTERNATIONAL COOPERATION IN RECOVERING 
  CHILDREN ABDUCTED IN THE UNITED STATES AND TAKEN TO OTHER COUNTRIES.

       Sec. 597. (a) Findings.--Congress finds that--
       (1) many children in the United States have been abducted 
     by family members who are foreign nationals and living in 
     foreign countries;
       (2) children who have been abducted by an estranged father 
     are very rarely returned, through legal remedies, from 
     countries that only recognize the custody rights of the 
     father;
       (3) there are at least 140 cases that need to be resolved 
     in which children have been abducted by family members and 
     taken to foreign countries;
       (4) although the Convention on the Civil Aspects of 
     International Child Abduction, done at The Hague on October 
     25, 1980, has made progress in aiding the return of abducted 
     children, the Convention does not address the criminal 
     aspects of child abduction, and there is a need to reach 
     agreements regarding child abduction with countries that are 
     not parties to the Convention; and
       (5) decisions on awarding custody of children should be 
     made in the children's best interest, and persons who violate 
     laws of the United States by abducting their children should 
     not be rewarded by being granted custody of those children.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that the United States Government should promote 
     international cooperation in working to resolve those cases 
     in which children in the United States are abducted by family 
     members who are foreign nationals and taken to foreign 
     countries, and in seeing that justice is served by holding 
     accountable the abductors for violations of criminal law.

         TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM

                  Funds Appropriated to the President


                    International Monetary Programs

         united states quota in the international monetary fund

       For an increase in the United States quota in the 
     International Monetary Fund, the dollar equivalent of 
     10,622,500,000 Special Drawing Rights, to remain available 
     until expended.


  loans to the international monetary fund-new arrangements to borrow

       For loans to the International Monetary Fund under section 
     17 of the Bretton Woods Agreements Act pursuant to the New 
     Arrangements to Borrow, the dollar equivalent of 
     2,462,000,000 Special Drawing Rights, to remain available 
     until expended. In addition, the amounts appropriated by 
     title III of the Foreign Aid and Related Agencies 
     Appropriations Act, 1963 (Public Law 87-872) and section 
     1101(b) of the Supplemental Appropriations Act, 1984 (Public 
     Law 98-181) may also be used under section 17 of the Bretton 
     Woods Agreements Act pursuant to the New Arrangements to 
     Borrow.

                     General Provisions--This Title


  conditions for the use of appropriated funds for the international 
                             monetary fund

       Sec. 601. None of the funds appropriated in this title may 
     be obligated or made available to the International Monetary 
     Fund until 15 days after the Secretary of the Treasury and 
     the Chairman of the Board of Governors of the Federal Reserve 
     System jointly provide written notification to the 
     appropriate committees that the major shareholders of the 
     Fund have publicly agreed to, and will act to implement in 
     the Fund the following policies:
       (1) Policies providing that conditions in standby or other 
     arrangements regarding the use of Fund resources include, in 
     addition to appropriate monetary policy conditions, 
     requirements that the recipient country, in accordance with a 
     schedule for action--
       (A) liberalize restrictions on trade in goods and services, 
     consistent with the terms of all international trade 
     agreements of which the borrowing country is a signatory;
       (B) eliminate the systemic practice or policy of government 
     directed lending on non-commercial terms or provision of 
     market distorting subsidies to favored industries, 
     enterprises, parties, or institutions; and
       (C) provide a legal basis for nondiscriminatory treatment 
     in insolvency proceedings between domestic and foreign 
     creditors, and for debtors and other concerned persons.
       (2) Policies providing that within 3 months after any 
     meeting of the Executive Board of the Fund at which a Letter 
     of Intent, a Policy Framework Paper, an Article IV economic 
     review consultation with a member country, or a change in a 
     general policy of the Fund is discussed, a full written 
     summary of the meeting should be made available for public 
     inspection, with the following information redacted:
       (A) Information which, if released, would adversely affect 
     the national security of a country, and which is of the type 
     that would be classified by the United States Government.
       (B) Market-sensitive information.
       (C) Proprietary information.
       (3) Policies providing that within 3 months after any 
     meeting of the Executive Board of the Fund at which a Letter 
     of Intent, a Memorandum of Understanding, or a Policy 
     Framework Paper is discussed, a copy of the Letter of Intent, 
     Memorandum of Understanding, or Policy Framework Paper should 
     be made available for public inspection with the following 
     information redacted:
       (A) Information which, if released, would adversely affect 
     the national security of a country, and which is of the type 
     that would be classified by the United States Government.
       (B) Market-sensitive information.
       (C) Proprietary information.
       (4) Policies providing that, in circumstances where a 
     country is experiencing balance of payments difficulties due 
     to a large short-term financing need resulting from a sudden 
     and disruptive loss of market confidence and in order to 
     provide an incentive for early repayment and encourage 
     private market financing, loans made from the Fund's general 
     resources after the date of the enactment of this section 
     are--
       (A) made available at an interest rate that reflects an 
     adjustment for risk that is not less than 300 basis points in 
     excess of the average of the market-based short-term cost of 
     financing of its largest members; and

[[Page H11103]]

       (B) repaid within 1 to 2\1/2\ years from each disbursement.


  reports on financial stabilization programs in the republic of korea

       Sec. 602. (a) The Secretary of the Treasury shall instruct 
     the United States Executive Director at the International 
     Monetary Fund to exert the influence of the United States to 
     oppose further disbursement of funds to the Republic of Korea 
     under the Republic of Korea's standby arrangement of December 
     4, 1997 (in this section referred to as the ``Arrangement''), 
     unless there is in effect a certification by the Secretary of 
     the Treasury to the appropriate committees that--
       (1) no Fund resources made available pursuant to the 
     Arrangement have been used to provide financial assistance to 
     the semiconductor, steel, automobile, shipbuilding, or 
     textile and apparel industries;
       (2) the Fund has neither guaranteed nor underwritten the 
     private loans of semiconductor, steel, automobile, 
     shipbuilding, or textile and apparel manufacturers under the 
     Arrangement; and
       (3) officials from the Fund and the Department of the 
     Treasury have monitored the implementation of the provisions 
     contained in the Arrangement, and all of the conditions have 
     either been met or the Republic of Korea has committed itself 
     to fulfill all of these conditions according to an explicit 
     timetable for completion; which timetable has been provided 
     to the Fund and the Department of the Treasury and approved 
     by the Fund.
       (b) Before each disbursement of Fund resources to the 
     Republic of Korea under the Arrangement, the Secretary of the 
     Treasury shall report to the appropriate committees on 
     whether a certification by the Secretary pursuant to 
     subsection (a) is in effect.


                          advisory commission

       Sec. 603. (a) In General.--The Secretary of the Treasury 
     shall establish an International Financial Institution 
     Advisory Commission (in this section referred to as the 
     ``Commission'').
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 11 
     members, as follows:
       (A) 3 members appointed by the Speaker of the House of 
     Representatives.
       (B) 3 members appointed by the Majority Leader of the 
     Senate.
       (C) 5 members appointed jointly by the Minority Leader of 
     the House of Representatives and the Minority Leader of the 
     Senate.
       (2) Timing of appointments.--All appointments to the 
     Commission shall be made not later than 45 days after the 
     date of enactment of this Act.
       (3) Chairman.--The Majority Leader of the Senate, after 
     consultation with the Speaker of the House of Representatives 
     and the Minority Leaders of the House of Representatives and 
     the Senate, shall designate 1 of the members of the 
     Commission to serve as Chairman of the Commission.
       (c) Qualifications.--
       (1) Expertise.--Members of the Commission shall be 
     appointed from among those with knowledge and expertise in 
     the workings of the international financial institutions (as 
     defined in section 1701(c)(2) of the International Financial 
     Institutions Act), the World Trade Organization, and the Bank 
     for International Settlements.
       (2) Former affiliation.--At least 4 members of the 
     Commission shall be individuals who were officers or 
     employees of the Executive Branch before January 20, 1992, 
     and not more than half of such 4 members shall have served 
     under Presidents from the same political party.
       (d) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall be filled in the same manner as the original 
     appointment was made.
       (e) Duties of the Commission.--The Commission shall advise 
     and report to the Congress on the future role and 
     responsibilities of the international financial institutions 
     (as defined in section 1701(c)(2) of the International 
     Financial Institutions Act), the World Trade Organization, 
     and the Bank for International Settlements. In carrying out 
     such duties, the Commission shall meet with and advise the 
     Secretary of the Treasury or the Deputy Secretary of the 
     Treasury, and shall examine--
       (1) the effect of globalization, increased trade, capital 
     flows, and other relevant factors on such institutions;
       (2) the adequacy, efficacy, and desirability of current 
     policies and programs at such institutions as well as their 
     suitability for respective beneficiaries of such 
     institutions;
       (3) cooperation or duplication of functions and 
     responsibilities of such institutions; and
       (4) other matters the Commission deems necessary to make 
     recommendations pursuant to subsection (g).
       (f) Powers and Procedures of the Commission.--
       (1) Hearings.--The Commission or, at its direction, any 
     panel or member of the Commission may, for the purpose of 
     carrying out the provisions of this section, hold hearings, 
     sit and act at times and places, take testimony, receive 
     evidence, and administer oaths to the extent that the 
     Commission or any panel or member considers advisable.
       (2) Information.--The Commission may secure directly 
     information that the Commission considers necessary to enable 
     the Commission to carry out its responsibilities under this 
     section.
       (3) Meetings.--The Commission shall meet at the call of the 
     Chairman.
       (g) Report.--On the termination of the Commission, the 
     Commission shall submit to the Secretary of the Treasury and 
     the appropriate committees a report that contains 
     recommendations regarding the following matters:
       (1) Changes to policy goals set forth in the Bretton Woods 
     Agreements Act and the International Financial Institutions 
     Act.
       (2) Changes to the charters, organizational structures, 
     policies and programs of the international financial 
     institutions (as defined in section 1701(c)(2) of the 
     International Financial Institutions Act).
       (3) Additional monitoring tools, global standards, or 
     regulations for, among other things, global capital flows, 
     bankruptcy standards, accounting standards, payment systems, 
     and safety and soundness principles for financial 
     institutions.
       (4) Possible mergers or abolition of the international 
     financial institutions (as defined in section 1701(c)(2) of 
     the International Financial Institutions Act), including 
     changes to the manner in which such institutions coordinate 
     their policy and program implementation and their roles and 
     responsibilities.
       (5) Any additional changes necessary to stabilize 
     currencies, promote continued trade liberalization and to 
     avoid future financial crises.
       (h) Termination.--The Commission shall terminate 6 months 
     after the first meeting of the Commission, which shall be not 
     later than 30 days after the appointment of all members of 
     the Commission.
       (i) Reports by the Executive Branch.--
       (1) Within three months after receiving the report of the 
     Commission under subsection (g), the President of the United 
     States through the Secretary of the Treasury shall report to 
     the appropriate committees on the desirability and 
     feasibility of implementing the recommendations contained in 
     the report.
       (2) Annually, for three years after the termination of the 
     Commission, the President of the United States through the 
     Secretary of the Treasury shall submit to the appropriate 
     committees a report on the steps taken, if any, through 
     relevant international institutions and international fora to 
     implement such recommendations as are deemed feasible and 
     desirable under paragraph (1).


                    international advisory committee

       Sec. 604. The Secretary of the Treasury shall instruct the 
     United States Executive Director at the International 
     Monetary Fund to exert the influence of the United States to 
     seek the establishment of a permanent advisory committee to 
     the Interim Committee of the Board of Governors of the Fund, 
     that is to consist of elected members of the national 
     legislatures of the member countries directly represented by 
     appointed members of the Executive Board of the Fund, and to 
     seek to ensure that the permanent advisory committee has the 
     same access to Fund documents as is afforded to the Executive 
     Board of the Fund.


        strengthening procedures for monitoring use of imf funds

       Sec. 605. (a) The Secretary of the Treasury shall instruct 
     the United States Executive Director at the International 
     Monetary Fund to exert the influence of the United States to 
     strengthen Fund procedures for ascertaining that funds 
     disbursed by the Fund are used by the central bank (or other 
     fiscal agent) of a borrowing country in a manner that 
     complies with the conditions of the Fund program for the 
     country.
       (b) On request of the appropriate committees, the United 
     States Executive Director shall obtain from the Fund and make 
     available to such committees, on a confidential basis if 
     necessary, data concerning such compliance.
       (c) Within 6 months after the date of the enactment of this 
     Act, the Secretary of the Treasury shall report to the 
     appropriate committees on the progress made toward achieving 
     the requirements of this section.
       (d) On a quarterly basis, the Secretary of the Treasury 
     shall report to the appropriate committees on the standby or 
     other arrangements of the Fund made during the preceding 
     quarter, identifying separately the arrangements to which the 
     policies described in section 601(4) of this title apply and 
     the arrangements to which such policies do not apply.


progress reports to congress on united states initiatives to update the 
           architecture of the international monetary system

       Sec. 606. Not later than July 15, 1999, and July 15, 2000, 
     the Secretary of the Treasury shall report to the Chairmen 
     and Ranking Members of the appropriate committees on the 
     progress of efforts to reform the architecture of the 
     international monetary system. The reports shall include a 
     discussion of the substance of the United States position in 
     consultations with other governments and the degree of 
     progress in achieving international acceptance and 
     implementation of such position with respect to the following 
     issues:
       (1) Adapting the mission and capabilities of the 
     International Monetary Fund to take better account of the 
     increased importance of cross-border capital flows in the 
     world economy and improving the coordination of its 
     responsibilities and activities with those of the 
     International Bank for Reconstruction and Development.
       (2) Advancing measures to prevent, and improve the 
     management of, international financial crises, including by--
       (A) integrating aspects of national bankruptcy principles 
     into the management of international financial crises where 
     feasible; and
       (B) changing investor expectations about official rescues, 
     thereby reducing moral hazard and systemic risk in 
     international financial markets,

     in order to help minimize the adjustment costs that the 
     resolution of financial crises may impose on the real 
     economy, in the form of disrupted patterns of trade, 
     employment, and progress in living standards, and reduce the 
     frequency and magnitude of claims on United States taxpayer 
     resources.
       (3) Improving international economic policy cooperation, 
     including among the Group of Seven countries, to take better 
     account of the importance of cross-border capital flows in 
     the determination of exchange rate relationships.

[[Page H11104]]

       (4) Improving international cooperation in the supervision 
     and regulation of financial institutions and markets.
       (5) Strengthening the financial sector in emerging 
     economies, including by improving the coordination of 
     financial sector liberalization with the establishment of 
     strong public and private institutions in the areas of 
     prudential supervision, accounting and disclosure 
     conventions, bankruptcy laws and administrative procedures, 
     and the collection and dissemination of economic and 
     financial statistics, including the maturity structure of 
     foreign indebtedness.
       (6) Advocating that implementation of European Economic and 
     Monetary Union and the advent of the European Currency Unit, 
     or euro, proceed in a manner that is consistent with strong 
     global economic growth and stability in world financial 
     markets.


                               definition

       Sec. 607. For purposes of sections 601 through 606 of this 
     title, the term ``appropriate committees'' means the 
     Committees on Appropriations, Foreign Relations, and Banking, 
     Housing, and Urban Affairs of the Senate and the Committees 
     on Appropriations and Banking and Financial Services of the 
     House of Representatives.


                    participation in quota increase

       Sec. 608. The Bretton Woods Agreements Act (22 U.S.C. 286-
     286mm) is amended by adding at the end the following:

     ``SEC. 61. QUOTA INCREASE.

       ``(a) In General.--The United States Governor of the Fund 
     may consent to an increase in the quota of the United States 
     in the Fund equivalent to 10,622,500,000 Special Drawing 
     Rights.
       ``(b) Subject to Appropriations.--The authority provided by 
     subsection (a) shall be effective only to such extent or in 
     such amounts as are provided in advance in appropriations 
     Acts.''.


                       new arrangements to borrow

       Sec. 609. Section 17 of the Bretton Woods Agreements Act 
     (22 U.S.C. 286e-2 et seq.) is amended--
       (1) in subsection (a)--
       (A) by striking ``and February 24, 1983'' and inserting 
     ``February 24, 1983, and January 27, 1997''; and
       (B) by striking ``4,250,000,000'' and inserting 
     ``6,712,000,000'';
       (2) in subsection (b), by striking ``4,250,000,000'' and 
     inserting ``6,712,000,000''; and
       (3) in subsection (d)--
       (A) by inserting ``or the Decision of January 27, 1997,'' 
     after ``February 24, 1983,''; and
       (B) by inserting ``or the New Arrangements to Borrow, as 
     applicable'' before the period at the end.


   advocacy of policies to enhance the general effectiveness of the 
                      international monetary fund

       Sec. 610. (a) In General.--Title XV of the International 
     Financial Institutions Act (22 U.S.C. 262o-262o-1) is amended 
     by adding at the end the following:

     ``SEC. 1503. ADVOCACY OF POLICIES TO ENHANCE THE GENERAL 
                   EFFECTIVENESS OF THE INTERNATIONAL MONETARY 
                   FUND.

       ``(a) In General.--The Secretary of the Treasury shall 
     instruct the United States Executive Director of the 
     International Monetary Fund to use aggressively the voice and 
     vote of the Executive Director to do the following:
       ``(1) Vigorously promote policies to increase the 
     effectiveness of the International Monetary Fund in 
     structuring programs and assistance so as to promote policies 
     and actions that will contribute to exchange rate stability 
     and avoid competitive devaluations that will further 
     destabilize the international financial and trading systems.
       ``(2) Vigorously promote policies to increase the 
     effectiveness of the International Monetary Fund in promoting 
     market-oriented reform, trade liberalization, economic 
     growth, democratic governance, and social stability through--
       ``(A) establishing an independent monetary authority, with 
     full power to conduct monetary policy, that provides for a 
     non-inflationary domestic currency that is fully convertible 
     in foreign exchange markets;
       ``(B) opening domestic markets to fair and open internal 
     competition among domestic enterprises by eliminating 
     inappropriate favoritism for small or large businesses, 
     eliminating elite monopolies, creating and effectively 
     implementing anti-trust and anti-monopoly laws to protect 
     free competition, and establishing fair and accessible legal 
     procedures for dispute settlement among domestic enterprises;
       ``(C) privatizing industry in a fair and equitable manner 
     that provides economic opportunities to a broad spectrum of 
     the population, eliminating government and elite monopolies, 
     closing loss-making enterprises, and reducing government 
     control over the factors of production;
       ``(D) economic deregulation by eliminating inefficient and 
     overly burdensome regulations and strengthening the legal 
     framework supporting private contract and intellectual 
     property rights;
       ``(E) establishing or strengthening key elements of a 
     social safety net to cushion the effects on workers of 
     unemployment and dislocation; and
       ``(F) encouraging the opening of markets for agricultural 
     commodities and products by requiring recipient countries to 
     make efforts to reduce trade barriers.
       ``(3) Vigorously promote policies to increase the 
     effectiveness of the International Monetary Fund, in concert 
     with appropriate international authorities and other 
     international financial institutions (as defined in section 
     1701(c)(2)), in strengthening financial systems in developing 
     countries, and encouraging the adoption of sound banking 
     principles and practices, including the development of laws 
     and regulations that will help to ensure that domestic 
     financial institutions meet strong standards regarding 
     capital reserves, regulatory oversight, and transparency.
       ``(4) Vigorously promote policies to increase the 
     effectiveness of the International Monetary Fund, in concert 
     with appropriate international authorities and other 
     international financial institutions (as defined in 
     section 1701(c)(2)), in facilitating the development and 
     implementation of internationally acceptable domestic 
     bankruptcy laws and regulations in developing countries, 
     including the provision of technical assistance as 
     appropriate.
       ``(5) Vigorously promote policies that aim at appropriate 
     burden-sharing by the private sector so that investors and 
     creditors bear more fully the consequences of their 
     decisions, and accordingly advocate policies which include--
       ``(A) strengthening crisis prevention and early warning 
     signals through improved and more effective surveillance of 
     the national economic policies and financial market 
     development of countries (including monitoring of the 
     structure and volume of capital flows to identify problematic 
     imbalances in the inflow of short and medium term investment 
     capital, potentially destabilizing inflows of offshore 
     lending and foreign investment, or problems with the maturity 
     profiles of capital to provide warnings of imminent economic 
     instability), and fuller disclosure of such information to 
     market participants;
       ``(B) accelerating work on strengthening financial systems 
     in emerging market economies so as to reduce the risk of 
     financial crises;
       ``(C) consideration of provisions in debt contracts that 
     would foster dialogue and consultation between a sovereign 
     debtor and its private creditors, and among those creditors;
       ``(D) consideration of extending the scope of the 
     International Monetary Fund's policy on lending to members in 
     arrears and of other policies so as to foster the dialogue 
     and consultation referred to in subparagraph (C);
       ``(E) intensified consideration of mechanisms to facilitate 
     orderly workout mechanisms for countries experiencing debt or 
     liquidity crises;
       ``(F) consideration of establishing ad hoc or formal 
     linkages between the provision of official financing to 
     countries experiencing a financial crisis and the willingness 
     of market participants to meaningfully participate in any 
     stabilization effort led by the International Monetary Fund;
       ``(G) using the International Monetary Fund to facilitate 
     discussions between debtors and private creditors to help 
     ensure that financial difficulties are resolved without 
     inappropriate resort to public resources; and
       ``(H) the International Monetary Fund accompanying the 
     provision of funding to countries experiencing a financial 
     crisis resulting from imprudent borrowing with efforts to 
     achieve a significant contribution by the private creditors, 
     investors, and banks which had extended such credits.
       ``(6) Vigorously promote policies that would make the 
     International Monetary Fund a more effective mechanism, in 
     concert with appropriate international authorities and other 
     international financial institutions (as defined in section 
     1701(c)(2)), for promoting good governance principles within 
     recipient countries by fostering structural reforms, 
     including procurement reform, that reduce opportunities for 
     corruption and bribery, and drug-related money laundering.
       ``(7) Vigorously promote the design of International 
     Monetary Fund programs and assistance so that governments 
     that draw on the International Monetary Fund channel public 
     funds away from unproductive purposes, including large `show 
     case' projects and excessive military spending, and toward 
     investment in human and physical capital as well as social 
     programs to protect the neediest and promote social equity.
       ``(8) Work with the International Monetary Fund to foster 
     economic prescriptions that are appropriate to the individual 
     economic circumstances of each recipient country, recognizing 
     that inappropriate stabilization programs may only serve to 
     further destabilize the economy and create unnecessary 
     economic, social, and political dislocation.
       ``(9) Structure International Monetary Fund programs and 
     assistance so that the maintenance and improvement of core 
     labor standards are routinely incorporated as an integral 
     goal in the policy dialogue with recipient countries, so 
     that--
       ``(A) recipient governments commit to affording workers the 
     right to exercise internationally recognized core worker 
     rights, including the right of free association and 
     collective bargaining through unions of their own choosing;
       ``(B) measures designed to facilitate labor market 
     flexibility are consistent with such core worker rights; and
       ``(C) the staff of the International Monetary Fund surveys 
     the labor market policies and practices of recipient 
     countries and recommends policy initiatives that will help to 
     ensure the maintenance or improvement of core labor 
     standards.
       ``(10) Vigorously promote International Monetary Fund 
     programs and assistance that are structured to the maximum 
     extent feasible to discourage practices which may promote 
     ethnic or social strife in a recipient country.
       ``(11) Vigorously promote recognition by the International 
     Monetary Fund that macroeconomic developments and policies 
     can affect and be affected by environmental conditions and 
     policies, and urge the International Monetary Fund to 
     encourage member countries to pursue macroeconomic stability 
     while promoting environmental protection.
       ``(12) Facilitate greater International Monetary Fund 
     transparency, including by enhancing accessibility of the 
     International Monetary

[[Page H11105]]

     Fund and its staff, fostering a more open release policy 
     toward working papers, past evaluations, and other 
     International Monetary Fund documents, seeking to publish all 
     Letters of Intent to the International Monetary Fund and 
     Policy Framework Papers, and establishing a more open release 
     policy regarding Article IV consultations.
       ``(13) Facilitate greater International Monetary Fund 
     accountability and enhance International Monetary Fund self-
     evaluation by vigorously promoting review of the 
     effectiveness of the Office of Internal Audit and Inspection 
     and the Executive Board's external evaluation pilot program 
     and, if necessary, the establishment of an operations 
     evaluation department modeled on the experience of the 
     International Bank for Reconstruction and Development, guided 
     by such key principles as usefulness, credibility, 
     transparency, and independence.
       ``(14) Vigorously promote coordination with the 
     International Bank for Reconstruction and Development and 
     other international financial institutions (as defined in 
     section 1701(c)(2)) in promoting structural reforms which 
     facilitate the provision of credit to small businesses, 
     including microenterprise lending, especially in the world's 
     poorest, heavily indebted countries.
       ``(b) Coordination With Other Executive Departments.--To 
     the extent that it would assist in achieving the goals 
     described in subsection (a), the Secretary of the Treasury 
     shall pursue the goals in coordination with the Secretary of 
     State, the Secretary of Labor, the Secretary of Commerce, the 
     Administrator of the Environmental Protection Agency, the 
     Administrator of the Agency for International Development, 
     and the United States Trade Representative.''.
       (b) Advisory Committee on IMF Policy.--Section 1701 of such 
     Act (22 U.S.C. 262p-5) is amended by adding at the end the 
     following:
       ``(e) Advisory Committee on IMF Policy.--
       ``(1) In general.--The Secretary of the Treasury should 
     establish an International Monetary Fund Advisory Committee 
     (in this subsection referred to as the `Advisory Committee').
       ``(2) Membership.--The Advisory Committee should consist of 
     members appointed by the Secretary of the Treasury, after 
     appropriate consultations with the relevant organizations. 
     Such members should include representatives from industry, 
     representatives from agriculture, representatives from 
     organized labor, representatives from banking and financial 
     services, and representatives from nongovernmental 
     environmental and human rights organizations.''.


              reduction of barriers to agricultural trade

       Sec. 611. Title XIV of the International Financial 
     Institutions Act (22 U.S.C. 262n-262n-2) is amended by adding 
     at the end the following:

     ``SEC. 1404. REDUCTION OF BARRIERS TO AGRICULTURAL TRADE.

       ``The Secretary of the Treasury shall instruct the United 
     States Executive Director at the International Monetary Fund 
     to use aggressively the voice and vote of the United States 
     to vigorously promote policies to encourage the opening of 
     markets for agricultural commodities and products by 
     requiring recipient countries to make efforts to reduce trade 
     barriers.''.


   semiannual reports on financial stabilization programs led by the 
   international monetary fund in connection with financing from the 
                      exchange stabilization fund

       Sec. 612. Title XVII of the International Financial 
     Institutions Act (22 U.S.C. 262r-262r-2) is amended by adding 
     at the end the following:

     ``SEC. 1704. REPORTS ON FINANCIAL STABILIZATION PROGRAMS LED 
                   BY THE INTERNATIONAL MONETARY FUND IN 
                   CONNECTION WITH FINANCING FROM THE EXCHANGE 
                   STABILIZATION FUND.

       ``(a) In General.--The Secretary of the Treasury, in 
     consultation with the Secretary of Commerce and other 
     appropriate Federal agencies, shall prepare reports on the 
     implementation of financial stabilization programs (and any 
     material terms and conditions thereof) led by the 
     International Monetary Fund in countries in connection with 
     which the United States has made a commitment to provide, or 
     has provided financing from the stabilization fund 
     established under section 5302 of title 31, United States 
     Code. The reports shall include the following:
       ``(1) A description of the condition of the economies of 
     countries requiring the financial stabilization programs, 
     including the monetary, fiscal, and exchange rate policies of 
     the countries.
       ``(2) A description of the degree to which the countries 
     requiring the financial stabilization programs have fully 
     implemented financial sector restructuring and reform 
     measures required by the International Monetary Fund, 
     including--
       ``(A) ensuring full respect for the commercial orientation 
     of commercial bank lending;
       ``(B) ensuring that governments will not intervene in bank 
     management and lending decisions (except in regard to 
     prudential supervision);
       ``(C) the enactment and implementation of appropriate 
     financial reform legislation;
       ``(D) strengthening the domestic financial system and 
     improving transparency and supervision; and
       ``(E) the opening of domestic capital markets.
       ``(3) A description of the degree to which the countries 
     requiring the financial stabilization programs have fully 
     implemented reforms required by the International Monetary 
     Fund that are directed at corporate governance and corporate 
     structure, including--
       ``(A) making nontransparent conglomerate practices more 
     transparent through the application of internationally 
     accepted accounting practices, independent external audits, 
     full disclosure, and provision of consolidated statements; 
     and
       ``(B) ensuring that no government subsidized support or tax 
     privileges will be provided to bail out individual 
     corporations, particularly in the semiconductor, steel, 
     and paper industries.
       ``(4) A description of the implementation of reform 
     measures required by the International Monetary Fund to 
     deregulate and privatize economic activity by ending domestic 
     monopolies, undertaking trade liberalization, and opening up 
     restricted areas of the economy to foreign investment and 
     competition.
       ``(5) A detailed description of the trade policies of the 
     countries, including any unfair trade practices or adverse 
     effects of the trade policies on the United States.
       ``(6) A description of the extent to which the financial 
     stabilization programs have resulted in appropriate burden-
     sharing among private sector creditors, including 
     rescheduling of outstanding loans by lengthening maturities, 
     agreements on debt reduction, and the extension of new 
     credit.
       ``(7) A description of the extent to which the economic 
     adjustment policies of the International Monetary Fund and 
     the policies of the government of the country adequately 
     balance the need for financial stabilization, economic 
     growth, environmental protection, social stability, and 
     equity for all elements of the society.
       ``(8) Whether International Monetary Fund involvement in 
     labor market flexibility measures has had a negative effect 
     on core worker rights, particularly the rights of free 
     association and collective bargaining.
       ``(9) A description of any pattern of abuses of core worker 
     rights in recipient countries.
       ``(10) The amount, rate of interest, and disbursement and 
     repayment schedules of any funds disbursed from the 
     stabilization fund established under section 5302 of title 
     31, United States Code, in the form of loans, credits, 
     guarantees, or swaps, in support of the financial 
     stabilization programs.
       ``(11) The amount, rate of interest, and disbursement and 
     repayment schedules of any funds disbursed by the 
     International Monetary Fund to the countries in support of 
     the financial stabilization programs.
       ``(b) Timing.--Not later than March 15, 1999, and 
     semiannually thereafter, the Secretary of the Treasury shall 
     submit to the Committees on Banking and Financial Services 
     and International Relations of the House of Representatives 
     and the Committees on Foreign Relations, and Banking, 
     Housing, and Urban Affairs of the Senate a report on the 
     matters described in subsection (a).''.


annual report and testimony on the state of the international financial 
         system, imf reform, and compliance with imf agreements

       Sec. 613. Title XVII of the International Financial 
     Institutions Act (22 U.S.C. 262r-262r-2) is further amended 
     by adding at the end the following:

     ``SEC. 1705. ANNUAL REPORT AND TESTIMONY ON THE STATE OF THE 
                   INTERNATIONAL FINANCIAL SYSTEM, IMF REFORM, AND 
                   COMPLIANCE WITH IMF AGREEMENTS.

       ``(a) Reports.--Not later than October 1 of each year, the 
     Secretary of the Treasury shall submit to the Committee on 
     Banking and Financial Services of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate a written report on the progress (if any) made by the 
     United States Executive Director at the International 
     Monetary Fund in influencing the International Monetary Fund 
     to adopt the policies and reform its internal procedures in 
     the manner described in section 1503.
       ``(b) Testimony.--After submitting the report required by 
     subsection (a) but not later than March 1 of each year, the 
     Secretary of the Treasury shall appear before the Committee 
     on Banking and Financial Services of the House of 
     Representatives and the Committee on Foreign Relations of 
     the Senate and present testimony on--
       ``(1) any progress made in reforming the International 
     Monetary Fund;
       ``(2) the status of efforts to reform the international 
     financial system; and
       ``(3) the compliance of countries which have received 
     assistance from the International Monetary Fund with 
     agreements made as a condition of receiving the 
     assistance.''.


               audits of the international monetary fund

       Sec. 614. Title XVII of the International Financial 
     Institutions Act (22 U.S.C. 262r-262r-2) is further amended 
     by adding at the end the following:

     ``SEC. 1706. AUDITS OF THE INTERNATIONAL MONETARY FUND.

       ``(a) Access to Materials.--Not later than 30 days after 
     the date of the enactment of this section, the Secretary of 
     the Treasury shall certify to the Committee on Banking and 
     Financial Services of the House of Representatives and the 
     Committee on Foreign Relations of the Senate that the 
     Secretary has instructed the United States Executive Director 
     at the International Monetary Fund to facilitate timely 
     access by the General Accounting Office to information and 
     documents of the International Monetary Fund needed by the 
     Office to perform financial reviews of the International 
     Monetary Fund that will facilitate the conduct of United 
     States policy with respect to the Fund.
       ``(b) Reports.--Not later than June 30, 1999, and annually 
     thereafter, the Comptroller General of the United States 
     shall prepare and submit to the committees specified in 
     subsection (a), the Committee on Appropriations of the House 
     of Representatives, and the Committee on Appropriations of 
     the Senate a report on the financial operations of the Fund 
     during the preceding year, which shall include--
       ``(1) the current financial condition of the International 
     Monetary Fund;

[[Page H11106]]

       ``(2) the amount, rate of interest, disbursement schedule, 
     and repayment schedule for any loans that were initiated or 
     outstanding during the preceding calendar year, and with 
     respect to disbursement schedules, the report shall identify 
     and discuss in detail any conditions required to be fulfilled 
     by a borrower country before a disbursement is made;
       ``(3) a detailed description of whether the trade policies 
     of borrower countries permit free and open trade by the 
     United States and other foreign countries in the borrower 
     countries;
       ``(4) a detailed description of the export policies of 
     borrower countries and whether the policies may result in 
     increased export of their products, goods, or services to the 
     United States which may have significant adverse effects on, 
     or result in unfair trade practices against or affecting 
     United States companies, farmers, or communities;
       ``(5) a detailed description of any conditions of 
     International Monetary Fund loans which have not been met by 
     borrower countries, including a discussion of the reasons why 
     such conditions were not met, and the actions taken by the 
     International Monetary Fund due to the borrower country's 
     noncompliance;
       ``(6) an identification of any borrower country and loan on 
     which any loan terms or conditions were renegotiated in the 
     preceding calendar year, including a discussion of the 
     reasons for the renegotiation and any new loan terms and 
     conditions; and
       ``(7) a specification of the total number of loans made by 
     the International Monetary Fund from its inception through 
     the end of the period covered by the report, the number and 
     percentage (by number) of such loans that are in default or 
     arrears, and the identity of the countries in default or 
     arrears, and the number of such loans that are outstanding as 
     of the end of period covered by the report and the aggregate 
     amount of the outstanding loans and the average yield 
     (weighted by loan principal) of the historical and 
     outstanding loan portfolios of the International Monetary 
     Fund.''.
       This Act may be cited as the ``Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1999''.
       (e) For programs, projects or activities in the Department 
     of the Interior and Related Agencies Appropriations Act, 
     1999, provided as follows, to be effective as if it had been 
     enacted into law as the regular appropriations Act:
     AN ACT Making appropriations for the Department of the 
     Interior and related agencies for the fiscal year ending 
     September 30, 1999, and for other purposes.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   management of lands and resources

       For expenses necessary for protection, use, improvement, 
     development, disposal, cadastral surveying, classification, 
     acquisition of easements and other interests in lands, and 
     performance of other functions, including maintenance of 
     facilities, as authorized by law, in the management of lands 
     and their resources under the jurisdiction of the Bureau of 
     Land Management, including the general administration of the 
     Bureau, and assessment of mineral potential of public lands 
     pursuant to Public Law 96-487 (16 U.S.C. 3150(a)), 
     $619,311,000, to remain available until expended, of which 
     $2,082,000 shall be available for assessment of the mineral 
     potential of public lands in Alaska pursuant to section 1010 
     of Public Law 96-487 (16 U.S.C. 3150); and of which 
     $3,000,000 shall be derived from the special receipt account 
     established by the Land and Water Conservation Act of 1965, 
     as amended (16 U.S.C. 460l-6a(i)); and of which $1,500,000 
     shall be available in fiscal year 1999 subject to a match by 
     at least an equal amount by the National Fish and Wildlife 
     Foundation, to such Foundation for cost-shared projects 
     supporting conservation of Bureau lands; in addition, 
     $32,650,000 for Mining Law Administration program operations, 
     including the cost of administering the mining claim fee 
     program; to remain available until expended, to be reduced by 
     amounts collected by the Bureau and credited to this 
     appropriation from annual mining claim fees so as to result 
     in a final appropriation estimated at not more than 
     $619,311,000, and $2,000,000, to remain available until 
     expended, from communication site rental fees established by 
     the Bureau for the cost of administering communication site 
     activities: Provided, That appropriations herein made shall 
     not be available for the destruction of healthy, unadopted, 
     wild horses and burros in the care of the Bureau or its 
     contractors.


                        wildland fire management

       For necessary expenses for fire preparedness, suppression 
     operations, emergency rehabilitation; and hazardous fuels 
     reduction by the Department of the Interior, $286,895,000, to 
     remain available until expended, of which not to exceed 
     $6,950,000 shall be for the renovation or construction of 
     fire facilities: Provided, That such funds are also available 
     for repayment of advances to other appropriation accounts 
     from which funds were previously transferred for such 
     purposes: Provided further, That unobligated balances of 
     amounts previously appropriated to the ``Fire Protection'' 
     and ``Emergency Department of the Interior Firefighting 
     Fund'' may be transferred and merged with this appropriation: 
     Provided further, That persons hired pursuant to 43 U.S.C. 
     1469 may be furnished subsistence and lodging without cost 
     from funds available from this appropriation: Provided 
     further, That notwithstanding 42 U.S.C. 1856d, sums received 
     by a Bureau or office of the Department of the Interior for 
     fire protection rendered pursuant to 42 U.S.C. 1856 et seq., 
     Protection of United States Property, may be credited to the 
     appropriation from which funds were expended to provide that 
     protection, and are available without fiscal year limitation.


                    central hazardous materials fund

       For necessary expenses of the Department of the Interior 
     and any of its component offices and bureaus for the remedial 
     action, including associated activities, of hazardous waste 
     substances, pollutants, or contaminants pursuant to the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act, as amended (42 U.S.C. 9601 et seq.), 
     $10,000,000, to remain available until expended: Provided, 
     That notwithstanding 31 U.S.C. 3302, sums recovered from or 
     paid by a party in advance of or as reimbursement for 
     remedial action or response activities conducted by the 
     Department pursuant to section 107 or 113(f) of such Act, 
     shall be credited to this account to be available until 
     expended without further appropriation: Provided further, 
     That such sums recovered from or paid by any party are not 
     limited to monetary payments and may include stocks, bonds 
     or other personal or real property, which may be retained, 
     liquidated, or otherwise disposed of by the Secretary and 
     which shall be credited to this account.


                              construction

       For construction of buildings, recreation facilities, 
     roads, trails, and appurtenant facilities, $10,997,000, to 
     remain available until expended.


                       payments in lieu of taxes

       For expenses necessary to implement the Act of October 20, 
     1976, as amended (31 U.S.C. 6901-6907), $125,000,000, of 
     which not to exceed $400,000 shall be available for 
     administrative expenses: Provided, That no payment shall be 
     made to otherwise eligible units of local government if the 
     computed amount of the payment is less than $100.


                            land acquisition

       For expenses necessary to carry out sections 205, 206, and 
     318(d) of Public Law 94-579, including administrative 
     expenses and acquisition of lands or waters, or interests 
     therein, $14,600,000, to be derived from the Land and Water 
     Conservation Fund, to remain available until expended.


                   oregon and california grant lands

       For expenses necessary for management, protection, and 
     development of resources and for construction, operation, and 
     maintenance of access roads, reforestation, and other 
     improvements on the revested Oregon and California Railroad 
     grant lands, on other Federal lands in the Oregon and 
     California land-grant counties of Oregon, and on adjacent 
     rights-of-way; and acquisition of lands or interests therein 
     including existing connecting roads on or adjacent to such 
     grant lands; $97,037,000, to remain available until expended: 
     Provided, That 25 percent of the aggregate of all receipts 
     during the current fiscal year from the revested Oregon and 
     California Railroad grant lands is hereby made a charge 
     against the Oregon and California land-grant fund and shall 
     be transferred to the General Fund in the Treasury in 
     accordance with the second paragraph of subsection (b) of 
     title II of the Act of August 28, 1937 (50 Stat. 876).


               forest ecosystems health and recovery fund

                   (revolving fund, special account)

       In addition to the purposes authorized in Public Law 102-
     381, funds made available in the Forest Ecosystem Health and 
     Recovery Fund can be used for the purpose of planning, 
     preparing, and monitoring salvage timber sales and forest 
     ecosystem health and recovery activities such as release from 
     competing vegetation and density control treatments. The 
     Federal share of receipts (defined as the portion of salvage 
     timber receipts not paid to the counties under 43 U.S.C. 
     1181f and 43 U.S.C. 1181f-1 et seq., and Public Law 103-66) 
     derived from treatments funded by this account shall be 
     deposited into the Forest Ecosystem Health and Recovery Fund.


                           range improvements

       For rehabilitation, protection, and acquisition of lands 
     and interests therein, and improvement of Federal rangelands 
     pursuant to section 401 of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701), notwithstanding any 
     other Act, sums equal to 50 percent of all moneys received 
     during the prior fiscal year under sections 3 and 15 of the 
     Taylor Grazing Act (43 U.S.C. 315 et seq.) and the amount 
     designated for range improvements from grazing fees and 
     mineral leasing receipts from Bankhead-Jones lands 
     transferred to the Department of the Interior pursuant to 
     law, but not less than $10,000,000, to remain available until 
     expended: Provided, That not to exceed $600,000 shall be 
     available for administrative expenses.


               service charges, deposits, and forfeitures

       For administrative expenses and other costs related to 
     processing application documents and other authorizations for 
     use and disposal of public lands and resources, for costs of 
     providing copies of official public land documents, for 
     monitoring construction, operation, and termination of 
     facilities in conjunction with use authorizations, and for 
     rehabilitation of damaged property, such amounts as may be 
     collected under Public Law 94-579, as amended, and Public 
     Law 93-153, to remain available until expended: Provided, 
     That notwithstanding any provision to the contrary of 
     section 305(a) of Public Law 94-579 (43 U.S.C. 1735(a)), 
     any moneys that have been or will be received pursuant to 
     that section, whether as a result of forfeiture, 
     compromise, or settlement, if not appropriate for refund 
     pursuant to section 305(c) of that Act (43 U.S.C. 
     1735(c)), shall be available and may be expended under the 
     authority of this Act by the Secretary to improve, 
     protect, or rehabilitate any public lands administered 
     through the Bureau of Land Management which have been 
     damaged by the action of a resource developer, purchaser, 
     permittee, or any unauthorized person, without regard to 
     whether all moneys collected from each such action are 
     used on the

[[Page H11107]]

     exact lands damaged which led to the action: Provided 
     further, That any such moneys that are in excess of 
     amounts needed to repair damage to the exact land for 
     which funds were collected may be used to repair other 
     damaged public lands.


                       miscellaneous trust funds

       In addition to amounts authorized to be expended under 
     existing laws, there is hereby appropriated such amounts as 
     may be contributed under section 307 of the Act of October 
     21, 1976 (43 U.S.C. 1701), and such amounts as may be 
     advanced for administrative costs, surveys, appraisals, and 
     costs of making conveyances of omitted lands under section 
     211(b) of that Act, to remain available until expended.


                       administrative provisions

       Appropriations for the Bureau of Land Management shall be 
     available for purchase, erection, and dismantlement of 
     temporary structures, and alteration and maintenance of 
     necessary buildings and appurtenant facilities to which the 
     United States has title; up to $100,000 for payments, at the 
     discretion of the Secretary, for information or evidence 
     concerning violations of laws administered by the Bureau; 
     miscellaneous and emergency expenses of enforcement 
     activities authorized or approved by the Secretary and to be 
     accounted for solely on his certificate, not to exceed 
     $10,000: Provided, That notwithstanding 44 U.S.C. 501, the 
     Bureau may, under cooperative cost-sharing and partnership 
     arrangements authorized by law, procure printing services 
     from cooperators in connection with jointly produced 
     publications for which the cooperators share the cost of 
     printing either in cash or in services, and the Bureau 
     determines the cooperator is capable of meeting accepted 
     quality standards.
       Section 28f(a) of title 30, United States Code, is amended 
     by striking the first sentence and inserting, ``The holder of 
     each unpatented mining claim, mill, or tunnel site, located 
     pursuant to the mining laws of the United States, whether 
     located before or after the enactment of this Act, shall pay 
     to the Secretary of the Interior, on or before September 1 of 
     each year for years 1999 through 2001, a claim maintenance 
     fee of $100 per claim or site.''
       Section 28f(d) of title 30, United States Code, is amended 
     by adding the following new subsection at the end:
       ``(3) If a small miner waiver application is determined to 
     be defective for any reason, the claimant shall have a period 
     of 60 days after receipt of written notification of the 
     defect or defects by the Bureau of Land Management to: (A) 
     cure such defect or defects, or (B) pay the $100 claim 
     maintenance fee due for such period.''.
       Section 28g of title 30, United States Code, is amended by 
     striking ``and before September 30, 1998'' and inserting in 
     lieu thereof ``and before September 30, 2001''.

                United States Fish and Wildlife Service


                          resource management

       For necessary expenses of the United States Fish and 
     Wildlife Service, for scientific and economic studies, 
     conservation, management, investigations, protection, and 
     utilization of fishery and wildlife resources, except whales, 
     seals, and sea lions, maintenance of the herd of long-horned 
     cattle on the Wichita Mountains Wildlife Refuge, general 
     administration, and for the performance of other authorized 
     functions related to such resources by direct expenditure, 
     contracts, grants, cooperative agreements and reimbursable 
     agreements with public and private entities, $661,136,000, to 
     remain available until September 30, 2000, except as 
     otherwise provided herein, of which $11,648,000 shall remain 
     available until expended for operation and maintenance of 
     fishery mitigation facilities constructed by the Corps of 
     Engineers under the Lower Snake River Compensation Plan, 
     authorized by the Water Resources Development Act of 1976, to 
     compensate for loss of fishery resources from water 
     development projects on the Lower Snake River, and of which 
     not less than $2,000,000 shall be provided to local 
     governments in southern California for planning associated 
     with the Natural Communities Conservation Planning (NCCP) 
     program and shall remain available until expended:  Provided, 
     That not less than $1,000,000 for high priority projects 
     which shall be carried out by the Youth Conservation Corps as 
     authorized by the Act of August 13, 1970, as amended: 
     Provided further, That not to exceed $5,756,000 shall be used 
     for implementing subsections (a), (b), (c), and (e) of 
     section 4 of the Endangered Species Act, as amended, for 
     species that are indigenous to the United States (except for 
     processing petitions, developing and issuing proposed and 
     final regulations, and taking any other steps to implement 
     actions described in subsections (c)(2)(A), (c)(2)(B)(i), or 
     (c)(2)(B)(ii)): Provided further, That of the amount 
     available for law enforcement, up to $400,000 to remain 
     available until expended, may at the discretion of the 
     Secretary, be used for payment for information, rewards, or 
     evidence concerning violations of laws administered by the 
     Service, and miscellaneous and emergency expenses of 
     enforcement activity, authorized or approved by the Secretary 
     and to be accounted for solely on his certificate: Provided 
     further, That hereafter, all fees collected for Federal 
     migratory bird permits shall be available to the Secretary, 
     without further appropriation, to be used for the expenses of 
     the U.S. Fish and Wildlife Service in administering such 
     Federal migratory bird permits, and shall remain available 
     until expended: Provided further, That hereafter, pursuant to 
     31 U.S.C. 9701 and notwithstanding 31 U.S.C. 3302, the 
     Secretary shall charge reasonable fees for the full costs of 
     the U.S. Fish and Wildlife Service in operating and 
     maintaining the M/V Tiglax and other vessels, to be credited 
     to this account and to be available until expended: Provided 
     further, That of the amount provided for environmental 
     contaminants, up to $1,000,000 may remain available until 
     expended for contaminant sample analyses.


                              construction

       For construction and acquisition of buildings and other 
     facilities required in the conservation, management, 
     investigation, protection, and utilization of fishery and 
     wildlife resources, and the acquisition of lands and 
     interests therein; $50,453,000, to remain available until 
     expended: Provided, That under this heading in Public Law 
     105-174, the word ``fire,'' is inserted before the word 
     ``floods''.


                            land acquisition

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of land or waters, or interest therein, in 
     accordance with statutory authority applicable to the United 
     States Fish and Wildlife Service, $48,024,000, to be derived 
     from the Land and Water Conservation Fund and to remain 
     available until expended, of which $1,000,000, together 
     with such other sums as may become available, is for a 
     grant to the State of Ohio for acquisition of the Howard 
     Farm near Metzger Marsh in the State of Ohio.


            cooperative endangered species conservation fund

       For expenses necessary to carry out the provisions of the 
     Endangered Species Act of 1973 (16 U.S.C. 1531-1543), as 
     amended, $14,000,000, to be derived from the Cooperative 
     Endangered Species Conservation Fund, and to remain available 
     until expended.


                     national wildlife refuge fund

       For expenses necessary to implement the Act of October 17, 
     1978 (16 U.S.C. 715s), $10,779,000.


               north american wetlands conservation fund

       For expenses necessary to carry out the provisions of the 
     North American Wetlands Conservation Act, Public Law 101-233, 
     as amended, $15,000,000, to remain available until expended.


              wildlife conservation and appreciation fund

       For necessary expenses of the Wildlife Conservation and 
     Appreciation Fund, $800,000, to remain available until 
     expended.


                multinational species conservation fund

       For expenses necessary to carry out the African Elephant 
     Conservation Act (16 U.S.C. 4201-4203, 4211-4213, 4221-4225, 
     4241-4245, and 1538), the Asian Elephant Conservation Act of 
     1997 (Public Law 105-96), and the Rhinoceros and Tiger 
     Conservation Act of 1994 (16 U.S.C. 5301-5306), $2,000,000, 
     to remain available until expended: Provided, That unexpended 
     balances of amounts previously appropriated to the African 
     Elephant Conservation Fund, Rewards and Operations account, 
     and Rhinoceros and Tiger Conservation Fund may be transferred 
     to and merged with this appropriation: Provided further, That 
     in fiscal year 1999 and thereafter, donations to provide 
     assistance under section 5304 of the Rhinoceros and Tiger 
     Conservation Act, subchapter I of the African Elephant 
     Conservation Act, and section 6 of the Asian Elephant 
     Conservation Act of 1997 shall be deposited to this Fund and 
     shall be available without further appropriation: Provided 
     further, That in fiscal year 1999 and thereafter, all 
     penalties received by the United States under 16 U.S.C. 4224 
     which are not used to pay rewards under 16 U.S.C. 4225 shall 
     be deposited to this Fund to provide assistance under 16 
     U.S.C. 4211 and shall be available without further 
     appropriation: Provided further, That in fiscal year 1999 and 
     thereafter, not more than three percent of amounts 
     appropriated to this Fund may be used by the Secretary of the 
     Interior to administer the Fund.


                       administrative provisions

       Appropriations and funds available to the United States 
     Fish and Wildlife Service shall be available for purchase of 
     not to exceed 104 passenger motor vehicles, of which 89 are 
     for replacement only (including 38 for police-type use); 
     repair of damage to public roads within and adjacent to 
     reservation areas caused by operations of the Service; 
     options for the purchase of land at not to exceed $1 for each 
     option; facilities incident to such public recreational uses 
     on conservation areas as are consistent with their primary 
     purpose; and the maintenance and improvement of aquaria, 
     buildings, and other facilities under the jurisdiction of the 
     Service and to which the United States has title, and which 
     are used pursuant to law in connection with management and 
     investigation of fish and wildlife resources: Provided, That 
     notwithstanding 44 U.S.C. 501, the Service may, under 
     cooperative cost sharing and partnership arrangements 
     authorized by law, procure printing services from cooperators 
     in connection with jointly produced publications for which 
     the cooperators share at least one-half the cost of printing 
     either in cash or services and the Service determines the 
     cooperator is capable of meeting accepted quality standards: 
     Provided further, That the Service may accept donated 
     aircraft as replacements for existing aircraft: Provided 
     further, That notwithstanding any other provision of law, 
     the Secretary of the Interior may not spend any of the 
     funds appropriated in this Act for the purchase of lands 
     or interests in lands to be used in the establishment of 
     any new unit of the National Wildlife Refuge System unless 
     the purchase is approved in advance by the House and 
     Senate Committees on Appropriations in compliance with the 
     reprogramming procedures contained in Senate Report 105-
     56: Provided further, That hereafter the Secretary may 
     sell land and interests in land, other than surface water 
     rights, acquired in conformance with subsections 206(a) 
     and 207(c) of Public Law 101-618, the receipts of which 
     shall be deposited to the Lahontan Valley and Pyramid Lake 
     Fish and Wildlife Fund and used exclusively for the

[[Page H11108]]

     purposes of such subsections, without regard to the 
     limitation on the distribution of benefits in subsection 
     206(f)(2) of such law: Provided further, That section 
     104(c)(50)(B) of the Marine Mammal Protection Act (16 
     U.S.C. 1361-1407) is amended by inserting the words 
     ``until expended'' after the word ``Secretary'' in the 
     second sentence.


                         technical corrections

       Unit SC-03--
       (1) The Secretary of the Interior shall, before the end of 
     the 30-day period beginning on the date of the enactment of 
     this Act, make such corrections to the map described in 
     paragraph (2) as are necessary to ensure that depictions of 
     areas on that map are consistent with the depictions of areas 
     appearing on the map entitled ``Amendments to the Coastal 
     Barrier Resources System'', dated May 15, 1997, and on file 
     with the Committee on Resources of the House of 
     Representatives.
       (2) The map described in this paragraph is the map that--
       (A) is included in a set of maps entitled ``Coastal Barrier 
     Resources System'', dated October 24, 1990; and
       (B) relates to unit SC-03 of the Coastal Barrier Resources 
     System.
       Unit FL-35P--
       (1) The Secretary of the Interior shall, before the end of 
     the 30-day period beginning on the date of the enactment of 
     this Act, make such corrections to the map described in 
     paragraph (2) as are necessary to ensure that depictions of 
     areas on that map are consistent with the depictions of areas 
     appearing on the map entitled ``Amendments to the Coastal 
     Barrier Resources System'', dated August 31, 1998, and on 
     file with the Committee on Resources of the House of 
     Representatives.
       (2) The map described in this paragraph is the map that--
       (A) is included in a set of maps entitled ``Coastal Barrier 
     Resources System'', dated October 24, 1990; and
       (B) relates to unit FL-35P of the Coastal Barrier Resources 
     System.
       Unit FL-35--
       The Secretary of the Interior shall, before the end of the 
     30-day period beginning on the date of the enactment of this 
     Act, revise the map depicting unit FL-35 of the Coastal 
     Barrier Resources System to exclude Pumpkin Key from the 
     System.

                         National Park Service


                 operation of the national park system

       For expenses necessary for the management, operation, and 
     maintenance of areas and facilities administered by the 
     National Park Service (including special road maintenance 
     service to trucking permittees on a reimbursable basis), and 
     for the general administration of the National Park Service, 
     including not less than $1,000,000 for high priority projects 
     within the scope of the approved budget which shall be 
     carried out by the Youth Conservation Corps as authorized by 
     16 U.S.C. 1706, $1,285,604,000, of which not less than 
     $600,000 is for salaries and expenses by, at, and 
     exclusively for new hires of mineral examiners on site at 
     the Mojave National Preserve, none of which may be used 
     for staff or administrative expenses for the geological 
     resources division in Denver, Colorado or any other 
     location, and of which $12,800,000 is for research, 
     planning and interagency coordination in support of land 
     acquisition for Everglades restoration shall remain 
     available until expended, and of which not to exceed 
     $10,000,000, to remain available until expended, is to be 
     derived from the special fee account established pursuant 
     to title V, section 5201 of Public Law 100-203.


                  national recreation and preservation

       For expenses necessary to carry out recreation programs, 
     natural programs, cultural programs, heritage partnership 
     programs, environmental compliance and review, international 
     park affairs, statutory or contractual aid for other 
     activities, and grant administration, not otherwise provided 
     for, $46,225,000.


                       HISTORIC PRESERVATION FUND

       For expenses necessary in carrying out the Historic 
     Preservation Act of 1966, as amended (16 U.S.C. 470), and the 
     Omnibus Parks and Public Lands Management Act of 1996 (Public 
     Law 104-333), $72,412,000, to be derived from the Historic 
     Preservation Fund, to remain available until September 30, 
     2000, of which $7,000,000 pursuant to section 507 of Public 
     Law 104-333 shall remain available until expended: Provided, 
     That of the total amount provided, $30,000,000 shall be for 
     Save America's Treasures for priority preservation projects, 
     including preservation of intellectual and cultural artifacts 
     and of historic structures and sites, of the National 
     Archives and Records Administration and of Federal agencies 
     to which funds were appropriated in the Fiscal Year 1998 
     Interior and Related Agencies Appropriations Act: Provided 
     further, That individual Save America's Treasures grants 
     shall be subject to a fifty percent non-Federal match, and 
     shall be available by transfer to appropriate accounts of 
     individual agencies, after approval of projects by the 
     Secretary: Provided further, That the agencies shall develop 
     a common list of project selection criteria for Save 
     America's Treasures which shall include national 
     significance, urgency of need, and educational value, and 
     which shall be approved by the House and Senate Committees on 
     Appropriations prior to any commitment of grant funds: 
     Provided further, That individual projects shall only be 
     eligible for one grant, and all projects to be funded shall 
     be approved by the House and Senate Committees on 
     Appropriations prior to any commitment of grant funds: 
     Provided further, That within the amount provided for Save 
     America's Treasures, $3,000,000 shall be transferred 
     immediately to the Smithsonian Institution for restoration of 
     the Star Spangled Banner, $500,000 shall be available for the 
     Sewall-Belmont House and sufficient funds to complete the 
     restoration of the Declaration of Independence and the U.S. 
     Constituion located in the National Archives: Provided 
     further, That none of the funds provided for Save America's 
     Treasures may be used for administrative expenses, and 
     staffing for the program shall be available from the existing 
     staffing levels in the National Park Service.


                              construction

       For construction, improvements, repair or replacement of 
     physical facilities, including the modifications authorized 
     by section 104 of the Everglades National Park Protection and 
     Expansion Act of 1989, $226,058,000, to remain available 
     until expended: Provided, That $550,000 for the Susan B. 
     Anthony House, $1,000,000 for the Virginia City Historic 
     District, $2,000,000 for the Field Museum, $500,000 for the 
     Hecksher Museum, $600,000 for the Sotterly Plantation House, 
     $1,500,000 for the Kendall County Courthouse, $1,000,000 for 
     the U-505, and $600,000 for the Wheeling National Heritage 
     Area shall be derived from the Historic Preservation Fund 
     pursuant to 16 U.S.C. 470a.


                    land and water conservation fund

                              (rescission)

       The contract authority provided for fiscal year 1999 by 16 
     U.S.C. 460l-10a is rescinded.


                 land acquisition and state assistance

       For expenses necessary to carry out the Land and Water 
     Conservation Fund Act of 1965, as amended (16 U.S.C. 460l-4 
     through 11), including administrative expenses, and for 
     acquisition of lands or waters, or interest therein, in 
     accordance with statutory authority applicable to the 
     National Park Service, $147,925,000, to be derived from the 
     Land and Water Conservation Fund, to remain available until 
     expended, of which $500,000 is to administer the State 
     assistance program: Provided, That any funds made available 
     for the purpose of acquisition of the Elwha and Glines dams 
     shall be used solely for acquisition, and shall not be 
     expended until the full purchase amount has been appropriated 
     by the Congress: Provided further, That the Secretary may 
     acquire interests in the property known as George 
     Washington's Boyhood Home, Ferry Farm, from the funds 
     provided under this heading without regard to any 
     restirctions of the Land and Water Conservation Fund Act of 
     1965: Provided further, That from the funds made available 
     for land acquisition at Everglades National Park and Big 
     Cypress National Preserve, the Secretary may provide for 
     Federal assistance to the State of Florida for the 
     acquisition of lands or waters, or interests therein, within 
     the Everglades watershed (consisting of lands and waters 
     within the boundaries of the South Florida Water Management 
     District, Florida Bay and the Florida Keys) under terms and 
     conditions deemed necessary by the Secretary, to improve and 
     restore the hydrological function of the Everglades 
     watershed: Provided further, That funds provided under this 
     heading to the State of Florida are contingent upon new 
     matching non-Federal funds by the State and shall be subject 
     to an agreement that the lands to be acquired will be managed 
     in perpetuity for the restoration of the Everglades.


                       administrative provisions

       Appropriations for the National Park Service shall be 
     available for the purchase of not to exceed 375 passenger 
     motor vehicles, of which 291 shall be for replacement only, 
     including not to exceed 305 for police-type use, 12 buses, 
     and 6 ambulances: Provided, That none of the funds 
     appropriated to the National Park Service may be used to 
     process any grant or contract documents which do not include 
     the text of 18 U.S.C. 1913: Provided further, That none of 
     the funds appropriated to the National Park Service may be 
     used to implement an agreement for the redevelopment of the 
     southern end of Ellis Island until such agreement has been 
     submitted to the Congress and shall not be implemented prior 
     to the expiration of 30 calendar days (not including any day 
     in which either House of Congress is not in session because 
     of adjournment of more than three calendar days to a day 
     certain) from the receipt by the Speaker of the House of 
     Representatives and the President of the Senate of a full and 
     comprehensive report on the development of the southern end 
     of Ellis Island, including the facts and circumstances relied 
     upon in support of the proposed project.
       None of the funds in this Act may be spent by the National 
     Park Service for activities taken in direct response to the 
     United Nations Biodiversity Convention.
       The National Park Service may distribute to operating units 
     based on the safety record of each unit the costs of programs 
     designed to improve workplace and employee safety, and to 
     encourage employees receiving workers' compensation benefits 
     pursuant to chapter 81 of title 5, United States Code, to 
     return to appropriate positions for which they are medically 
     able.

                    United States Geological Survey


                 surveys, investigations, and research

       For expenses necessary for the United States Geological 
     Survey to perform surveys, investigations, and research 
     covering topography, geology, hydrology, and the mineral and 
     water resources of the United States, its territories and 
     possessions, and other areas as authorized by 43 U.S.C. 31, 
     1332, and 1340; classify lands as to their mineral and water 
     resources; give engineering supervision to power 
     permittees and Federal Energy Regulatory Commission 
     licensees; administer the minerals exploration program (30 
     U.S.C. 641); and publish and disseminate data relative to 
     the foregoing activities; and to conduct inquiries into 
     the economic conditions affecting mining and materials 
     processing industries (30 U.S.C. 3, 21a, and 1603; 50 
     U.S.C. 98g(1)) and related purposes as authorized by law 
     and to publish and disseminate

[[Page H11109]]

     data; $797,896,000, of which $69,596,000 shall be 
     available only for cooperation with States or 
     municipalities for water resources investigations; and of 
     which $16,400,000 shall remain available until expended 
     for conducting inquiries into the economic conditions 
     affecting mining and materials processing industries; and 
     of which $2,000,000 shall remain available until expended 
     for ongoing development of a mineral and geologic data 
     base; and of which $161,221,000 shall be available until 
     September 30, 2000 for the biological research activity 
     and the operation of the Cooperative Research Units: 
     Provided, That of the funds available for the biological 
     research activity, $6,600,000 shall be made available by 
     grant to the University of Alaska for conduct of, directly 
     or through subgrants, basic marine research activities in 
     the North Pacific Ocean pursuant to a plan approved by the 
     Department of Commerce, the Department of the Interior, 
     and the State of Alaska: Provided further, That none of 
     these funds provided for the biological research activity 
     shall be used to conduct new surveys on private property, 
     unless specifically authorized in writing by the property 
     owner: Provided further, That no part of this 
     appropriation shall be used to pay more than one-half the 
     cost of topographic mapping or water resources data 
     collection and investigations carried on in cooperation 
     with States and municipalities.


                       administrative provisions

       The amount appropriated for the United States Geological 
     Survey shall be available for the purchase of not to exceed 
     53 passenger motor vehicles, of which 48 are for replacement 
     only; reimbursement to the General Services Administration 
     for security guard services; contracting for the furnishing 
     of topographic maps and for the making of geophysical or 
     other specialized surveys when it is administratively 
     determined that such procedures are in the public interest; 
     construction and maintenance of necessary buildings and 
     appurtenant facilities; acquisition of lands for gauging 
     stations and observation wells; expenses of the United States 
     National Committee on Geology; and payment of compensation 
     and expenses of persons on the rolls of the Survey duly 
     appointed to represent the United States in the negotiation 
     and administration of interstate compacts: Provided, That 
     activities funded by appropriations herein made may be 
     accomplished through the use of contracts, grants, or 
     cooperative agreements as defined in 31 U.S.C. 6302 et seq.: 
     Provided further, That the United States Geological Survey 
     may contract directly with individuals or indirectly with 
     institutions or nonprofit organizations, without regard to 41 
     U.S.C. 5, for the temporary or intermittent services of 
     students or recent graduates, who shall be considered 
     employees for the purposes of chapters 57 and 81 of title 
     5, United States Code, relating to compensation for travel 
     and work injuries, and chapter 171 of title 28, United 
     States Code, relating to tort claims, but shall not be 
     considered to be Federal employees for any other purposes.

                      Minerals Management Service


                royalty and offshore minerals management

       For expenses necessary for minerals leasing and 
     environmental studies, regulation of industry operations, and 
     collection of royalties, as authorized by law; for enforcing 
     laws and regulations applicable to oil, gas, and other 
     minerals leases, permits, licenses and operating contracts; 
     and for matching grants or cooperative agreements; including 
     the purchase of not to exceed eight passenger motor vehicles 
     for replacement only; $117,902,000, of which $72,729,000 
     shall be available for royalty management activities; and an 
     amount not to exceed $100,000,000, to be credited to this 
     appropriation and to remain available until expended, from 
     additions to receipts resulting from increases to rates in 
     effect on August 5, 1993, from rate increases to fee 
     collections for Outer Continental Shelf administrative 
     activities performed by the Minerals Management Service over 
     and above the rates in effect on September 30, 1993, and from 
     additional fees for Outer Continental Shelf administrative 
     activities established after September 30, 1993: Provided, 
     That $3,000,000 for computer acquisitions shall remain 
     available until September 30, 2000: Provided further, That 
     funds appropriated under this Act shall be available for the 
     payment of interest in accordance with 30 U.S.C. 1721(b) and 
     (d): Provided further, That not to exceed $3,000 shall be 
     available for reasonable expenses related to promoting 
     volunteer beach and marine cleanup activities: Provided 
     further, That notwithstanding any other provision of law, 
     $15,000 under this heading shall be available for refunds of 
     overpayments in connection with certain Indian leases in 
     which the Director of the Minerals Management Service 
     concurred with the claimed refund due, to pay amounts owed to 
     Indian allottees or Tribes, or to correct prior unrecoverable 
     erroneous payments.


                           oil spill research

       For necessary expenses to carry out title I, section 1016, 
     title IV, sections 4202 and 4303, title VII, and title VIII, 
     section 8201 of the Oil Pollution Act of 1990, $6,118,000, 
     which shall be derived from the Oil Spill Liability Trust 
     Fund, to remain available until expended.

          Office of Surface Mining Reclamation and Enforcement


                       regulation and technology

       For necessary expenses to carry out the provisions of the 
     Surface Mining Control and Reclamation Act of 1977, Public 
     Law 95-87, as amended, including the purchase of not to 
     exceed 10 passenger motor vehicles, for replacement only; 
     $93,078,000, and notwithstanding 31 U.S.C. 3302, an 
     additional amount shall be credited to this account, to 
     remain available until expended, from performance bond 
     forfeitures in fiscal year 1999 and thereafter: Provided, 
     That the Secretary of the Interior, pursuant to regulations, 
     may use directly or through grants to States, moneys 
     collected in fiscal year 1999 for civil penalties assessed 
     under section 518 of the Surface Mining Control and 
     Reclamation Act of 1977 (30 U.S.C. 1268), to reclaim lands 
     adversely affected by coal mining practices after August 3, 
     1977, to remain available until expended: Provided further, 
     That appropriations for the Office of Surface Mining 
     Reclamation and Enforcement may provide for the travel and 
     per diem expenses of State and tribal personnel attending 
     Office of Surface Mining Reclamation and Enforcement 
     sponsored training: Provided further, That beginning in 
     fiscal year 1999 and thereafter, cost-based fees for the 
     products of the Mine Map Repository shall be established (and 
     revised as needed) in Federal Register Notices, and shall 
     be collected and credited to this account, to be available 
     until expended for the costs of administering this 
     program.


                    abandoned mine reclamation fund

       For necessary expenses to carry out title IV of the Surface 
     Mining Control and Reclamation Act of 1977, Public Law 95-87, 
     as amended, including the purchase of not more than 10 
     passenger motor vehicles for replacement only, $185,416,000, 
     to be derived from receipts of the Abandoned Mine Reclamation 
     Fund and to remain available until expended; of which up to 
     $7,000,000, to be derived from the cumulative balance of 
     interest earned to date on the Fund, shall be for 
     supplemental grants to States for the reclamation of 
     abandoned sites with acid mine rock drainage from coal mines, 
     and for associated activities, through the Appalachian Clean 
     Streams Initiative: Provided, That grants to minimum program 
     States will be $1,500,000 per State in fiscal year 1999: 
     Provided further, That of the funds herein provided up to 
     $18,000,000 may be used for the emergency program authorized 
     by section 410 of Public Law 95-87, as amended, of which no 
     more than 25 percent shall be used for emergency reclamation 
     projects in any one State and funds for federally 
     administered emergency reclamation projects under this 
     proviso shall not exceed $11,000,000: Provided further, That 
     prior year unobligated funds appropriated for the emergency 
     reclamation program shall not be subject to the 25 percent 
     limitation per State and may be used without fiscal year 
     limitation for emergency projects: Provided further, That 
     pursuant to Public Law 97-365, the Department of the Interior 
     is authorized to use up to 20 percent from the recovery of 
     the delinquent debt owed to the United States Government to 
     pay for contracts to collect these debts: Provided further, 
     That funds made available to States under title IV of Public 
     Law 95-87 may be used, at their discretion, for any required 
     non-Federal share of the cost of projects funded by the 
     Federal Government for the purpose of environmental 
     restoration related to treatment or abatement of acid mine 
     drainage from abandoned mines: Provided further, That such 
     projects must be consistent with the purposes and priorities 
     of the Surface Mining Control and Reclamation Act: Provided 
     further, That the State of Maryland may set aside the greater 
     of $1,000,000 or 10 percent of the total of the grants made 
     available to the State under title IV of the Surface Mining 
     Control and Reclamation Act of 1977, as amended (30 U.S.C. 
     1231 et seq.), if the amount set aside is deposited in an 
     acid mine drainage abatement and treatment fund established 
     under a State law, pursuant to which law the amount (together 
     with all interest earned on the amount) is expended by the 
     State to undertake acid mine drainage abatement and treatment 
     projects, except that before any amounts greater than 10 
     percent of its title IV grants are deposited in an acid mine 
     drainage abatement and treatment fund, the State of Maryland 
     must first complete all Surface Mining Control and 
     Reclamation Act priority one projects: Provided further, That 
     hereafter, donations received to support projects under the 
     Appalachian Clean Streams Initiative and under the Western 
     Mine Lands Restoration Partnerships Initiative, pursuant to 
     30 U.S.C. 1231, shall be credited to this account and remain 
     available until expended without further appropriation for 
     projects sponsored under these initiatives, directly through 
     agreements with other Federal agencies, or through grants to 
     States, and funding to local governments, or tax exempt 
     private entities.

                        Bureau of Indian Affairs


                      operation of indian programs

       For expenses necessary for the operation of Indian 
     programs, as authorized by law, including the Snyder Act of 
     November 2, 1921 (25 U.S.C. 13), the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450 et seq.), as amended, the Education Amendments of 1978 
     (25 U.S.C. 2001-2019), and the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.), as amended, 
     $1,584,124,000, to remain available until September 30, 
     2000 except as otherwise provided herein, of which not to 
     exceed $94,010,000 shall be for welfare assistance 
     payments and notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, not to exceed $114,871,000 shall 
     be available for payments to tribes and tribal 
     organizations for contract support costs associated with 
     ongoing contracts, grants, compacts, or annual funding 
     agreements entered into with the Bureau prior to or during 
     fiscal year 1999, as authorized by such Act, except that 
     tribes and tribal organizations may use their tribal 
     priority allocations for unmet indirect costs of ongoing 
     contracts, grants, or compacts, or annual funding 
     agreements and for unmet welfare assistance costs, and of 
     which not to exceed $387,365,000 for school operations 
     costs of Bureau-funded schools and other education 
     programs shall become available on July 1, 1999, and shall 
     remain available until September 30, 2000; and of which 
     not to exceed $52,889,000 shall remain available until 
     expended for housing improvement, road maintenance, 
     attorney fees, litigation support,

[[Page H11110]]

     self-governance grants, the Indian Self-Determination 
     Fund, land records improvement, the Navajo-Hopi Settlement 
     Program: Provided, That notwithstanding any other 
     provision of law, including but not limited to the Indian 
     Self-Determination Act of 1975, as amended, and 25 U.S.C. 
     2008, not to exceed $42,160,000 within and only from such 
     amounts made available for school operations shall be 
     available to tribes and tribal organizations for 
     administrative cost grants associated with the operation 
     of Bureau-funded schools: Provided further, That hereafter 
     funds made available to tribes and tribal organizations 
     through contracts, compact agreements, or grants, as 
     authorized by the Indian Self-Determination Act of 1975 or 
     grants authorized by the Indian Education Amendments of 
     1988 (25 U.S.C. 2001 and 2008A) shall remain available 
     until expended by the contractor or grantee: Provided 
     further, That hereafter, to provide funding uniformity 
     within a Self-Governance Compact, any funds provided in 
     this Act with availability for more than two years may be 
     reprogrammed to two year availability but shall remain 
     available within the Compact until expended: Provided 
     further, That hereafter notwithstanding any other 
     provision of law, Indian tribal governments may, by 
     appropriate changes in eligibility criteria or by other 
     means, change eligibility for general assistance or change 
     the amount of general assistance payments for individuals 
     within the service area of such tribe who are otherwise 
     deemed eligible for general assistance payments so long as 
     such changes are applied in a consistent manner to 
     individuals similarly situated and, that any savings 
     realized by such changes shall be available for use in 
     meeting other priorities of the tribes and, that any net 
     increase in costs to the Federal Government which result 
     solely from tribally increased payment levels for general 
     assistance shall be met exclusively from funds available 
     to the tribe from within its tribal priority allocation: 
     Provided further, That any forestry funds allocated to a 
     tribe which remain unobligated as of September 30, 2000, 
     may be transferred during fiscal year 2001 to an Indian 
     forest land assistance account established for the benefit 
     of such tribe within the tribe's trust fund account: 
     Provided further, That any such unobligated balances not 
     so transferred shall expire on September 30, 2001: 
     Provided further, That hereafter tribes may use tribal 
     priority allocations funds for the replacement and repair 
     of school facilities in compliance with 25 U.S.C. 2005(a), 
     so long as such replacement or repair is approved by the 
     Secretary and completed with non-Federal tribal and/or 
     tribal priority allocation funds: Provided further, That 
     the sixth proviso under Operation of Indian Programs in 
     Public Law 102-154, for the fiscal year ending September 
     30, 1992 (105 Stat. 1004), is hereby amended to read as 
     follows: ``Provided further, That until such time as 
     legislation is enacted to the contrary, no funds shall be 
     used to take land into trust within the boundaries of the 
     original Cherokee territory in Oklahoma without 
     consultation with the Cherokee Nation:''.


                              construction

       For construction, repair, improvement, and maintenance of 
     irrigation and power systems, buildings, utilities, and other 
     facilities, including architectural and engineering services 
     by contract; acquisition of lands, and interests in lands; 
     and preparation of lands for farming, and for construction of 
     the Navajo Indian Irrigation Project pursuant to Public Law 
     87-483, $123,421,000, to remain available until expended: 
     Provided, That such amounts as may be available for the 
     construction of the Navajo Indian Irrigation Project may be 
     transferred to the Bureau of Reclamation: Provided further, 
     That not to exceed 6 percent of contract authority available 
     to the Bureau of Indian Affairs from the Federal Highway 
     Trust Fund may be used to cover the road program management 
     costs of the Bureau: Provided further, That any funds 
     provided for the Safety of Dams program pursuant to 25 U.S.C. 
     13 shall be made available on a nonreimbursable basis: 
     Provided further, That for fiscal year 1999, in implementing 
     new construction or facilities improvement and repair project 
     grants in excess of $100,000 that are provided to tribally 
     controlled grant schools under Public Law 100-297, as 
     amended, the Secretary of the Interior shall use the 
     Administrative and Audit Requirements and Cost Principles for 
     Assistance Programs contained in 43 CFR part 12 as the 
     regulatory requirements: Provided further, That such grants 
     shall not be subject to section 12.61 of 43 CFR; the 
     Secretary and the grantee shall negotiate and determine a 
     schedule of payments for the work to be performed: Provided 
     further, That in considering applications, the Secretary 
     shall consider whether the Indian tribe or tribal 
     organization would be deficient in assuring that the 
     construction projects conform to applicable building 
     standards and codes and Federal, tribal, or State health and 
     safety standards as required by 25 U.S.C. 2005(a), with 
     respect to organizational and financial management 
     capabilities: Provided further, That if the Secretary 
     declines an application, the Secretary shall follow the 
     requirements contained in 25 U.S.C. 2505(f): Provided 
     further, That any disputes between the Secretary and any 
     grantee concerning a grant shall be subject to the disputes 
     provision in 25 U.S.C. 2508(e): Provided further, That funds 
     appropriated in Public Law 105-18, making emergency 
     supplemental appropriations for the Bureau of Indian Affairs 
     for the repair of irrigation projects damaged in the severe 
     winter conditions and ensuing flooding, are available on a 
     nonreimbursable basis.


 indian land and water claim settlements and miscellaneous payments to 
                                indians

       For miscellaneous payments to Indian tribes and individuals 
     and for necessary administrative expenses, $28,882,000, to 
     remain available until expended; of which $27,530,000 shall 
     be available for implementation of enacted Indian land and 
     water claim settlements pursuant to Public Laws 101-618 and 
     102-575, and for implementation of other enacted water rights 
     settlements; and of which $1,352,000 shall be available 
     pursuant to Public Laws 99-264, 100-383, 103-402, and 100-
     580: Provided, That in fiscal year 1999 and thereafter, the 
     Secretary is directed to sell land and interests in land, 
     other than surface water rights, acquired in conformance with 
     section 2 of the Truckee River Water Quality Settlement 
     Agreement, the receipts of which shall be deposited to the 
     Lahontan Valley and Pyramid Lake Fish and Wildlife Fund, and 
     be available for the purposes of section 2 of such agreement, 
     without regard to the limitation on the distribution of 
     benefits in the second sentence of paragraph 206(f)(2) of 
     Public Law 101-618.


                 indian guaranteed loan program account

       For the cost of guaranteed loans, $4,501,000, as authorized 
     by the Indian Financing Act of 1974, as amended: Provided, 
     That such costs, including the cost of modifying such loans, 
     shall be as defined in section 502 of the Congressional 
     Budget Act of 1974: Provided further, That these funds are 
     available to subsidize total loan principal, any part of 
     which is to be guaranteed, not to exceed $59,681,698.
       In addition, for administrative expenses to carry out the 
     guaranteed loan programs, $500,000.


                    indian land consolidation pilot

       For implementation of a pilot program for consolidation of 
     fractional interests in Indian lands by direct expenditure or 
     cooperative agreement, $5,000,000 to remain available until 
     expended, of which not to exceed $250,000 shall be available 
     for administrative expenses: Provided, That the Secretary may 
     enter into a cooperative agreement, which shall not be 
     subject to Public Law 93-638, as amended, with a tribe having 
     jurisdiction over the pilot reservation to implement the 
     program to acquire fractional interests on behalf of such 
     tribe: Provided further, That the Secretary may develop a 
     reservation-wide system for establishing the fair market 
     value of various types of lands and improvements to govern 
     the amounts offered for acquisition of fractional interests: 
     Provided further, That acquisitions shall be limited to one 
     or more pilot reservations as determined by the Secretary: 
     Provided further, That funds shall be available for 
     acquisition of fractional interests in trust or restricted 
     lands with the consent of its owners and at fair market 
     value, and the Secretary shall hold in trust for such tribe 
     all interests acquired pursuant to this pilot program: 
     Provided further, That all proceeds from any lease, resource 
     sale contract, right-of-way or other transaction derived from 
     the fractional interest shall be credited to this 
     appropriation, and remain available until expended, until the 
     purchase price paid by the Secretary under this appropriation 
     has been recovered from such proceeds: Provided further, That 
     once the purchase price has been recovered, all subsequent 
     proceeds shall be managed by the Secretary for the benefit of 
     the applicable tribe or paid directly to the tribe.


                       administrative provisions

       The Bureau of Indian Affairs may carry out the operation of 
     Indian programs by direct expenditure, contracts, cooperative 
     agreements, compacts and grants, either directly or in 
     cooperation with States and other organizations.
       Appropriations for the Bureau of Indian Affairs (except the 
     revolving fund for loans, the Indian loan guarantee and 
     insurance fund, and the Indian Guaranteed Loan Program 
     account) shall be available for expenses of exhibits, and 
     purchase of not to exceed 229 passenger motor vehicles, of 
     which not to exceed 187 shall be for replacement only.
       Notwithstanding any other provision of law, no funds 
     available to the Bureau of Indian Affairs for central office 
     operations or pooled overhead general administration (except 
     facilities operations and maintenance) shall be available for 
     tribal contracts, grants, compacts, or cooperative agreements 
     with the Bureau of Indian Affairs under the provisions of the 
     Indian Self-Determination Act or the Tribal Self-Governance 
     Act of 1994 (Public Law 103-413).
       Notwithstanding any other provision of law, no funds 
     available to the Bureau, other than the amounts provided 
     herein for assistance to public schools under 25 U.S.C. 452 
     et seq., shall be available to support the operation of any 
     elementary or secondary school in the State of Alaska.
       Appropriations made available in this or any other Act for 
     schools funded by the Bureau shall be available only to the 
     schools in the Bureau school system as of September 1, 1996. 
     No funds available to the Bureau shall be used to support 
     expanded grades for any school or dormitory beyond the grade 
     structure in place or approved by the Secretary of the 
     Interior at each school in the Bureau school system as of 
     October 1, 1995.

                          Departmental Offices

                            Insular Affairs


                       ASSISTANCE TO TERRITORIES

       For expenses necessary for assistance to territories under 
     the jurisdiction of the Department of the Interior, 
     $66,175,000, of which: (1) $62,326,000 shall be available 
     until expended for technical assistance, including 
     maintenance assistance, disaster assistance, insular 
     management controls, and brown tree snake control and 
     research; grants to the judiciary in American Samoa for 
     compensation and expenses, as authorized by law (48 U.S.C. 
     1661(c)); grants to the Government of American Samoa, in 
     addition to current local revenues, for construction and 
     support of governmental functions; grants to the 
     Government of the Virgin Islands as authorized by law; 
     grants to the Government of Guam, as

[[Page H11111]]

     authorized by law; and grants to the Government of the 
     Northern Mariana Islands as authorized by law (Public Law 
     94-241; 90 Stat. 272); and (2) $3,849,000 shall be 
     available for salaries and expenses of the Office of 
     Insular Affairs: Provided, That all financial transactions 
     of the territorial and local governments herein provided 
     for, including such transactions of all agencies or 
     instrumentalities established or used by such governments, 
     may be audited by the General Accounting Office, at its 
     discretion, in accordance with chapter 35 of title 31, 
     United States Code: Provided further, That Northern 
     Mariana Islands Covenant grant funding shall be provided 
     according to those terms of the Agreement of the Special 
     Representatives on Future United States Financial 
     Assistance for the Northern Mariana Islands approved by 
     Public Law 99-396, or any subsequent legislation related 
     to Commonwealth of the Northern Mariana Islands grant 
     funding: Provided further, That of the Covenant grant 
     funding for the Government of the Northern Mariana Islands 
     $5,000,000 shall be used for the construction of prison 
     facilities and $500,000 shall be used for construction and 
     equipping of a crime laboratory unless the Secretary 
     determines that acceptable alternative financing for these 
     projects is already in place: Provided further, That of 
     the amounts provided for technical assistance, sufficient 
     funding shall be made available for a grant to the Close 
     Up Foundation: Provided further, That the funds for the 
     program of operations and maintenance improvement are 
     appropriated to institutionalize routine operations and 
     maintenance improvement of capital infrastructure in 
     American Samoa, Guam, the Virgin Islands, the Commonwealth 
     of the Northern Mariana Islands, the Republic of Palau, 
     the Republic of the Marshall Islands, and the Federated 
     States of Micronesia through assessments of long-range 
     operations maintenance needs, improved capability of local 
     operations and maintenance institutions and agencies 
     (including management and vocational education training), 
     and project-specific maintenance (with territorial 
     participation and cost sharing to be determined by the 
     Secretary based on the individual territory's commitment 
     to timely maintenance of its capital assets): Provided 
     further, That any appropriation for disaster assistance 
     under this heading in this Act or previous appropriations 
     Acts may be used as non-Federal matching funds for the 
     purpose of hazard mitigation grants provided pursuant to 
     section 404 of the Robert T. Stafford Disaster Relief and 
     Emergency Assistance Act (42 U.S.C. 5170c).


                      compact of free association

       For economic assistance and necessary expenses for the 
     Federated States of Micronesia and the Republic of the 
     Marshall Islands as provided for in sections 122, 221, 223, 
     232, and 233 of the Compact of Free Association, and for 
     economic assistance and necessary expenses for the Republic 
     of Palau as provided for in sections 122, 221, 223, 232, and 
     233 of the Compact of Free Association, $20,930,000, to 
     remain available until expended, as authorized by Public Law 
     99-239 and Public Law 99-658.

                        Departmental Management


                         salaries and expenses

       For necessary expenses for management of the Department of 
     the Interior, $64,686,000, of which not to exceed $8,500 may 
     be for official reception and representation expenses, of 
     which not to exceed $5,000,000 shall be available for 
     payments pursuant to section 123 of this Act and up to 
     $1,000,000 shall be available for workers compensation 
     payments and unemployment compensation payments associated 
     with the orderly closure of the United States Bureau of 
     Mines.

                        Office of the Solicitor


                         salaries and expenses

       For necessary expenses of the Office of the Solicitor, 
     $36,784,000.

                      Office of Inspector General


                         salaries and expenses

       For necessary expenses of the Office of Inspector General, 
     $25,486,000.

             Office of Special Trustee for American Indians


                         federal trust programs

       For operation of trust programs for Indians by direct 
     expenditure, contracts, cooperative agreements, compacts, and 
     grants, $39,499,000, to remain available until expended: 
     Provided, That funds for trust management improvements may be 
     transferred to the Bureau of Indian Affairs: Provided 
     further, That funds made available to Tribes and Tribal 
     organizations through contracts or grants obligated during 
     fiscal year 1999, as authorized by the Indian Self-
     Determination Act of 1975 (25 U.S.C. 450 et seq.), shall 
     remain available until expended by the contractor or grantee: 
     Provided further, That notwithstanding any other provision of 
     law, the statute of limitations shall not commence to run on 
     any claim, including any claim in litigation pending on the 
     date of the enactment of this Act, concerning losses to or 
     mismanagement of trust funds, until the affected tribe or 
     individual Indian has been furnished with an accounting of 
     such funds from which the beneficiary can determine whether 
     there has been a loss: Provided further, That notwithstanding 
     any other provision of law, the Secretary shall not be 
     required to provide a quarterly statement of performance for 
     any Indian trust account that has not had activity for at 
     least eighteen months and has a balance of $1.00 or less: 
     Provided further, That the Secretary shall issue an annual 
     account statement and maintain a record of any such accounts 
     and shall permit the balance in each such account to be 
     withdrawn upon the express written request of the 
     accountholder.

           Natural Resource Damage Assessment and Restoration


                natural resource damage assessment fund

       To conduct natural resource damage assessment activities by 
     the Department of the Interior necessary to carry out the 
     provisions of the Comprehensive Environmental Response, 
     Compensation, and Liability Act, as amended (42 U.S.C. 9601 
     et seq.), Federal Water Pollution Control Act, as amended (33 
     U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (Public 
     Law 101-380), and Public Law 101-337; $4,492,000, to remain 
     available until expended: Provided, That unobligated and 
     unexpended balances in the United States Fish and Wildlife 
     Service, Natural Resource Damage Assessment Fund account at 
     the end of fiscal year 1998 shall be transferred to and made 
     a part of the Departmental Offices, Natural Resource Damage 
     Assessment and Restoration, Natural Resource Damage 
     Assessment Fund account and shall remain available until 
     expended.


            management of federal lands for subsistence uses

           subsistence management, department of the interior

       For necessary expenses of bureaus and offices of the 
     Department of the Interior to manage federal lands in Alaska 
     for subsistence uses under the provisions of Title VIII of 
     the Alaska National Interest Lands Conservation Act (Public 
     Law 96-487 et seq.) except in areas described in section 
     339(a)(1) (A) and (B) of this Act, $8,000,000 to become 
     available on September 30, 1999, and remain available until 
     expended: Provided, That if prior to October 1, 1999, the 
     Secretary of the Interior determines that the Alaska State 
     Legislature has approved a bill or resolution to amend the 
     Constitution of the State of Alaska that, if approved by the 
     electorate, would enable the implementation of state laws of 
     general applicability which are consistent with, and which 
     provide for the definition, preference and participation 
     specified in sections 803, 804, and 805 of the Alaska 
     National Interest Lands Conservation Act, the Secretary of 
     the Interior shall make an $8,000,000 grant to the State of 
     Alaska for the purpose of assisting that State in fulfilling 
     its responsibilities under sections 803, 804, and 805 of that 
     Act: Provided further, That if, on June 1, 1999, the 
     Secretary is unable to make a determination that the Alaska 
     State Legislature has approved a bill or resolution to amend 
     the Constitution of the State of Alaska that, if approved by 
     the electorate, would enable the implementation of state laws 
     of general applicability which are consistent with and which 
     provide for the definition, preference and participation 
     specified in sections 803, 804, and 805 of the Alaska 
     National Interest Lands Conservation Act, $1,000,000 of these 
     funds shall become available on June 1, 1999, and shall 
     remain available until expended (with expended amounts to be 
     subtracted from the amount that could be granted to the 
     State), for the Secretary to conduct data gathering and 
     research on subsistence uses, and formulate plans for 
     operational aspects and in-season management, but not to 
     implement and enforce subsistence use management beyond those 
     public lands which as of October 1, 1998, were subject to 
     federal management for subsistence uses pursuant to Title 
     VIII of the Alaska National Interest Lands Conservation Act.

                       Administrative Provisions

       There is hereby authorized for acquisition from available 
     resources within the Working Capital Fund, 15 aircraft, 10 of 
     which shall be for replacement and which may be obtained by 
     donation, purchase or through available excess surplus 
     property: Provided, That notwithstanding any other provision 
     of law, existing aircraft being replaced may be sold, with 
     proceeds derived or trade-in value used to offset the 
     purchase price for the replacement aircraft: Provided 
     further, That no programs funded with appropriated funds in 
     the ``Departmental Management'', ``Office of the Solicitor'', 
     and ``Office of Inspector General'' may be augmented through 
     the Working Capital Fund or the Consolidated Working Fund.

             General Provisions, Department of the Interior

       Sec. 101. Appropriations made in this title shall be 
     available for expenditure or transfer (within each bureau or 
     office), with the approval of the Secretary, for the 
     emergency reconstruction, replacement, or repair of aircraft, 
     buildings, utilities, or other facilities or equipment 
     damaged or destroyed by fire, flood, storm, or other 
     unavoidable causes: Provided, That no funds shall be made 
     available under this authority until funds specifically 
     made available to the Department of the Interior for 
     emergencies shall have been exhausted: Provided further, 
     That all funds used pursuant to this section are hereby 
     designated by Congress to be ``emergency requirements'' 
     pursuant to section 251(b)(2)(A) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, and must be 
     replenished by a supplemental appropriation which must be 
     requested as promptly as possible.
       Sec. 102. The Secretary may authorize the expenditure or 
     transfer of any no year appropriation in this title, in 
     addition to the amounts included in the budget programs of 
     the several agencies, for the suppression or emergency 
     prevention of forest or range fires on or threatening lands 
     under the jurisdiction of the Department of the Interior; for 
     the emergency rehabilitation of burned-over lands under its 
     jurisdiction; for emergency actions related to potential or 
     actual earthquakes, floods, volcanoes, storms, or other 
     unavoidable causes; for contingency planning subsequent to 
     actual oil spills; for response and natural resource damage 
     assessment activities related to actual oil spills; for the 
     prevention, suppression, and control of actual or potential 
     grasshopper and Mormon cricket outbreaks on lands under the 
     jurisdiction of the Secretary, pursuant to the authority in 
     section 1773(b) of Public Law 99-198 (99 Stat. 1658); for 
     emergency

[[Page H11112]]

     reclamation projects under section 410 of Public Law 95-87; 
     and shall transfer, from any no year funds available to the 
     Office of Surface Mining Reclamation and Enforcement, such 
     funds as may be necessary to permit assumption of regulatory 
     authority in the event a primacy State is not carrying out 
     the regulatory provisions of the Surface Mining Act: 
     Provided, That appropriations made in this title for fire 
     suppression purposes shall be available for the payment of 
     obligations incurred during the preceding fiscal year, and 
     for reimbursement to other Federal agencies for destruction 
     of vehicles, aircraft, or other equipment in connection with 
     their use for fire suppression purposes, such reimbursement 
     to be credited to appropriations currently available at the 
     time of receipt thereof: Provided further, That for emergency 
     rehabilitation and wildfire suppression activities, no funds 
     shall be made available under this authority until funds 
     appropriated to ``Wildland Fire Management'' shall have been 
     exhausted: Provided further, That all funds used pursuant to 
     this section are hereby designated by Congress to be 
     ``emergency requirements'' pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, and must be replenished by a supplemental appropriation 
     which must be requested as promptly as possible: Provided 
     further, That such replenishment funds shall be used to 
     reimburse, on a pro rata basis, accounts from which emergency 
     funds were transferred.
       Sec. 103. Appropriations made in this title shall be 
     available for operation of warehouses, garages, shops, and 
     similar facilities, wherever consolidation of activities will 
     contribute to efficiency or economy, and said appropriations 
     shall be reimbursed for services rendered to any other 
     activity in the same manner as authorized by sections 1535 
     and 1536 of title 31, United States Code: Provided, That 
     reimbursements for costs and supplies, materials, equipment, 
     and for services rendered may be credited to the 
     appropriation current at the time such reimbursements are 
     received.
       Sec. 104. Appropriations made to the Department of the 
     Interior in this title shall be available for services as 
     authorized by 5 U.S.C. 3109, when authorized by the 
     Secretary, in total amount not to exceed $500,000; hire, 
     maintenance, and operation of aircraft; hire of passenger 
     motor vehicles; purchase of reprints; payment for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and the payment 
     of dues, when authorized by the Secretary, for library 
     membership in societies or associations which issue 
     publications to members only or at a price to members 
     lower than to subscribers who are not members.
       Sec. 105. Appropriations available to the Department of the 
     Interior for salaries and expenses shall be available for 
     uniforms or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902 and D.C. Code 4-204).
       Sec. 106. Appropriations made in this title shall be 
     available for obligation in connection with contracts issued 
     for services or rentals for periods not in excess of twelve 
     months beginning at any time during the fiscal year.
       Sec. 107. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     leasing and related activities placed under restriction in 
     the President's moratorium statement of June 26, 1990, in the 
     areas of northern, central, and southern California; the 
     North Atlantic; Washington and Oregon; and the eastern Gulf 
     of Mexico south of 26 degrees north latitude and east of 86 
     degrees west longitude.
       Sec. 108. No funds provided in this title may be expended 
     by the Department of the Interior for the conduct of offshore 
     oil and natural gas preleasing, leasing, and related 
     activities, on lands within the North Aleutian Basin planning 
     area.
       Sec. 109. No funds provided in this title may be expended 
     by the Department of the Interior to conduct offshore oil and 
     natural gas preleasing, leasing and related activities in the 
     eastern Gulf of Mexico planning area for any lands located 
     outside Sale 181, as identified in the final Outer 
     Continental Shelf 5-Year Oil and Gas Leasing Program, 1997-
     2002.
       Sec. 110. No funds provided in this title may be expended 
     by the Department of the Interior to conduct oil and natural 
     gas preleasing, leasing and related activities in the Mid-
     Atlantic and South Atlantic planning areas.
       Sec. 111. Advance payments made under this title to Indian 
     tribes, tribal organizations, and tribal consortia pursuant 
     to the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) or the Tribally Controlled Schools 
     Act of 1988 (25 U.S.C. 2501 et seq.) may be invested by the 
     Indian tribe, tribal organization, or consortium before such 
     funds are expended for the purposes of the grant, compact, or 
     annual funding agreement so long as such funds are--
       (1) invested by the Indian tribe, tribal organization, or 
     consortium only in obligations of the United States, or in 
     obligations or securities that are guaranteed or insured by 
     the United States, or mutual (or other) funds registered with 
     the Securities and Exchange Commission and which only invest 
     in obligations of the United States or securities that are 
     guaranteed or insured by the United States; or
       (2) deposited only into accounts that are insured by an 
     agency or instrumentality of the United States, or are fully 
     collateralized to ensure protection of the Funds, even in the 
     event of a bank failure.
       Sec. 112. (a) Employees of Helium Operations, Bureau of 
     Land Management, entitled to severance pay under 5 U.S.C. 
     5595, may apply for, and the Secretary of the Interior may 
     pay, the total amount of the severance pay to the employee in 
     a lump sum. Employees paid severance pay in a lump sum and 
     subsequently reemployed by the Federal Government shall be 
     subject to the repayment provisions of 5 U.S.C. 5595(i)(2) 
     and (3), except that any repayment shall be made to the 
     Helium Fund.
       (b) Helium Operations employees who elect to continue 
     health benefits after separation shall be liable for not more 
     than the required employee contribution under 5 U.S.C. 
     8905a(d)(1)(A). The Helium Fund shall pay for 18 months the 
     remaining portion of required contributions.
       (c) The Secretary of the Interior may provide for training 
     to assist Helium Operations employees in the transition to 
     other Federal or private sector jobs during the facility 
     shut-down and disposition process and for up to 12 months 
     following separation from Federal employment, including 
     retraining and relocation incentives on the same terms and 
     conditions as authorized for employees of the Department 
     of Defense in section 348 of the National Defense 
     Authorization Act for Fiscal Year 1995.
       (d) For purposes of the annual leave restoration provisions 
     of 5 U.S.C. 6304(d)(1)(B), the cessation of helium production 
     and sales, and other related Helium Program activities shall 
     be deemed to create an exigency of public business under, and 
     annual leave that is lost during leave years 1997 through 
     2001 because of, 5 U.S.C. 6304 (regardless of whether such 
     leave was scheduled in advance) shall be restored to the 
     employee and shall be credited and available in accordance 
     with 5 U.S.C. 6304(d)(2). Annual leave so restored and 
     remaining unused upon the transfer of a Helium Program 
     employee to a position of the executive branch outside of the 
     Helium Program shall be liquidated by payment to the employee 
     of a lump sum from the Helium Fund for such leave.
       (e) Benefits under this section shall be paid from the 
     Helium Fund in accordance with section 4(c)(4) of the Helium 
     Privatization Act of 1996. Funds may be made available to 
     Helium Program employees who are or will be separated before 
     October 1, 2002 because of the cessation of helium production 
     and sales and other related activities. Retraining benefits, 
     including retraining and relocation incentives, may be paid 
     for retraining commencing on or before September 30, 2002.
       Sec. 113. In fiscal year 1999 and thereafter, the Secretary 
     may accept donations and bequests of money, services, or 
     other personal property for the management and enhancement of 
     the Department's Natural Resources Library. The Secretary may 
     hold, use, and administer such donations until expended and 
     without further appropriation.
       Sec. 114. Notwithstanding any other provision of law, 
     including but not limited to the Indian Self-Determination 
     Act of 1975, as amended, funds available under this title for 
     Indian self-determination or self-governance contract or 
     grant support costs may be expended only for costs directly 
     attributable to contracts, grants and compacts pursuant to 
     the Indian Self-Determination Act and no funds appropriated 
     in this title shall be available for any contract support 
     costs or indirect costs associated with any contract, grant, 
     cooperative agreement, self-governance compact or funding 
     agreement entered into between an Indian tribe or tribal 
     organization and any entity other than an agency of the 
     Department of the Interior.
       Sec. 115. Notwithstanding any other provisions of law, the 
     National Park Service shall not develop or implement a 
     reduced entrance fee program to accommodate non-local travel 
     through a unit. The Secretary may provide for and regulate 
     local non-recreational passage through units of the National 
     Park System, allowing each unit to develop guidelines and 
     permits for such activity appropriate to that unit.
       Sec. 116. (a) Denver Service Center, Presidio, and Golden 
     Gate National Recreation Area employees who voluntarily 
     resign or retire from the National Park Service on or before 
     December 31, 1998, shall receive, from the National Park 
     Service, a lump sum voluntary separation incentive payment 
     that shall be equal to the lesser of an amount equal to the 
     amount the employee would be entitled to receive under 
     section 5595(c) of title 5, United States Code, if the 
     employee were entitled to payment under such section; or 
     $25,000.
       (1) The voluntary separation incentive payment--
       (A) shall not be a basis for payment, and shall not be 
     included in the computation of any other type of Government 
     benefit; and
       (B) shall be paid from appropriations or funds available 
     for the payment of the basic pay of the employee.
       (2) Employees receiving a voluntary separation incentive 
     payment and accepting employment with the Federal Government 
     within five years of the date of separation shall be required 
     to repay the entire amount of the incentive payment to the 
     National Park Service.
       (3) The Secretary may, at the request of the head of an 
     Executive branch agency, waive the repayment under paragraph 
     (2) if the individual involved possesses unique abilities and 
     is the only qualified applicant available for the position.
       (4) In addition to any other payment which it is required 
     to make under Subchapter III of chapter 83 of title 5, United 
     States Code, the National Park Service shall remit to the 
     Office of Personnel Management for deposit in the Treasury of 
     the United States to the credit of the Civil Service 
     Retirement and Disability Fund an amount equal to 15 percent 
     of the final basic pay of each employee of the National Park 
     Service--
       (A) who retires under section 8336(d)(2) of Title 5, United 
     States Code; and,
       (B) to whom a voluntary separation incentive payment has 
     been or is to be paid under the provisions of this section.
       (b) Employees of Denver Service Center, Presidio, and 
     Golden Gate National Recreation Area entitled to severance 
     pay under 5 U.S.C.

[[Page H11113]]

     5595, may apply for, and the National Park Service may pay, 
     the total amount of severance pay to the employee in a lump 
     sum. Employees paid severance pay in a lump sum and 
     subsequently reemployed by the Federal Government shall be 
     subject to the repayment provisions of 5 U.S.C. 5595(i)(2) 
     and (3), except that any repayment shall be made to the 
     National Park Service.
       (c) Employees of the Denver Service Center Presidio, and 
     Golden Gate National Recreation Area who voluntarily resign 
     on or before December 31, 1998, or who are separated in a 
     reduction in force, shall be liable for not more than the 
     required employee contribution under 5 U.S.C. 8905a(d)(1)(A) 
     if they elect to continue health benefits after separation. 
     The National Park Service shall pay for 12 months the 
     remaining portion of required contributions.
       Sec. 117. Notwithstanding any other provision of law, the 
     Secretary is authorized to permit persons, firms or 
     organizations engaged in commercial, cultural, educational, 
     or recreational activities (as defined in section 612a of 
     title 40, United States Code) not currently occupying such 
     space to use courtyards, auditoriums, meeting rooms, and 
     other space of the main and south Interior building complex, 
     Washington, D.C., the maintenance, operation, and protection 
     of which has been delegated to the Secretary from the 
     Administrator of General Services pursuant to the Federal 
     Property and Administrative Services Act of 1949, and to 
     assess reasonable charges therefore, subject to such 
     procedures as the Secretary deems appropriate for such uses. 
     Charges may be for the space, utilities, maintenance, repair, 
     and other services. Charges for such space and services may 
     be at rates equivalent to the prevailing commercial rate for 
     comparable space and services devoted to a similar purpose in 
     the vicinity of the main and south Interior building complex, 
     Washington, D.C. for which charges are being assessed. The 
     Secretary may without further appropriation hold, administer, 
     and use such proceeds within the Departmental Management 
     Working Capital Fund to offset the operation of the buildings 
     under his jurisdiction, whether delegated or otherwise, and 
     for related purposes, until expended.
       Sec. 118. The 37 mile River Valley Trail from the town of 
     Delaware Gap to the edge of the town of Milford, Pennsylvania 
     located within the Delaware Water Gap National Recreation 
     Area shall hereafter be referred to in any law, regulation, 
     document, or record of the United States as the Joseph M. 
     McDade Recreational Trail.
       Sec. 119. (a) In this section--
       (1) the term ``Huron Cemetery'' means the lands that form 
     the cemetery that is popularly known as the Huron Cemetery, 
     located in Kansas City, Kansas, as described in subsection 
     (b)(3); and
       (2) the term ``Secretary'' means the Secretary of the 
     Interior.
       (b)(1) The Secretary shall take such action as may be 
     necessary to ensure that the lands comprising the Huron 
     Cemetery (as described in paragraph (3)) are used only in 
     accordance with this subsection.
       (2) The lands of the Huron Cemetery shall be used only--
       (A) for religious and cultural uses that are compatible 
     with the use of the lands as a cemetery; and
       (B) as a burial ground.
       (3) The description of the lands of the Huron Cemetery is 
     as follows:
       The tract of land in the NW quarter of sec. 10, T. 11 S., 
     R. 25 E., of the sixth principal meridian, in Wyandotte 
     County, Kansas (as surveyed and marked on the ground on 
     August 15, 1888, by William Millor, Civil Engineer and 
     Surveyor), described as follows:
       ``Commencing on the Northwest corner of the Northwest 
     Quarter of the Northwest Quarter of said Section 10;
       ``Thence South 28 poles to the `true point of beginning';
       ``Thence South 71 degrees East 10 poles and 18 links;
       ``Thence South 18 degrees and 30 minutes West 28 poles;
       ``Thence West 11 and one-half poles;
       ``Thence North 19 degrees 15 minutes East 31 poles and 15 
     feet to the `true point of beginning', containing 2 acres or 
     more.''.
       Sec. 120. (a) Study.--The Secretary shall enter into an 
     agreement with and provide funding, to the National Academy 
     of Sciences (NAS), the Board on Earth Sciences and Resources, 
     (Board), to conduct a detailed, comprehensive study of the 
     environmental and reclamation requirements relating to mining 
     of locatable minerals on federal lands and the adequacy of 
     those requirements to prevent unnecessary or undue 
     degradation of federal lands in each state in which such 
     mining occurs.
       (1) Contents.--The study shall identify and consider--
       (A) the operating, reclamation and permitting requirements 
     for locatable minerals mining and exploration operations on 
     federal lands by federal and state air, water, solid waste, 
     reclamation and other environmental statutes, including 
     surface management regulations promulgated by federal land 
     management agencies and state primacy programs under 
     applicable federal statutes and state laws and the time 
     requirements applicable to project environmental review and 
     permitting;
       (B) the adequacy of federal and state environmental, 
     reclamation and permitting statutes and regulations 
     applicable in any state or states where mining or exploration 
     of locatable minerals on federal lands is occurring, to 
     prevent unnecessary or undue degradation; and
       (C) recommendations and conclusions regarding how federal 
     and state environmental, reclamation and permitting 
     requirements and programs can be coordinated to ensure 
     environmental protection, increase efficiency, avoid 
     duplication and delay, and identify the most cost-effective 
     manner for implementation.
       (b) Report.--
       No later than July 31, 1999, the Board shall submit a 
     report addressing areas described under (a)(1) to the 
     appropriate federal agencies, the Congress and the Governors 
     of affected states.
       (c) Funds.--From the funds collected for mining law 
     administration, the Secretary shall provide to the NAS such 
     funds as it requests, not to exceed $800,000, for the purpose 
     of conducting this analysis.
       (d) Surface Management Regulations.--The Secretary of the 
     Interior shall not promulgate any final regulations to change 
     the Bureau of Land Management regulations found at 43 CFR 
     Part 3809 prior to September 30, 1999.
       Sec. 121. Overhead charges levied by the Fish and Wildlife 
     Service on any and all funds transferred from the Bureau of 
     Reclamation for the Recovery Implementation Program for 
     Endangered Fish Species in the Upper Colorado River Basin and 
     for the Recovery Implementation Program for Endangered Fish 
     Species in the San Juan River Basin shall be limited to no 
     more than 50 percent of the biennially determined full 
     indirect cost recovery rate.
       Sec. 122. (a) ANCSA Determination.--
       (1) Within 180 days following the enactment of this Act, 
     the Bureau of Land Management shall conduct a determination 
     under section 3(e) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1601 et seq.) of the property described as Lot 1, 
     Block 12; the north 50 feet of Lots 43 and 44, Block 12; Lots 
     50, 51 and 52, Block 12; Lots 28 and 29, Block 33; and a 
     strip of land 25 feet in length running east and west by 24 
     feet in width running north and south in the southwest corner 
     of Lot 15, Block 33, all within the Nome Townsite, Records of 
     the Cape Nome Recording District, Second Judicial District, 
     State of Alaska.
       (2) The ANCSA section 3(e) determination will determine if 
     the lands must be conveyed to the Sitnasuak Native 
     Corporation (the village corporation for Nome).
       (3) If and only if the Bureau of Land Management's ANCSA 
     section 3(e) determination concludes that the Sitnasuak 
     Native Corporation is not entitled to the lands, and 
     following the settlement of any and all claims filed 
     appealing the decision, the Secretary shall carry out 
     subsection (b) of this section, and the provisions of 
     subsection (c) shall take effect.
       (b) Conveyance.--The Secretary shall convey to Kawerak, 
     Inc., a non-profit tribal organization in Nome, Alaska, 
     without consideration, all right, title, and interest of the 
     United States, subject to all valid existing rights and to 
     the rights-of-way described in subsection (c), in the 
     property described as Lot 1, Block 12; the north 50 feet of 
     Lots 43 and 44, Block 12; Lots 50, 51 and 52, Block 12; Lots 
     28 and 29, Block 33; and a strip of land 25 feet in length 
     running east and west by 24 feet in width running north and 
     south in the southwest corner of Lot 15, Block 33, all within 
     the Nome Townsite, Records of the Cape Nome Recording 
     District, Second Judicial District, State of Alaska.
       (c) Rights-of-Way.--The property conveyed under subsection 
     (b) shall be subject to--
       (1) title of the State of Alaska, Department of Highways, 
     as to the south three feet of Lots 50, 51, and 52 of Block 
     12; and
       (2) rights of the public or of any governmental agencies in 
     and to any portion of the property lying within any roads, 
     streets, or highways.
       Sec. 123. Commerical Fishing in Glacier Bay National Park. 
     (a) General.--
       (1) The Secretary of the Interior and the State of Alaska 
     shall cooperate in the development of a management plan for 
     the regulation of commercial fisheries in Glacier Bay 
     National Park pursuant to existing State and Federal statutes 
     and any applicable international conservation and management 
     treaties. Such management plan shall provide for commercial 
     fishing in the marine waters within Glacier Bay National Park 
     outside of Glacier Bay Proper, and in the marine waters 
     within Glacier Bay Proper as specified in paragraphs (a)(2) 
     through (a)(5), and shall provide for the protection of park 
     values and purposes for the prohibition, of any new or 
     expanded fisheries, and for the opportunity for the study of 
     marine resources.
       (2) In the nonwilderness waters within Glacier Bay Proper, 
     commercial fishing shall be limited, by means of non-
     transferable lifetime access permits, solely to individuals 
     who--
       (A) hold a valid commercial fishing permit for a fishery in 
     a geographic area that includes the nonwilderness waters 
     within Glacier Bay Proper;
       (B) provides a sworn and notarized affidavit and other 
     available corroborating documentation to the Secretary of the 
     Interior sufficient to establish that such individual engaged 
     in commercial fishing for halibut, tanner crab, or salmon in 
     Glacier Bay Proper during qualifying years which shall be 
     established by the Secretary of the Interior within one year 
     of the date of the enactment of this Act; and
       (C) fish only with--
       (i) longline gear for halibut;
       (ii) pots or ring nets for tanner crab; or
       (iii) trolling gear for salmon.
       (3) With respect to the individuals engaging in commercial 
     fishing for Glacier Bay Proper pursuant to paragraph (2), no 
     fishing shall be allowed in the West Arm of Glacier Bay 
     Proper (West Arm) north of 58 degrees, 50 minutes north 
     latitude except for trolling for king salmon during the 
     period from October 1 through April 30. The water of Johns 
     Hopkins Inlet, Tarr Inlet and Reid Inlet shall remain closed 
     to all commercial fishing.
       (4) With respect to the individuals engaging in commercial 
     fishing in Glacier Bay Proper pursuant to paragraph (2), no 
     fishing shall be allowed in the East Arm of Glacier Bay 
     Proper (East

[[Page H11114]]

     Arm) North of a line drawn from Point Caroline, through the 
     southern end of Garforth Island to the east side of Muir 
     Inlet, except that trolling for king salmon during the period 
     from October 1 through April 30 shall be allowed south of a 
     line drawn across Muir Inlet at the southernmost point of 
     Adams Inlet.
       (5) With respect to the individuals engaging in commercial 
     fishing in Glacier Bay Proper pursuant to paragraph (2), no 
     fishing shall be allowed in Geikie Inlet.
       (b) The Beardslee Islands and Upper Dundas Bay.--Commerical 
     fishing is prohibited in the designated wilderness waters 
     within Glacier Bay National Park in Preserve, including the 
     waters of the Beardslee Islands and Upper Dundas Bay. Any 
     individual who--
       (1) on or before February 1, 1999, provides a sworn and 
     notarized affidavit and other available corroborating 
     documentation to the Secretary of the Interior sufficient to 
     establish that he or she has engaged in commercial fishing 
     for Dungeness crab in the designated wilderness waters of the 
     Beardslee Islands or Dundas Bay within Glacier Bay National 
     Park pursuant to valid commercial fishing permit in at least 
     six of the years during the period 1987 through 1996;
       (2) at the time of receiving compensation based on the 
     Secretary of the Interior's determination as described 
     below--
       (A) agrees in writing not to engaged in commercial fishing 
     for Dungeness crab within Glacier Bay Proper;
       (B) relinquishes to the State of Alaska for the purposes of 
     its retirement any commercial fishing permit for Dungness 
     crab for areas within Glacier Bay Proper;
       (C) at the individual's option, relinquishes to the United 
     States the Dungeness crab pots covered by the commercial 
     fishing permit; and
       (D) at the individual's option, relinquished to the United 
     States the fishing vessel used for Dungeness crab fishing in 
     Glacier Bay Proper; and
       (3) hold a current valid commercial fishing permit that 
     allows such individual to engage in commercial fishing for 
     Dungeness crab in Glacier Bay National Park, shall be 
     eligible to receive from the United States compensation that 
     is the greater of (i) $400,000, or (ii) an amount equal to 
     the fair market value (as of the date of relinquishment) of 
     the commercial fishing permit for Dungeness crab, of any 
     Dungeness crab pots or other Dungeness crab gear, and of 
     not more than on Dungeness crab fishing vessel, together 
     with an amount equal to the present value of the foregone 
     net income from commercial fishing for Dungeness crab for 
     the period January 1, 1999, through December 31, 2004, 
     based on the individual's net earnings from the Dungeness 
     crab fishery during the period January 1, 1991, through 
     December 31, 1996. Any individual seeking such 
     compensation shall provide the consent necessary for the 
     Secretary of the Interior to verify such net earnings in 
     the fishery. The Secretary of the Interior's determination 
     of the amount to be paid shall be completed and payment 
     shall be made within six months from the date of the 
     application by the individuals described in this 
     subsection and shall constitute final agency action 
     subject to review pursuant to the Administrative 
     Procedures Act in the United States District Court for the 
     District of Alaska.
       (c) Definition and Savings Clause.--
       (1) As used in this section, the term ``Glacier Bay 
     Proper'' shall mean the marine waters within Glacier Bay, 
     including coves and inlets, north of a line drawn from Point 
     Custavus to Point Carolus.
       (2) Noting in this section is intended to enlarge or 
     diminish Federal or State title, jurisdiction, or authority 
     with respect to the waters of the State of Alaska, the waters 
     within the boundaries of Glacier Bay National Park, or the 
     tidal or submerged lands under any provision of State or 
     Federal law.
       Sec. 124. Notwithstanding any other provision of law, 
     grazing permits which expire during fiscal year 1999 shall be 
     renewed for the balance of fiscal year 1999 on the same terms 
     and conditions as contained in the expiring permits, or until 
     the Bureau of Land Management completes processing these 
     permits in compliance with all applicable laws, whichever 
     comes first. Upon completion of processing by the Bureau, the 
     terms and conditions of existing grazing permits may be 
     modified, if necessary, and reissued for a term not to exceed 
     ten years. Nothing in this language shall be deemed to affect 
     the Bureau's authority to otherwise modify or terminate 
     grazing permits.
       Sec. 125. Conveyance to the Town of Pahrump, Nevada. (a) 
     Conveyance.--The Secretary of the Interior, acting through 
     the Director of the Bureau of Land Management, shall convey 
     to the town of Pahrump, Nevada, without consideration, 
     subject to the requirements of 43 U.S.C. 869, all right, 
     title, and interest of the land subject to all valid existing 
     rights in the public lands located south and west of Highway 
     160 within Sections 32 and 33, T. 20 S., R. 54 E., Mount 
     Diablo Meridian.
       (b) Use.--The conveyance of the property under subsection 
     (a) shall be subject to reversion to the United States if the 
     property is used for a purpose other than the purpose of a 
     public fairground or a related public purpose.
       Sec. 126. Special Federal Aviation Regulation No. 78, 
     regarding commercial air tour operators in the vicinity of 
     the Rocky Mountain National Park, as published in the Federal 
     Register, on January 8, 1997, shall remain in effect until 
     otherwise provided by an Act of Congress.
       Sec. 127. Notwithstanding any other provision of law, none 
     of the funds provided in this Act or any other Act hereafter 
     enacted may be used by the Secretary of the Interior, except 
     with respect to land exchange costs and costs associated with 
     the preparation of land acquisitions, in the acquisition of 
     State, private, or other non-federal lands (or any interest 
     therein) in the State of Alaska, unless, in the acquisition 
     of any State, private, or other non-federal lands (or 
     interest therein) in the State of Alaska, the Secretary seeks 
     to exchange unreserved public lands before purchasing all or 
     any portion of such lands (or interest therein) in the State 
     of Alaska.
       Sec. 128. Charleston, Arkansas National Commemorative Site. 
     (a) The Congress finds that--
       (1) the 1954 U.S. Supreme Court decision of Brown v. Board 
     of Education, which mandated an end to the segregation of 
     public schools, was one of the most significant Court 
     decisions in the history of the United States;
       (2) the Charleston Public School District in Charleston, 
     Arkansas, in September, 1954, became the first previously-
     segregated public school district in the former Confederacy 
     to integrate following the Brown decision;
       (3) the orderly and peaceful integration of the public 
     schools in Charleston served as a model and inspiration in 
     the development of the Civil Rights movement in the United 
     States, particularly with respect to public education; and
       (4) notwithstanding the important role of the Charleston 
     School District in the successful implementation of 
     integrated public schools, the role of the district has not 
     been adequately commemorated and interpreted for the benefit 
     and understanding of the nation.
       (b) The Charleston Public School complex in Charleston, 
     Arkansas is hereby designated as the ``Charleston National 
     Commemorative Site'' in commemoration of the Charleston 
     schools' role as the first public school district in the 
     South to integrate following the 1954 United States Supreme 
     Court decision, Brown v. Board of Education.
       (c) The Secretary, after consultation with the Charleston 
     Public School District, shall establish an appropriate 
     commemorative monument and interpretive exhibit at the 
     Charleston National Commemorative Site to commemorate the 
     1954 integration of Charleston's public schools.
       Sec. 129. (a) In the event any tribe returns appropriations 
     made available by this Act to the Bureau of  Indian Affairs 
     for distribution to other tribes, this action shall not 
     diminish the Federal Government's trust responsibility to 
     that tribe, or the government-to-government relationship 
     between the United States and that tribe, or that tribe's 
     ability to access future appropriations.
       (b) The Bureau of Indian Affairs (BIA) shall develop 
     alternative methods to fund tribal priority allocations (TPA) 
     base programs in future years. The alternatives shall 
     consider tribal revenues and relative needs of tribes and 
     tribal members. No later than April 1, 1999, the BIA shall 
     submit a report to Congress containing its recommendations 
     and other alternatives. The report shall also identify the 
     methods proposed to be used by BIA to acquire data that is 
     not currently available to BIA and any data gathering 
     mechanisms that may be necessary to encourage tribal 
     compliance. Notwithstanding any other provision of law, for 
     the purposes of developing recommendations, the Bureau of 
     Indian Affairs is hereby authorized access to tribal revenue-
     related data held by any Federal agency, excluding 
     information held by the Internal Revenue Service.
       (c) Except as provided in subsection (d), tribal revenue 
     shall include the sum of tribal net income, however derived, 
     from any business venture owned, held, or operated, in whole 
     or in part, by any tribal entity which is eligible to receive 
     TPA on behalf of the members of any tribe, all amounts 
     distributed as per capita payments which are not otherwise 
     included in net income, and any income from fees, licenses or 
     taxes collected by any tribe.
       (d) The calculation of tribal revenues shall exclude 
     payments made by the Federal Government in settlement of 
     claims or judgments and income derived from lands, natural 
     resources, funds, and assets held in trust by the Secretary 
     of the Interior.
       (e) In developing alternative TPA distribution methods, the 
     Bureau of Indian Affairs will take into account the financial 
     obligations of a tribe, such as budgeted health, education 
     and public works service costs; its compliance, obligations 
     and spending requirements under the Indian Gaming Regulatory 
     Act; its compliance with the Single Audit Act; and its 
     compact with its State.
       Sec. 130. None of the funds in this or any other Act shall 
     be used to issue a notice of final rulemaking with respect to 
     the valuation of crude oil for royalty purposes, including a 
     rulemaking derived from proposed rules published in 63 
     Federal Register 6113 (1998), 62 Federal Register 36030, and 
     62 Federal Register 3742 (1997) until June 1, 1999, or until 
     there is a negotiated agreement on the rule.
       Sec. 131. Up to $8,000,000 of funds available in fiscal 
     years 1998 and 1999 shall be available for grants, not 
     covering more than 33 percent of the total cost of any 
     acquisition to be made with such funds, to States and local 
     communities for purposes of acquiring lands or interests in 
     lands to preserve and protect Civil War battlefield sites 
     identified in the July 1993 Report on the Nation's Civil War 
     Battlefields prepared by the Civil War Sites Advisory 
     Commission. Lands or interests in lands acquired pursuant to 
     this section shall be subject to the requirements of 
     paragraph 6(f)(3) of the Land and Water Conservation Fund Act 
     of 1965 (16 U.S.C. 460l-8(f)(3)).
       Sec. 132. Leasing of Certain Reserved Mineral Interests. 
     (a) Application of Mineral Leasing Act.--Notwithstanding 
     section 4 of Public Law 88-608 (78 Stat. 988), the Federal 
     reserved mineral interests in land conveyed under that Act by 
     United States land patents No. 49-71-0059 and No. 49-71-0065 
     shall be subject to the Act of February 25, 1920 (commonly 
     known as the ``Mineral Leasing Act'') (30 U.S.C. 181 et 
     seq.).
       (b) Entry.--
       (1) In general.--A person that acquires a lease under the 
     Act of February 25, 1920 (30 U.S.C. 181 et seq.) for the 
     interests referred to in subsection (a) may exercise the 
     right of entry

[[Page H11115]]

     that  is reserved to the United States and persons authorized 
     by the United States in the patents conveying the land 
     described in subsection (a) by occupying so much of the 
     surface the land as may be required for purposes 
     reasonably incident to the exploration for, and extraction 
     and removal of, the leased minerals.
       (2) Condition.--A person that exercises a right of entry 
     under paragraph (1), shall, before commencing occupancy--
       (A) secure the written consent or waiver of the patentee; 
     or
       (B) post a bond or other financial guarantee with the 
     Secretary of the Interior in an amount sufficient to ensure--
       (i) the completion of reclamation pursuant to the 
     requirements of the Secretary under the Act of February 25, 
     1920 (30 U.S.C. 181 et seq.); and
       (ii) the payment to the surface owner for--

       (I) any damage to a crop or tangible improvement of the 
     surface owner that results from activity under the mineral 
     lease; and
       (II) any permanent loss of income to the surface owner due 
     to loss or impairment of grazing use or of other uses of the 
     land by the surface owner at the time of commencement of 
     activity under the mineral lease.

       (c) Effective Date.--In the case of the land conveyed by 
     United States patent No. 49-71-0065, this section takes 
     effect January 1, 1997.
       Sec. 133. Notwithstanding any other provision of law, the 
     Tribal Self-Governance Act (25 U.S.C. Sec. 458aa et seq.) is 
     amended at Sec. 458ff(c) by inserting ``450c(d),'' following 
     the word ``sections''.
       Sec. 134. Correction to Coastal Barrier Resources System 
     Map. (a) In General.--Not later than 30 days after the date 
     of enactment of this Act, the Secretary of the Interior shall 
     make such corrections to the map described in subsection (b) 
     as are necessary to restore on that map the September 30, 
     1982, boundary for Unit M09 on the portion of Edisto Island 
     located immediately to the south and west of the Jeremy Cay 
     Causeway.
       (b) Map Described.--The map described in this subsection is 
     the map included in a set of maps entitled ``Coastal Barrier 
     Resources System'', dated October 24, 1990, that relates to 
     the unit of the Coastal Barrier Resources System entitled 
     ``Edisto Complex M09/M09P''.
       Sec. 135. Katmai National Park Land Exchange. (a) 
     Ratification of Agreement.--
       (1) Ratification.--
       (A) In general.--The terms, conditions, procedures, 
     covenants, reservations, and other provisions set forth in 
     the document entitled ``Agreement for the Sale, Purchase and 
     Conveyance of Lands between the Heirs, Designees and/or 
     Assigns of Palakia Melgenak and the United States of 
     America'' (hereinafter referred to in this section as the 
     ``Agreement''), executed by its signatories, including the 
     heirs, designees and/or assigns of Palakia Melgenak 
     (hereinafter referred to in this section as the ``Heirs'') 
     effective on September 1, 1998 are authorized, ratified and 
     confirmed, and set forth the obligations and commitments of 
     the United States and all other signatories, as a matter of 
     Federal law.
       (B) Native allotment.--Notwithstanding any provision of law 
     to the contrary, all lands described in section 2(c) of the 
     Agreement for conveyance to the Heirs shall be  deemed a 
     replacement transaction under ``An Act to relieve 
     restricted Indians in the Five Civilized Tribes whose 
     nontaxable lands are required for State, county or 
     municipal improvements or sold to other persons or for 
     other purposes'' (25 U.S.C. 409a, 46 Stat. 1471), as 
     amended, and the Secretary shall convey such lands by a 
     patent consistent with the terms of the Agreement and 
     subject to the same restraints on alienation and tax-
     exempt status as provided for Native allotments pursuant 
     to ``An Act authorizing the Secretary of the Interior to 
     allot homesteads to the natives of Alaska'' (34 Stat. 
     197), as amended, repealed by section 18(a) the Alaska 
     Native Claims Settlement Act (85 Stat. 710), with a 
     savings clause for applications pending on December 18, 
     1971.
       (C) Land acquisition.--Lands and interests in land acquired 
     by the United States pursuant to the Agreement shall be 
     administered by the Secretary of the Interior (hereinafter 
     referred to as the ``Secretary'') as part of the Katmai 
     National Park, subject to the laws and regulations applicable 
     thereto.
       (2) Maps and deeds.--The maps and deeds set forth in the 
     Agreement generally depict the lands subject to the 
     conveyances, the retention of consultation rights, the 
     conservation easement, the access rights, Alaska Native 
     Allotment Act status, and the use and transfer restrictions.
       (b) Katmai National Park and Preserve Wilderness.--Upon the 
     date of closing of the conveyance of the approximately 10 
     acres of Katmai National Park Wilderness lands to be conveyed 
     to the Heirs under the Agreement, the following lands shall 
     hereby be designated part of the Katmai Wilderness as 
     designated by section 701(4) of the Alaska National Interest 
     Lands Conservation Act (16 U.S.C. 1132 note; 94 Stat. 2417):
     A strip of land approximately one half mile long and 165 feet 
     wide lying within Section 1, Township 24 South, Range 33 
     West, Seward Meridian, Alaska, the center line of which is 
     the center of the unnamed stream from its mouth at Geographic 
     Harbor to the north line of said Section 1. Said unnamed 
     stream flows from the unnamed lake located in Sections 25 and 
     26, Township 23 South, Range 33 West, Seward Meridian. This 
     strip of land contains approximately 10 acres.
       (c) Availability of Appropriation.--None of the funds 
     appropriated in this Act or any other Act hereafter enacted 
     for the implementation of the Agreement may be expended until 
     the Secretary determines that the Heirs have signed a valid 
     and full relinquishment and release of any and all claims 
     described in section 2(d) of the Agreement.
       (d) General Provisions.--
       (1) All of the lands designated as Wilderness pursuant to 
     this section shall be subject to any valid existing rights.
       (2) Subject to the provisions of the Alaska National 
     Interest Lands Conservation Act, the Secretary shall ensure 
     that the lands in the Geographic Harbor area not directly 
     affected by the Agreement remain accessible for the public, 
     including its mooring and mechanized transportation needs.
       (3) The Agreement shall be placed on file and available for 
     public inspection at the Alaska Regional Office of the 
     National Park Service, at the office of the Katmai National 
     Park and Preserve in King Salmon, Alaska, and at least one 
     public facility managed by the Federal, State or local 
     government located in each of Homer, Alaska, and Kodiak, 
     Alaska and such other public facilities which the Secretary 
     determines are suitable and accessible for such public 
     inspections. In addition, as soon as practicable after 
     enactment of this provision, the Secretary shall make 
     available for public inspection in those same offices, 
     copies of all maps and legal descriptions of lands 
     prepared in implementing either the Agreement or this 
     section. Such legal descriptions shall be published in the 
     Federal Register and filed with the Speaker of the House 
     of Representatives and the President of the Senate.
       Sec. 136. Watershed Restoration and Enhancement Agreements. 
     Section 124(a) of the Department of the Interior and Related 
     Agencies Appropriations Act, 1997 (16 U.S.C. 1011(a)) is 
     amended by striking ``with willing private landowners for 
     restoration and enhancement of fish, wildlife, and other 
     biotic resources on public or private land or both'' and 
     inserting ``with the heads of other Federal agencies, tribal, 
     State, and local governments, private and nonprofit entities, 
     and landowners for the protection, restoration, and 
     enhancement of fish and wildlife habitat and other resources 
     on public or private land and the reduction of risk from 
     natural disaster where public safety is threatened''.
       Sec. 137. None of the funds made available in this or any 
     other Act may be expended before March 31, 1999 to publish 
     final regulations based on the regulations proposed at 63 
     Fed. Reg. 3289 on January 22, 1998.
       Sec. 138. Acquisition of Real Property Interests for 
     Addition to Chickamauga and Chattanooga National Military 
     Park. The Act of August 19, 1890 (16 U.S.C. 424), is amended 
     by adding at the end the following:

     ``SEC. 12. ACQUISITION OF LAND.

       ``(a) In General.--The Secretary of the Interior may 
     acquire private land, easements, and buildings within the 
     areas authorized for acquisition for the Chickamauga and 
     Chattanooga National Military Park, by donation, purchase 
     with donated or appropriated funds, or exchange.
       ``(b) Limitation.--Land, easements, and buildings described 
     in subsection (a) may be acquired only from willing sellers.
       ``(c) Administration.--Land, easements, and buildings 
     acquired by the Secretary under subsection (a) shall be 
     administered by the Secretary as part of the park.''.
       Sec. 139. Amounts invoiced by the Secretary of the Interior 
     and paid in full before the date of enactment of this Act for 
     the purchase of Federal royalty oil by a refiner pursuant to 
     the preference for small refiners in section 36 of the 
     Mineral Leasing Act (30 U.S.C. 192) or section 27(b)(2) of 
     the Outer Continental Shelf Lands Act (43 U.S.C. 1353(b)(2)) 
     are hereby ratified and deemed to be the refiner's total 
     obligation to the United States for such purchases 
     notwithstanding any other provision of law, including the 
     regulations set forth in 30 C.F.R. 208.13 (1997), subject to 
     adjustment to reconcile billed volumes with delivered 
     volumes: Provided, That all delivered royalty oil volumes so 
     invoiced were processed, used, or exchanged for other crude 
     oil on a volume or equivalent basis that was processed or 
     used, in the refiner's refineries located in the United 
     States.
       Sec. 140. Remaining funds in the amount of $250,000, 
     appropriated as part of Public Law 105-83 in the National 
     Park Service construction account for fiscal year 1998 for an 
     environmental impact statement of a site for an interpretive 
     center along the Blue Ridge Parkway near Roanoke, Virginia, 
     may be used for the construction of an interpretive center 
     outside of the boundaries of the Blue Ridge Parkway, near 
     Roanoke, Virginia.
       Sec. 141. Section 5(a)(3) of the Act entitled ``An Act to 
     provide for the establishment of the Indiana Dunes National 
     Lakeshore, and for other purposes'', approved November 5, 
     1966 (16 U.S.C. 460u-5(a)(3)), is amended--
       (1) in subparagraph (A), in the matter preceding clause 
     (i), by--
       (A) striking ``as of that date''; and
       (B) inserting ``, subject to subparagraph (B),'' after 
     ``term ending''; and
       (2) in subparagraph (B), by striking ``Subparagraph (A)'' 
     and inserting ``Subparagraph (A)(ii)''.
       Sec. 142. Notwithstanding any other provision of law, any 
     settlement or judgment against the United States for the 
     legislative taking by section 817 of Public Law 104-333 (110 
     Stat. 4200-4201) of real property on the eastern end of Santa 
     Cruz Island known as the Gherini Ranch shall be paid solely 
     from the permanent judgment appropriation established 
     pursuant to section 1304 of title 31, United States Code.
       Sec. 143. Public Law 102-350 (16 U.S.C. 410) is amended to 
     strike ``Marsh-Billings'' each place it appears and insert 
     ``Marsh-Billings-Rockefeller''.
       Sec. 144. Refunds or rebates received on an on-going basis 
     from a credit card services provider under the Department of 
     the Interior's charge card programs may be deposited to and 
     retained without fiscal year limitation in the

[[Page H11116]]

     Departmental Working Capital Fund established under 43 U.S.C. 
     1467 and used to fund management initiatives of general 
     benefit to the Department of the Interior's bureaus and 
     offices as determined by the Secretary or his designee.
       Sec. 145. The principal visitor center for the Santa Monica 
     Mountains National Recreation Area, regardless of location, 
     shall be named for Anthony C. Beilenson and shall be referred 
     to in any law, document or record of the United States as the 
     ``Anthony C. Beilenson Visitor Center''.
       Sec. 146. The Redwood Information Center located at 119231 
     Highway 101 in Orick, California is hereby named the ``Thomas 
     H. Kuchel Visitor Center'' and shall be referred to in any 
     law, document or record of the United States as the ``Thomas 
     H. Kuchel Visitor Center''.
       Sec. 147. Appropriations made in this title under the 
     headings Bureau of Indian Affairs and Office of Special 
     Trustee for American Indians and any available unobligated 
     balances from prior appropriations Acts made under the same 
     headings, shall be available for expenditure or transfer for 
     Indian trust management activities pursuant to the Trust 
     Management Improvement Project High Level Implementation 
     Plan.
       Sec. 148. All funds received by the United States as a 
     result of the sale or the exchange and subsequent sale of 
     lands under section 412(a)(1) of the ``Treasury and General 
     Government Appropriations Act, 1999'' shall be deposited in 
     the ``Everglades restoration'' account in accordance with 
     section 390(f)(2)(A) of the Federal Agriculture Improvement 
     and Reform Act of 1996, Public Law 104-127, 110 Stat. 1022.
       Sec. 149. Notwithstanding any other provision of law, the 
     Secretary of the Interior shall transfer a road easement, no 
     wider than 50 feet, across lot 1 (USS 3811, First Judicial 
     District, Juneau Recording District, State of Alaska), 
     administered by the National Park Service, identified as road 
     alternative 1 on the map entitled ``Traffic and Environmental 
     Feasibility Study for Access to Proposed Auke Cape Facility'' 
     in the document for the NOAA/NMFS Juneau Consolidated 
     Facility Preliminary Draft Environmental Impact Statement, 
     dated July 1996, to the City and Borough of Juneau, Alaska. 
     The Secretary of the Interior shall also transfer to the City 
     and Borough of Juneau all right, title and interest of the 
     United States in the right of way described by the plat 
     recorded in Book 54, page 371, of the Juneau Recording 
     District. Such transfers shall occur as soon as practical 
     after the Secretary of Commerce has exchanged all, or a 
     portion, of the right, title and interest in the 28.16 acres 
     known as the Auke Cape property for the 22.35 acres known as 
     the Lena Point property, near Juneau, Alaska to the City and 
     Borough of Juneau, Alaska. The Secretary of the Interior 
     shall deliver to the City and Borough of Juneau, Alaska a 
     deed or patent establishing the conveyance to the City and 
     Borough of Juneau, Alaska of said easements. The Secretary of 
     the Interior shall retain the right of access and use of such 
     right of way, easement and road.
       Sec. 150. All properties administered by the National Park 
     Service at Fort Baker, Golden Gate National Recreation Area, 
     and leases, concessions, permits and other agreements 
     associated with those properties, shall be exempt from all 
     taxes and special assessments, except sales tax, by the State 
     of California and its political subdivisions, including the 
     County of Marin and the City of Sausalito. Such areas of Fort 
     Baker shall remain under exclusive federal jurisdiction.
       Sec. 151. Notwithstanding any provision of law, the 
     Secretary of the Interior is authorized to negotiate and 
     enter into agreements and leases, without regard to section 
     321 of chapter 314 of the Act of June 30, 1932 (40 U.S.C. 
     303b), with any person, firm, association, organization, 
     corporation, or governmental entity for all or part of the 
     property within Fort Baker administered by the Secretary as 
     part of Golden Gate National Recreation Area. The proceeds of 
     the agreements or leases shall be retained by the Secretary 
     and such proceeds shall be available, without future 
     appropriation, for the preservation, restoration, operation, 
     maintenance and interpretation and related expenses incurred 
     with respect to Fort Baker properties.
       Sec. 152. In implementing section 1307(a) of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 3197), 
     the Secretary of the Interior shall deem the holder (on the 
     date of enactment of this Act) of the concession contract 
     KATM001-81 to be a person who, on or before January 1, 1979, 
     was engaged in adequately providing visitor services of the 
     type authorized in said contract with Katmai National Park 
     and Preserve.

                       TITLE II--RELATED AGENCIES

                       DEPARTMENT OF AGRICULTURE

                             Forest Service

                     forest and rangeland research

       For necessary expenses of forest and rangeland research as 
     authorized by law, $197,444,000, to remain available until 
     expended.

                       state and private forestry

       For necessary expenses of cooperating with and providing 
     technical and financial assistance to States, territories, 
     possessions, and others, and for forest health management, 
     cooperative forestry, and education and land conservation 
     activities, $170,722,000, to remain available until expended, 
     as authorized by law.

                         national forest system

       For necessary expenses of the Forest Service, not otherwise 
     provided for, for management, protection, improvement, and 
     utilization of the National Forest System, and for 
     administrative expenses associated with the management of 
     funds provided under the headings ``Forest and Rangeland 
     Research'', ``State and Private Forestry'', ``National Forest 
     System'', ``Wildland Fire Management'', ``Reconstruction and 
     Construction'', and ``Land Acquisition'', $1,298,570,000, to 
     remain available until expended, which shall include 50 
     percent of all moneys received during prior fiscal years as 
     fees collected under the Land and Water Conservation Fund 
     Act of 1965, as amended, in accordance with section 4 of 
     the Act (16 U.S.C. 460l-6a(i)): Provided, That up to 
     $3,000,000 of funds provided herein may be used to 
     construct or reconstruct facilities of the Forest Service: 
     Provided further, That no more than $150,000 shall be used 
     on any single project, exclusive of planning and design 
     costs: Provided further, That any unobligated balances 
     remaining in this appropriation in the road maintenance 
     extended budget line item at the end of fiscal year 1998 
     may be transferred to and made a part of the 
     ``Reconstruction and Construction'' appropriation, road 
     maintenance and decommissioning extended budget line item.

                        wildland fire management

       For necessary expenses for forest fire presuppression 
     activities on National Forest System lands, for emergency 
     fire suppression on or adjacent to such lands or other lands 
     under fire protection agreement, and for emergency 
     rehabilitation of burned-over National Forest System lands 
     and water, $560,176,000, to remain available until expended: 
     Provided, That such funds are available for repayment of 
     advances from other appropriations accounts previously 
     transferred for such purposes.
       For an additional amount to cover necessary expenses for 
     emergency rehabilitation, presuppression due to emergencies, 
     and wildfire suppression activities of the Forest Service, 
     $102,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That these funds shall be 
     available only to the extent an official budget request for a 
     specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                    reconstruction and construction

       For necessary expenses of the Forest Service, not otherwise 
     provided for, $297,352,000, to remain available until 
     expended for construction, reconstruction and acquisition of 
     buildings and other facilities, and for construction, 
     reconstruction, repair and maintenance of forest roads and 
     trails by the Forest Service as authorized by 16 U.S.C. 532-
     538 and 23 U.S.C. 101 and 205: Provided, That up to 
     $15,000,000 of the funds provided herein for road maintenance 
     shall be available for the decommissioning of roads, 
     including unauthorized roads not part of the transportation 
     system, which are no longer needed: Provided further, That no 
     funds shall be expended to decommission any system road until 
     notice and an opportunity for public comment has been 
     provided: Provided further, That the Forest Service may make 
     an advance of up to $200,000 from the funds provided under 
     this heading in this Act and up to $800,000 provided under 
     this heading in Public Law 105-83 to the City of Colorado 
     Springs, Colorado for the design and reconstruction of the 
     Pikes Peak Summit House in accordance with terms and 
     conditions agreed to.


                            land acquisition

       For expenses necessary to carry out the provisions of the 
     Land and Water Conservation Fund Act of 1965, as amended (16 
     U.S.C. 460l-4 through 11), including administrative expenses, 
     and for acquisition of land or waters, or interest therein, 
     in accordance with statutory authority applicable to the 
     Forest Service, $117,918,000, to be derived from the Land and 
     Water Conservation Fund, to remain available until expended.


         acquisition of lands for national forests special acts

       For acquisition of lands within the exterior boundaries of 
     the Cache, Uinta, and Wasatch National Forests, Utah; the 
     Toiyabe National Forest, Nevada; and the Angeles, San 
     Bernardino, Sequoia, and Cleveland National Forests, 
     California, as authorized by law, $1,069,000, to be 
     derived from forest receipts.


            acquisition of lands to complete land exchanges

       For acquisition of lands, such sums, to be derived from 
     funds deposited by State, county, or municipal governments, 
     public school districts, or other public school authorities 
     pursuant to the Act of December 4, 1967, as amended (16 
     U.S.C. 484a), to remain available until expended.

                         range betterment fund

       For necessary expenses of range rehabilitation, protection, 
     and improvement, 50 percent of all moneys received during the 
     prior fiscal year, as fees for grazing domestic livestock on 
     lands in National Forests in the sixteen Western States, 
     pursuant to section 401(b)(1) of Public Law 94-579, as 
     amended, to remain available until expended, of which not to 
     exceed 6 percent shall be available for administrative 
     expenses associated with on-the-ground range rehabilitation, 
     protection, and improvements.

    gifts, donations and bequests for forest and rangeland research

       For expenses authorized by 16 U.S.C. 1643(b), $92,000, to 
     remain available until expended, to be derived from the fund 
     established pursuant to the above Act.

[[Page H11117]]

        Management of National Forest Lands for Subsistence Uses

                 subsistence management, forest service

       For necessary expenses of the Forest Service to manage 
     federal lands in Alaska for subsistence uses under the 
     provisions of Title VIII of the Alaska National Interest 
     Lands Conservation Act (Public Law 96-487 et seq.) except in 
     areas described in section 339(a)(1)(A) and (B) of this Act, 
     $3,000,000 to become available on September 30, 1999, and 
     remain available until expended: Provided, That if prior to 
     October 1, 1999, the Secretary of the Interior determines 
     that the Alaska State Legislature has approved a bill or 
     resolution to amend the Constitution of the State of Alaska 
     that, if approved by the electorate, would enable the 
     implementation of state laws of general applicability which 
     are consistent with, and which provide for the definition, 
     preference and participation specified in sections 803, 804, 
     and 805 of the Alaska National Interest Lands Conservation 
     Act, the Secretary of Agriculture shall make a $3,000,000 
     grant to the State of Alaska for the purpose of assisting 
     that State in fulfilling its responsibilities under sections 
     803, 804, and 805 of that Act.

               administrative provisions, forest service

       Appropriations to the Forest Service for the current fiscal 
     year shall be available for: (1) purchase of not to exceed 
     177 passenger motor vehicles of which 22 will be used 
     primarily for law enforcement purposes and of which 176 shall 
     be for replacement; acquisition of 25 passenger motor 
     vehicles from excess sources, and hire of such vehicles; 
     operation and maintenance of aircraft, the purchase of not to 
     exceed two for replacement only, and acquisition of 
     sufficient aircraft from excess sources to maintain the 
     operable fleet at 213 aircraft for use in Forest Service 
     wildland fire programs and other Forest Service programs; 
     notwithstanding other provisions of law, existing aircraft 
     being replaced may be sold, with proceeds derived or trade-in 
     value used to offset the purchase price for the replacement 
     aircraft; (2) services pursuant to 7 U.S.C. 2225, and not to 
     exceed $100,000 for employment under 5 U.S.C. 3109; (3) 
     purchase, erection, and alteration of buildings and other 
     public improvements (7 U.S.C. 2250); (4) acquisition of land, 
     waters, and interests therein, pursuant to 7 U.S.C. 428a; (5) 
     for expenses pursuant to the Volunteers in the National 
     Forest Act of 1972 (16 U.S.C. 558a, 558d, and 558a note); (6) 
     the cost of uniforms as authorized by 5 U.S.C. 5901-5902; and 
     (7) for debt collection contracts in accordance with 31 
     U.S.C. 3718(c).
       None of the funds made available under this Act shall be 
     obligated or expended to abolish any region, to move or close 
     any regional office for National Forest System administration 
     of the Forest Service, Department of Agriculture without the 
     consent of the House and Senate Committees on Appropriations.
       Any appropriations or funds available to the Forest Service 
     may be transferred to the Wildland Fire Management 
     appropriation for forest firefighting, emergency 
     rehabilitation of burned-over or damaged lands or waters 
     under its jurisdiction, and fire preparedness due to severe 
     burning conditions.
       Funds appropriated to the Forest Service shall be available 
     for assistance to or through the Agency for International 
     Development and the Foreign Agricultural Service in 
     connection with forest and rangeland research, technical 
     information, and assistance in foreign countries, and shall 
     be available to support forestry and related natural resource 
     activities outside the United States and its territories and 
     possessions, including technical assistance, education and 
     training, and cooperation with United States and 
     international organizations.
       None of the funds made available to the Forest Service 
     under this Act shall be subject to transfer under the 
     provisions of section 702(b) of the Department of Agriculture 
     Organic Act of 1944 (7 U.S.C. 2257) or 7 U.S.C. 147b unless 
     the proposed transfer is approved in advance by the House and 
     Senate Committees on Appropriations in compliance with the 
     reprogramming procedures contained in House Report 105-163.
       None of the funds available to the Forest Service may be 
     reprogrammed without the advance approval of the House and 
     Senate Committees on Appropriations in accordance with the 
     procedures contained in House Report 105-163.
       No funds appropriated to the Forest Service shall be 
     transferred to the Working Capital Fund of the Department of 
     Agriculture without the approval of the Chief of the Forest 
     Service.
       Notwithstanding any other provision of law, hereafter any 
     appropriations or funds available to the Forest Service may 
     be used to disseminate program information to private and 
     public individuals and organizations through the use of 
     nonmonetary items of nominal value and to provide nonmonetary 
     awards of nominal value and to incur necessary expenses for 
     the nonmonetary recognition of private individuals and 
     organizations that make contributions to Forest Service 
     programs.
       Notwithstanding any other provision of law, hereafter money 
     collected, in advance or otherwise, by the Forest Service 
     under authority of section 101 of Public Law 93-153 (30 
     U.S.C. 185(1)) as reimbursement of administrative and other 
     costs incurred in processing pipeline right-of-way or permit 
     applications and for costs incurred in monitoring the 
     construction, operation, maintenance, and termination of any 
     pipeline and related facilities, may be used to reimburse the 
     applicable appropriation to which such costs were originally 
     charged.
       Funds available to the Forest Service shall be available to 
     conduct a program of not less than $1,000,000 for high 
     priority projects within the scope of the approved budget 
     which shall be carried out by the Youth Conservation Corps as 
     authorized by the Act of August 13, 1970, as amended by 
     Public Law 93-408.
       None of the funds available in this Act shall be used for 
     timber sale preparation using clearcutting in hardwood stands 
     in excess of 25 percent of the fiscal year 1989 harvested 
     volume in the Wayne National Forest, Ohio: Provided, That 
     this limitation shall not apply to hardwood stands damaged by 
     natural disaster: Provided further, That landscape architects 
     shall be used to maintain a visually pleasing forest.
       Any money collected from the States for fire suppression 
     assistance rendered by the Forest Service on non-Federal 
     lands not in the vicinity of National Forest System lands 
     shall hereafter be used to reimburse the applicable 
     appropriation and shall remain available until expended as 
     the Secretary may direct in conducting activities 
     authorized by 16 U.S.C. 2101 note, 2101-2110, 1606, and 
     2111.
       Of the funds available to the Forest Service, $1,500 is 
     available to the Chief of the Forest Service for official 
     reception and representation expenses.
       Notwithstanding any other provision of law, hereafter the 
     Forest Service is authorized to employ or otherwise contract 
     with persons at regular rates of pay, as determined by the 
     Service, to perform work occasioned by emergencies such as 
     fires, storms, floods, earthquakes or any other unavoidable 
     cause without regard to Sundays, Federal holidays, and the 
     regular workweek.
       To the greatest extent possible, and in accordance with the 
     Final Amendment to the Shawnee National Forest Plan, none of 
     the funds available in this Act shall be used for preparation 
     of timber sales using clearcutting or other forms of even-
     aged management in hardwood stands in the Shawnee National 
     Forest, Illinois.
       Pursuant to sections 405(b) and 410(b) of Public Law 101-
     593, of the funds available to the Forest Service, up to 
     $2,250,000 may be advanced in a lump sum as Federal financial 
     assistance to the National Forest Foundation, without regard 
     to when the Foundation incurs expenses, for administrative 
     expenses or projects on or benefitting National Forest System 
     lands or related to Forest Service programs: Provided, That 
     of the Federal funds made available to the Foundation, no 
     more than $400,000 shall be available for administrative 
     expenses: Provided further, That the Foundation shall obtain, 
     by the end of the period of Federal financial assistance, 
     private contributions to match on at least one-for-one basis 
     funds made available by the Forest Service: Provided further, 
     That the Foundation may transfer Federal funds to a non-
     Federal recipient for a project at the same rate that the 
     recipient has obtained the non-Federal matching funds: 
     Provided further, That hereafter, the National Forest 
     Foundation may hold Federal funds made available but not 
     immediately disbursed and may use any interest or other 
     investment income earned (before, on, or after the date of 
     enactment of this Act) on Federal funds to carry out the 
     purposes of Public Law 101-593: Provided further, That such 
     investments may be made only in interest-bearing obligations 
     of the United States or in obligations guaranteed as to both 
     principal and interest by the United States.
       Pursuant to section 2(b)(2) of Public Law 98-244, up to 
     $2,650,000 of the funds available to the Forest Service shall 
     be available for matching funds to the National Fish and 
     Wildlife Foundation, as authorized by 16 U.S.C. 3701-3709, 
     and may be advanced in a lump sum as Federal financial 
     assistance, without regard to when expenses are incurred, for 
     projects on or benefitting National Forest System lands or 
     related to Forest Service programs: Provided, That the 
     Foundation shall obtain, by the end of the period of Federal 
     financial assistance, private contributions to match on at 
     least one-for-one basis funds advanced by the Forest Service: 
     Provided further, That the Foundation may transfer Federal 
     funds to a non-Federal recipient for a project at the same 
     rate that the recipient has obtained the non-Federal matching 
     funds.
       Funds appropriated to the Forest Service shall be available 
     for interactions with and providing technical assistance to 
     rural communities for sustainable rural development purposes.
       Notwithstanding any other provision of law, 80 percent of 
     the funds appropriated to the Forest Service in the 
     ``National Forest System'' and ``Reconstruction and 
     Construction'' accounts and planned to be allocated to 
     activities under the ``Jobs in the Woods'' program for 
     projects on National Forest land in the State of Washington 
     may be granted directly to the Washington State Department of 
     Fish and Wildlife for accomplishment of planned projects. 
     Twenty percent of said funds shall be retained by the 
     Forest Service for planning and administering projects. 
     Project selection and prioritization shall be accomplished 
     by the Forest Service with such consultation with the 
     State of Washington as the Forest Service deems 
     appropriate.
       Funds appropriated to the Forest Service shall be available 
     for payments to counties within the Columbia River Gorge 
     National Scenic Area, pursuant to sections 14(c)(1) and (2), 
     and section 16(a)(2) of Public Law 99-663.
       The Secretary of Agriculture is authorized to enter into 
     grants, contracts, and cooperative agreements as appropriate 
     with the Pinchot Institute for Conservation, as well as with 
     public and other private agencies, organizations, 
     institutions, and individuals, to provide for the 
     development, administration, maintenance, or restoration of 
     land, facilities, or Forest Service programs, at the Grey 
     Towers National Historic Landmark: Provided, That, subject to 
     such terms and conditions as the Secretary of Agriculture may 
     prescribe, any such public or private agency, organization, 
     institution, or individual may solicit, accept, and 
     administer private gifts of money and real or personal 
     property for the benefit of, or in connection with, the 
     activities and services at the Grey Towers National Historic 
     Landmark: Provided further, That such gifts may be accepted 
     notwithstanding the fact that a donor conducts business with 
     the Department of Agriculture in any capacity.

[[Page H11118]]

       Funds appropriated to the Forest Service shall be 
     available, as determined by the Secretary, for payments to 
     Del Norte County, California, pursuant to sections 13(e) and 
     14 of the Smith River National Recreation Area Act (Public 
     Law 101-612).
       For purposes of the Southeast Alaska Economic Disaster Fund 
     as set forth in section 101(c) of Public Law 104-134, the 
     direct grants provided in subsection (c) shall be considered 
     direct payments for purposes of all applicable law except 
     that these direct grants may not be used for lobbying 
     activities.
       No employee of the Department of Agriculture may be 
     detailed or assigned from an agency or office funded by this 
     Act to any other agency or office of the Department for more 
     than 30 days unless the individual's employing agency or 
     office is fully reimbursed by the receiving agency or office 
     for the salary and expenses of the employee for the period of 
     assignment.
       The Forest Service shall fund overhead, national 
     commitments, indirect expenses, and any other category for 
     use of funds which are expended at any units, that are not 
     directly related to the accomplishment of specific work on-
     the-ground (referred to as ``indirect expenditures''), from 
     funds available to the Forest Service, unless otherwise 
     prohibited by law: Provided, That not later than 90 days 
     after the date of the enactment of this Act, the Forest 
     Service shall provide, to the Committees on Appropriations of 
     the House of Representatives and Senate, proposed 
     definitions, which are consistent with Federal Accounting 
     Standards Advisory Board standards, to be used with the 
     fiscal year 2000 budget, for indirect expenditures: Provided 
     further, That the Forest Service shall implement and adhere 
     to the definitions on a nationwide basis without flexibility 
     for modification by any organizational level except the 
     Washington Office, and when changed by the Washington Office, 
     such changes in definition shall be reported in budget 
     requests submitted by the Forest Service: Provided further, 
     That the Forest Service shall provide in the fiscal year 2000 
     budget justification, planned indirect expenditures in 
     accordance with the definitions, summarized and displayed to 
     the Regional, Station, Area, and detached unit office level. 
     The justification shall display the estimated source and 
     amount of indirect expenditures, by expanded budget line 
     item, of funds in the agency's annual budget justification. 
     The display shall include appropriated funds and the Knutson-
     Vandenberg, Brush Disposal, Cooperative Work-Other, and 
     Salvage Sale funds. Changes between estimated and actual 
     indirect expenditures shall be reported in subsequent 
     budget justifications: Provided further, That during 
     fiscal year 2000 the Secretary shall limit total annual 
     indirect obligations from the Brush Disposal, Cooperative 
     Work-Other, Knutson-Vandenberg, Reforestation, Salvage 
     Sale, and Roads and Trails funds to 20 percent of the 
     total obligations from each fund: Provided further, That 
     not later than 90 days after the date of the enactment of 
     this Act, the Forest Service shall provide a plan which 
     addresses how the agency will fully integrate all indirect 
     expenditure information into the agency's general ledger 
     system.

                          DEPARTMENT OF ENERGY

                         clean coal technology


                               (deferral)

       Of the funds made available under this heading for 
     obligation in prior years, $10,000,000 of such funds shall 
     not be available until October 1, 1999; $15,000,000 shall not 
     be available until October 1, 2000; and $15,000,000 shall not 
     be available until October 1, 2001: Provided, That funds made 
     available in previous appropriations Acts shall be available 
     for any ongoing project regardless of the separate request 
     for proposal under which the project was selected.

                 fossil energy research and development

       For necessary expenses in carrying out fossil energy 
     research and development activities, under the authority of 
     the Department of Energy Organization Act (Public Law 95-91), 
     including the acquisition of interest, including defeasible 
     and equitable interests in any real property or any facility 
     or for plant or facility acquisition or expansion, and for 
     conducting inquiries, technological investigations and 
     research concerning the extraction, processing, use, and 
     disposal of mineral substances without objectionable social 
     and environmental costs (30 U.S.C. 3, 1602, and 1603), 
     performed under the minerals and materials science programs 
     at the Albany Research Center in Oregon, $384,056,000, to 
     remain available until expended: Provided, That no part of 
     the sum herein made available shall be used for the field 
     testing of nuclear explosives in the recovery of oil and gas.

                      alternative fuels production


                     (including transfer of funds)

       Moneys received as investment income on the principal 
     amount in the Great Plains Project Trust at the Norwest Bank 
     of North Dakota, in such sums as are earned as of October 1, 
     1998, shall be deposited in this account and immediately 
     transferred to the general fund of the Treasury. Moneys 
     received as revenue sharing from operation of the Great 
     Plains Gasification Plant shall be immediately transferred to 
     the general fund of the Treasury.

                 naval petroleum and oil shale reserves

       For necessary expenses in carrying out naval petroleum and 
     oil shale reserve activities, $14,000,000, to remain 
     available until expended: Provided, That the requirements of 
     10 U.S.C. 7430(b)(2)(B) shall not apply to fiscal year 1999: 
     Provided further, That, notwithstanding any other provision 
     of law, funds available pursuant to the first proviso under 
     this heading in Public Law 101-512 shall be immediately 
     available for all naval petroleum and oil shale reserve 
     activities.


                      elk hills school lands funds

       For necessary expenses in fulfilling the first installment 
     payment under the Settlement Agreement entered into by the 
     United States and the State of California on October 11, 
     1996, as authorized by section 3415 of Public Law 104-106, 
     $36,000,000 for payment to the State of California for the 
     State Teachers' Retirement Fund from the Elk Hills School 
     Lands Fund.

                          energy conservation

       For necessary expenses in carrying out energy conservation 
     activities, $691,701,000, to remain available until expended, 
     including, notwithstanding any other provision of law, 
     $64,000,000, which shall be transferred to this account from 
     amounts held in escrow under section 3002(d) of Public Law 
     95-509 (15 U.S.C. 4501(d)): Provided, That $166,000,000 shall 
     be for use in energy conservation programs as defined in 
     section 3008(3) of Public Law 99-509 (15 U.S.C. 4507): 
     Provided further, That notwithstanding section 3003(d)(2) of 
     Public Law 99-509 such sums shall be allocated to the 
     eligible programs as follows: $133,000,000 for weatherization 
     assistance grants and $33,000,000 for State energy 
     conservation grants.

                          economic regulation

       For necessary expenses in carrying out the activities of 
     the Office of Hearings and Appeals, $1,801,000, to remain 
     available until expended.

                      strategic petroleum reserve

       For necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy Policy and Conservation Act 
     of 1975, as amended (42 U.S.C. 6201 et seq.), $160,120,000, 
     to remain available until expended.

                   energy information administration

       For necessary expenses in carrying out the activities of 
     the Energy Information Administration, $70,500,000, to remain 
     available until expended.


            administrative provisions, department of energy

       Appropriations under this Act for the current fiscal year 
     shall be available for hire of passenger motor vehicles; 
     hire, maintenance, and operation of aircraft; purchase, 
     repair, and cleaning of uniforms; and reimbursement to the 
     General Services Administration for security guard services.
       From appropriations under this Act, transfers of sums may 
     be made to other agencies of the Government for the 
     performance of work for which the appropriation is made.
       None of the funds made available to the Department of 
     Energy under this Act shall be used to implement or finance 
     authorized price support or loan guarantee programs unless 
     specific provision is made for such programs in an 
     appropriations Act.
       The Secretary is authorized to accept lands, buildings, 
     equipment, and other contributions from public and private 
     sources and to prosecute projects in cooperation with other 
     agencies, Federal, State, private or foreign: Provided, That 
     revenues and other moneys received by or for the account of 
     the Department of Energy or otherwise generated by sale of 
     products in connection with projects of the Department 
     appropriated under this Act may be retained by the Secretary 
     of Energy, to be available until expended, and used only for 
     plant construction, operation, costs, and payments to cost-
     sharing entities as provided in appropriate cost-sharing 
     contracts or agreements: Provided further, That the remainder 
     of revenues after the making of such payments shall be 
     covered into the Treasury as miscellaneous receipts: Provided 
     further, That any contract, agreement, or provision thereof 
     entered into by the Secretary pursuant to this authority 
     shall not be executed prior to the expiration of 30 
     calendar days (not including any day in which either House 
     of Congress is not in session because of adjournment of 
     more than three calendar days to a day certain) from the 
     receipt by the Speaker of the House of Representatives and 
     the President of the Senate of a full comprehensive report 
     on such project, including the facts and circumstances 
     relied upon in support of the proposed project.
       No funds provided in this Act may be expended by the 
     Department of Energy to prepare, issue, or process 
     procurement documents for programs or projects for which 
     appropriations have not been made.
       In addition to other authorities set forth in this Act, the 
     Secretary may accept fees and contributions from public and 
     private sources, to be deposited in a contributed funds 
     account, and prosecute projects using such fees and 
     contributions in cooperation with other Federal, State or 
     private agencies or concerns.
       The Secretary in fiscal year 1999 and thereafter, shall 
     continue the process begun in fiscal year 1998 of accepting 
     funds from other Federal agencies in return for assisting 
     agencies in achieving energy efficiency in Federal facilities 
     and operations by the use of privately financed, energy 
     savings performance contracts and other private financing 
     mechanisms. The funds may be provided after agencies begin to 
     realize energy cost savings; may be retained by the Secretary 
     until expended; and may be used only for the purpose of 
     assisting Federal agencies in achieving greater efficiency, 
     water conservation and use of renewable energy by means of 
     privately financed mechanisms, including energy savings 
     performance contracts and utility incentive programs. These 
     recovered funds will continue to be used to administer even 
     greater energy efficiency, water conservation and use of 
     renewable energy by means of privately financed mechanisms 
     such as utility efficiency service contracts and energy 
     savings performance contracts. The recoverable funds will be 
     used for all necessary program expenses, including contractor 
     support and resources needed, to achieve overall Federal 
     energy management program objectives for greater energy 
     savings. Any

[[Page H11119]]

     such privately financed contracts shall meet the provisions 
     of the Energy Policy Act of 1992, Public Law 102-486 
     regarding energy savings performance contracts and utility 
     incentive programs.

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                         Indian Health Service

                         indian health services

       For expenses necessary to carry out the Act of August 5, 
     1954 (68 Stat. 674), the Indian Self-Determination Act, the 
     Indian Health Care Improvement Act, and titles II and III of 
     the Public Health Service Act with respect to the Indian 
     Health Service, $1,950,322,000, together with payments 
     received during the fiscal year pursuant to 42 U.S.C. 238(b) 
     for services furnished by the Indian Health Service: 
     Provided, That funds made available to tribes and tribal 
     organizations through contracts, grant agreements, or any 
     other agreements or compacts authorized by the Indian Self-
     Determination and Education Assistance Act of 1975 (25 U.S.C. 
     450), shall be deemed to be obligated at the time of the 
     grant or contract award and thereafter shall remain available 
     to the tribe or tribal organization without fiscal year 
     limitation: Provided further, That $12,000,000 shall remain 
     available until expended, for the Indian Catastrophic Health 
     Emergency Fund: Provided further, That $373,801,000 for 
     contract medical care shall remain available for obligation 
     until September 30, 2000: Provided further, That of the funds 
     provided, up to $17,000,000 shall be used to carry out the 
     loan repayment program under section 108 of the Indian 
     Health Care Improvement Act: Provided further, That funds 
     provided in this Act may be used for one-year contracts 
     and grants which are to be performed in two fiscal years, 
     so long as the total obligation is recorded in the year 
     for which the funds are appropriated: Provided further, 
     That the amounts collected by the Secretary of Health and 
     Human Services under the authority of title IV of the 
     Indian Health Care Improvement Act shall remain available 
     until expended for the purpose of achieving compliance 
     with the applicable conditions and requirements of titles 
     XVIII and XIX of the Social Security Act (exclusive of 
     planning, design, or construction of new facilities): 
     Provided further, That funding contained herein, and in 
     any earlier appropriations Acts for scholarship programs 
     under the Indian Health Care Improvement Act (25 U.S.C. 
     1613) shall remain available for obligation until 
     September 30, 2000: Provided further, That amounts 
     received by tribes and tribal organizations under title IV 
     of the Indian Health Care Improvement Act shall be 
     reported and accounted for and available to the receiving 
     tribes and tribal organizations until expended: Provided 
     further, That, notwithstanding any other provision of law, 
     of the amounts provided herein, not to exceed $203,781,000 
     shall be for payments to tribes and tribal organizations 
     for contract or grant support costs associated with 
     contracts, grants, self-governance compacts or annual 
     funding agreements between the Indian Health Service and a 
     tribe or tribal organization pursuant to the Indian Self-
     Determination Act of 1975, as amended, prior to or during 
     fiscal year 1999: Provided further, That funds provided to 
     the Ponca Indian Tribe of Nebraska in previous fiscal 
     years that were retained by the tribe to carry out the 
     programs and functions of the Indian Health Service may be 
     used by the tribe to obtain approved clinical space to 
     carry out the program.

                        indian health facilities

       For construction, repair, maintenance, improvement, and 
     equipment of health and related auxiliary facilities, 
     including quarters for personnel; preparation of plans, 
     specifications, and drawings; acquisition of sites, purchase 
     and erection of modular buildings, and purchases of trailers; 
     and for provision of domestic and community sanitation 
     facilities for Indians, as authorized by section 7 of the Act 
     of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-
     Determination Act, and the Indian Health Care Improvement 
     Act, and for expenses necessary to carry out such Acts and 
     titles II and III of the Public Health Service Act with 
     respect to environmental health and facilities support 
     activities of the Indian Health Service, $289,465,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated for the planning, design, construction or 
     renovation of health facilities for the benefit of an Indian 
     tribe or tribes may be used to purchase land for sites to 
     construct, improve, or enlarge health or related facilities.

            administrative provisions, indian health service

       Appropriations in this Act to the Indian Health Service 
     shall be available for services as authorized by 5 U.S.C. 
     3109 but at rates not to exceed the per diem rate equivalent 
     to the maximum rate payable for senior-level positions under 
     5 U.S.C. 5376; hire of passenger motor vehicles and aircraft; 
     purchase of medical equipment; purchase of reprints; 
     purchase, renovation and erection of modular buildings and 
     renovation of existing facilities; payments for telephone 
     service in private residences in the field, when authorized 
     under regulations approved by the Secretary; and for uniforms 
     or allowances therefore as authorized by 5 U.S.C. 5901-5902; 
     and for expenses of attendance at meetings which are 
     concerned with the functions or activities for which the 
     appropriation is made or which will contribute to improved 
     conduct, supervision, or management of those functions or 
     activities: Provided, That in accordance with the provisions 
     of the Indian Health Care Improvement Act, non-Indian 
     patients may be extended health care at all tribally 
     administered or Indian Health Service facilities, subject 
     to charges, and the proceeds along with funds recovered 
     under the Federal Medical Care Recovery Act (42 U.S.C. 
     2651-2653) shall be credited to the account of the 
     facility providing the service and shall be available 
     without fiscal year limitation: Provided further, That 
     notwithstanding any other law or regulation, funds 
     transferred from the Department of Housing and Urban 
     Development to the Indian Health Service shall be 
     administered under Public Law 86-121 (the Indian 
     Sanitation Facilities Act) and Public Law 93-638, as 
     amended: Provided further, That funds appropriated to the 
     Indian Health Service in this Act, except those used for 
     administrative and program direction purposes, shall not 
     be subject to limitations directed at curtailing Federal 
     travel and transportation: Provided further, That 
     notwithstanding any other provision of law, funds 
     previously or herein made available to a tribe or tribal 
     organization through a contract, grant, or agreement 
     authorized by title I or title III of the Indian Self-
     Determination and Education Assistance Act of 1975 (25 
     U.S.C. 450), may be deobligated and reobligated to a self-
     determination contract under title I, or a self-governance 
     agreement under title III of such Act and thereafter shall 
     remain available to the tribe or tribal organization 
     without fiscal year limitation: Provided further, That 
     none of the funds made available to the Indian Health 
     Service in this Act shall be used to implement the final 
     rule published in the Federal Register on September 16, 
     1987, by the Department of Health and Human Services, 
     relating to the eligibility for the health care services 
     of the Indian Health Service until the Indian Health 
     Service has submitted a budget request reflecting the 
     increased costs associated with the proposed final rule, 
     and such request has been included in an appropriations 
     Act and enacted into law: Provided further, That funds 
     made available in this Act are to be apportioned to the 
     Indian Health Service as appropriated in this Act, and 
     accounted for in the appropriation structure set forth in 
     this Act: Provided further, That with respect to functions 
     transferred by the Indian Health Service to tribes or 
     tribal organizations, the Indian Health Service is 
     authorized to provide goods and services to those 
     entities, on a reimbursable basis, including payment in 
     advance with subsequent adjustment, and the reimbursements 
     received therefrom, along with the funds received from 
     those entities pursuant to the Indian Self-Determination 
     Act, may be credited to the same or subsequent 
     appropriation account which provided the funding, said 
     amounts to remain available until expended: Provided 
     further, That, heretofore and hereafter and 
     notwithstanding any other provision of law, funds 
     available to the Indian Health Service in this Act or any 
     other Act for Indian self-determination or self-governance 
     contract or grant support costs may be expended only for 
     costs directly attributable to contracts, grants and 
     compacts pursuant to the Indian Self-Determination Act and 
     no funds appropriated by this or any other Act shall be 
     available for any contract support costs or indirect costs 
     associated with any contract, grant, cooperative 
     agreement, self-governance compact, or funding agreement 
     entered into between an Indian tribe or tribal 
     organization and any entity other than the Indian Health 
     Service: Provided further, That reimbursements for 
     training, technical assistance, or services provided by 
     the Indian Health Service will contain total costs, 
     including direct, administrative, and overhead associated 
     with the provision of goods, services, or technical 
     assistance: Provided further, That the appropriation 
     structure for the Indian Health Service may not be altered 
     without advance approval of the House and Senate 
     Committees on Appropriations.

                         OTHER RELATED AGENCIES

              Office of Navajo and Hopi Indian Relocation

                         salaries and expenses

       For necessary expenses of the Office of Navajo and Hopi 
     Indian Relocation as authorized by Public Law 93-531, 
     $13,000,000, to remain available until expended: Provided, 
     That funds provided in this or any other appropriations Act 
     are to be used to relocate eligible individuals and groups 
     including evictees from District 6, Hopi-partitioned lands 
     residents, those in significantly substandard housing, and 
     all others certified as eligible and not included in the 
     preceding categories: Provided further, That none of the 
     funds contained in this or any other Act may be used by the 
     Office of Navajo and Hopi Indian Relocation to evict any 
     single Navajo or Navajo family who, as of November 30, 1985, 
     was physically domiciled on the lands partitioned to the Hopi 
     Tribe unless a new or replacement home is provided for 
     such household: Provided further, That no relocatee will 
     be provided with more than one new or replacement home: 
     Provided further, That the Office shall relocate any 
     certified eligible relocatees who have selected and 
     received an approved homesite on the Navajo reservation or 
     selected a replacement residence off the Navajo 
     reservation or on the land acquired pursuant to 25 U.S.C. 
     640d-10.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development

                        payment to the institute

       For payment to the Institute of American Indian and Alaska 
     Native Culture and Arts Development, as authorized by title 
     XV of Public Law 99-498, as amended (20 U.S.C. 56 part A), 
     $4,250,000.

                        Smithsonian Institution

                         salaries and expenses

       For necessary expenses of the Smithsonian Institution, as 
     authorized by law, including research in the fields of art, 
     science, and history; development, preservation, and 
     documentation of the National Collections; presentation of 
     public exhibits and performances; collection, preparation, 
     dissemination, and exchange of information and publications; 
     conduct of education,

[[Page H11120]]

     training, and museum assistance programs; maintenance, 
     alteration, operation, lease (for terms not to exceed 30 
     years), and protection of buildings, facilities, and 
     approaches; not to exceed $100,000 for services as authorized 
     by 5 U.S.C. 3109; up to 5 replacement passenger vehicles; 
     purchase, rental, repair, and cleaning of uniforms for 
     employees; $347,154,000, of which not to exceed $38,165,000 
     for the instrumentation program, collections acquisition, 
     Museum Support Center equipment and move, exhibition 
     reinstallation, the National Museum of the American Indian, 
     the repatriation of skeletal remains program, research 
     equipment, information management, and Latino programming 
     shall remain available until expended, and including such 
     funds as may be necessary to support American overseas 
     research centers and a total of $125,000 for the Council of 
     American Overseas Research Centers: Provided, That funds 
     appropriated herein are available for advance payments to 
     independent contractors performing research services or 
     participating in official Smithsonian presentations.

        construction and improvements, national zoological park

       For necessary expenses of planning, construction, 
     remodeling, and equipping of buildings and facilities at the 
     National Zoological Park, by contract or otherwise, 
     $4,400,000, to remain available until expended.

                  repair and restoration of buildings

       For necessary expenses of repair and restoration of 
     buildings owned or occupied by the Smithsonian Institution, 
     by contract or otherwise, as authorized by section 2 of the 
     Act of August 22, 1949 (63 Stat. 623), including not to 
     exceed $10,000 for services as authorized by 5 U.S.C. 3109, 
     $40,000,000, to remain available until expended: Provided, 
     That contracts awarded for environmental systems, protection 
     systems, and exterior repair or restoration of buildings of 
     the Smithsonian Institution may be negotiated with selected 
     contractors and awarded on the basis of contractor 
     qualifications as well as price.

                              construction

       For necessary expenses for construction, $16,000,000, to 
     remain available until expended: Provided, That 
     notwithstanding any other provision of law, a single 
     procurement for the construction of the National Museum of 
     the American Indian may be issued which includes the full 
     scope of the project: Provided further, That the solicitation 
     and the contract shall contain the clause ``availability of 
     funds'' found at 48 CFR 52.232.18.


           administrative provisions, smithsonian institution

       None of the funds in this or any other Act may be used to 
     initiate the design of any expansion of current space or new 
     facility without consultation with the House and Senate 
     Appropriations Committees.
       None of the funds in this or any other Act may be used to 
     prepare a historic structures report, or for any other 
     purpose, involving the Holt House located at the National 
     Zoological Park in Washington, D.C.
       The Smithsonian Institution shall not use Federal funds in 
     excess of the amount specified in Public Law 101-185 for the 
     construction of the National Museum of the American Indian.

                        National Gallery of Art


                         salaries and expenses

       For the upkeep and operations of the National Gallery of 
     Art, the protection and care of the works of art therein, and 
     administrative expenses incident thereto, as authorized by 
     the Act of March 24, 1937 (50 Stat. 51), as amended by the 
     public resolution of April 13, 1939 (Public Resolution 9, 
     Seventy-sixth Congress), including services as authorized by 
     5 U.S.C. 3109; payment in advance when authorized by the 
     treasurer of the Gallery for membership in library, museum, 
     and art associations or societies whose publications or 
     services are available to members only, or to members at a 
     price lower than to the general public; purchase, repair, and 
     cleaning of uniforms for guards, and uniforms, or allowances 
     therefor, for other employees as authorized by law (5 U.S.C. 
     5901-5902); purchase or rental of devices and services for 
     protecting buildings and contents thereof, and maintenance, 
     alteration, improvement, and repair of buildings, approaches, 
     and grounds; and purchase of services for restoration and 
     repair of works of art for the National Gallery of Art by 
     contracts made, without advertising, with individuals, firms, 
     or organizations at such rates or prices and under such terms 
     and conditions as the Gallery may deem proper, $57,938,000 of 
     which not to exceed $3,026,000 for the special exhibition 
     program shall remain available until expended.


            repair, restoration and renovation of buildings

       For necessary expenses of repair, restoration and 
     renovation of buildings, grounds and facilities owned or 
     occupied by the National Gallery of Art, by contract or 
     otherwise, as authorized, $6,311,000, to remain available 
     until expended: Provided, That contracts awarded for 
     environmental systems, protection systems, and exterior 
     repair or renovation of buildings of the National Gallery of 
     Art may be negotiated with selected contractors and awarded 
     on the basis of contractor qualifications as well as price.

             John F. Kennedy Center for the Performing Arts


                       operations and maintenance

       For necessary expenses for the operation, maintenance and 
     security of the John F. Kennedy Center for the Performing 
     Arts, $12,187,000.


                              construction

       For necessary expenses for capital repair and 
     rehabilitation of the existing features of the building and 
     site of the John F. Kennedy Center for the Performing Arts, 
     $20,000,000, to remain available until expended.

            Woodrow Wilson International Center for Scholars


                         salaries and expenses

       For expenses necessary in carrying out the provisions of 
     the Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) 
     including hire of passenger vehicles and services as 
     authorized by 5 U.S.C. 3109, $5,840,000.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $83,500,000 shall be available to the National Endowment for 
     the Arts for the support of projects  and productions in the 
     arts through assistance to organizations and individuals 
     pursuant to sections 5(c) and 5(g) of the Act, for program 
     support, and for administering the functions of the Act, 
     to remain available until expended.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $14,500,000, to remain available until 
     expended, to the National Endowment for the Arts: Provided, 
     That this appropriation shall be available for obligation 
     only in such amounts as may be equal to the total amounts of 
     gifts, bequests, and devises of money, and other property 
     accepted by the chairman or by grantees of the Endowment 
     under the provisions of section 10(a)(2), subsections 
     11(a)(2)(A) and 11(a)(3)(A) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                 National Endowment for the Humanities


                       grants and administration

       For necessary expenses to carry out the National Foundation 
     on the Arts and the Humanities Act of 1965, as amended, 
     $96,800,000, shall be available to the National Endowment for 
     the Humanities for support of activities in the humanities, 
     pursuant to section 7(c) of the Act, and for administering 
     the functions of the Act, to remain available until expended.


                            matching grants

       To carry out the provisions of section 10(a)(2) of the 
     National Foundation on the Arts and the Humanities Act of 
     1965, as amended, $13,900,000, to remain available until 
     expended, of which $9,900,000 shall be available to the 
     National Endowment for the Humanities for the purposes of 
     section 7(h): Provided, That this appropriation shall be 
     available for obligation only in such amounts as may be equal 
     to the total amounts of gifts, bequests, and devises of 
     money, and other property accepted by the chairman or by 
     grantees of the Endowment under the provisions of subsections 
     11(a)(2)(B) and 11(a)(3)(B) during the current and preceding 
     fiscal years for which equal amounts have not previously been 
     appropriated.

                Institute of Museum and Library Services


                       office of museum services

                       grants and administration

       For carrying out subtitle C of the Museum and Library 
     Services Act of 1996, as amended, $23,405,000, to remain 
     available until expended.

                       administrative provisions

       None of the funds appropriated to the National Foundation 
     on the Arts and the Humanities may be used to process any 
     grant or contract documents which do not include the text of 
     18 U.S.C. 1913: Provided, That none of the funds appropriated 
     to the National Foundation on the Arts and the Humanities may 
     be used for official reception and representation expenses: 
     Provided further, That funds from nonappropriated sources may 
     be used as necessary for official reception and 
     representation expenses.

                        Commission of Fine Arts


                         salaries and expenses

       For expenses made necessary by the Act establishing a 
     Commission of Fine Arts (40 U.S.C. 104), $898,000.


               national capital arts and cultural affairs

       For necessary expenses as authorized by Public Law 99-190 
     (20 U.S.C. 956(a)), as amended, $7,000,000.

               Advisory Council on Historic Preservation


                         salaries and expenses

       For necessary expenses of the Advisory Council on Historic 
     Preservation (Public Law 89-665, as amended), $2,800,000: 
     Provided, That none of these funds shall be available for 
     compensation of level V of the Executive Schedule or higher 
     positions.

                  National Capital Planning Commission


                         salaries and expenses

       For necessary expenses, as authorized by the National 
     Capital Planning Act of 1952 (40 U.S.C. 71-71i), including 
     services as authorized by 5 U.S.C. 3109, $5,954,000: 
     Provided, That all appointed members will be compensated 
     at a rate not to exceed the rate for level IV of the 
     Executive Schedule.

                United States Holocaust Memorial Council


                       holocaust memorial council

       For expenses of the Holocaust Memorial Council, as 
     authorized by Public Law 96-388 (36 U.S.C. 1401), as amended, 
     $32,107,000, of which $1,575,000 for the museum's repair and 
     rehabilitation program and $1,264,000 for the museum's 
     exhibitions program shall remain available until expended.

                             Presidio Trust


                          presidio trust fund

       For necessary expenses to carry out title I of the Omnibus 
     Parks and Public Lands Management Act of 1996, $14,913,000 
     shall be available

[[Page H11121]]

     to the Presidio Trust, to remain available until expended. 
     The Trust is authorized to issue obligations to the Secretary 
     of the Treasury pursuant to section 104(d)(3) of the Act, in 
     an amount not to exceed $20,000,000.

                     TITLE III--GENERAL PROVISIONS

       Sec. 301. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract, 
     pursuant to 5 U.S.C. 3109, shall be limited to those 
     contracts where such expenditures are a matter of public 
     record and available for public inspection, except where 
     otherwise provided under existing law, or under existing 
     Executive Order issued pursuant to existing law.
       Sec. 302. No part of any appropriation under this Act shall 
     be available to the Secretary of the Interior or the 
     Secretary of Agriculture for the leasing of oil and natural 
     gas by noncompetitive bidding on publicly owned lands within 
     the boundaries of the Shawnee National Forest, Illinois: 
     Provided, That nothing herein is intended to inhibit or 
     otherwise affect the sale, lease, or right to access to 
     minerals owned by private individuals.
       Sec. 303. No part of any appropriation contained in this 
     Act shall be available for any activity or the publication or 
     distribution of literature that in any way tends to promote 
     public support or opposition to any legislative proposal on 
     which congressional action is not complete.
       Sec. 304. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 305. None of the funds provided in this Act to any 
     department or agency shall be obligated or expended to 
     provide a personal cook, chauffeur, or other personal 
     servants to any officer or employee of such department or 
     agency except as otherwise provided by law.
       Sec. 306. No assessments may be levied against any program, 
     budget activity, subactivity, or project funded by this Act 
     unless advance notice of such assessments and the basis 
     therefor are presented to the Committees on Appropriations 
     and are approved by such Committees.
       Sec. 307. (a) Compliance With Buy American Act.--None of 
     the funds made available in this Act may be expended by an 
     entity unless the entity agrees that in expending the funds 
     the entity will comply with sections 2 through 4 of the Act 
     of March 3, 1933 (41 U.S.C. 10a-10c; popularly known as the 
     ``Buy American Act'').
       (b) Sense of Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 308. None of the funds in this Act may be used to 
     plan, prepare, or offer for sale timber from trees classified 
     as giant sequoia (Sequoiadendron giganteum) which are located 
     on National Forest System or Bureau of Land Management lands 
     in a manner different than such sales were conducted in 
     fiscal year 1995.
       Sec. 309. None of the funds made available by this Act may 
     be obligated or expended by the National Park Service to 
     enter into or implement a concession contract which permits 
     or requires the removal of the underground lunchroom at the 
     Carlsbad Caverns National Park.
       Sec. 310. None of the funds appropriated or otherwise made 
     available by this Act may be used for the AmeriCorps program, 
     unless the relevant agencies of the Department of the 
     Interior and/or Agriculture follow appropriate reprogramming 
     guidelines: Provided, That if no funds are provided for the 
     AmeriCorps program by the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 1999, then none of the funds appropriated 
     or otherwise made available by this Act may be used for the 
     AmeriCorps programs.
       Sec. 311. None of the funds made available in this Act may 
     be used: (1) to demolish the bridge between Jersey City, New 
     Jersey, and Ellis Island; or (2) to prevent pedestrian use of 
     such bridge, when it is made known to the Federal official 
     having authority to obligate or expend such funds that such 
     pedestrian use is consistent with generally accepted safety 
     standards.
       Sec. 312. (a) Limitation of Funds.--None of the funds 
     appropriated or otherwise made available pursuant to this Act 
     shall be obligated or expended to accept or process 
     applications for a patent for any mining or mill site claim 
     located under the general mining laws.
       (b) Exceptions.--The provisions of subsection (a) shall not 
     apply if the Secretary of the Interior determines that, for 
     the claim concerned: (1) a patent application was filed with 
     the Secretary on or before September 30, 1994; and (2) all 
     requirements established under sections 2325 and 2326 of the 
     Revised Statutes (30 U.S.C. 29 and 30) for vein or lode 
     claims and sections 2329, 2330, 2331, and 2333 of the Revised 
     Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and 
     section 2337 of the Revised Statutes (30 U.S.C. 42) for mill 
     site claims, as the case may be, were fully complied with by 
     the applicant by that date.
       (c) Report.--On September 30, 1999, the Secretary of the 
     Interior shall file with the House and Senate Committees on 
     Appropriations and the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on actions taken by the 
     Department under the plan submitted pursuant to section 
     314(c) of the Department of the Interior and Related Agencies 
     Appropriations Act, 1997 (Public Law 104-208).
       (d) Mineral Examinations.--In order to process patent 
     applications in a timely and responsible manner, upon the 
     request of a patent applicant, the Secretary of the Interior 
     shall allow the applicant to fund a qualified third-party 
     contractor to be selected by the Bureau of Land Management to 
     conduct a mineral examination of the mining claims or mill 
     sites contained in a patent application as set forth in 
     subsection (b). The Bureau of Land Management shall have 
     the sole responsibility to choose and pay the third-party 
     contractor in accordance with the standard procedures 
     employed by the Bureau of Land Management in the retention 
     of third-party contractors.
       Sec. 313. None of the funds appropriated or otherwise made 
     available by this Act may be used for the purposes of 
     acquiring lands in the counties of Gallia, Lawrence, Monroe, 
     or Washington, Ohio, for the Wayne National Forest.
       Sec. 314. Notwithstanding any other provision of law, 
     amounts appropriated to or earmarked in committee reports for 
     the Bureau of Indian Affairs and the Indian Health Service by 
     Public Laws 103-138, 103-332, 104-134, 104-208 and 105-83 for 
     payments to tribes and tribal organizations for contract 
     support costs associated with self-determination or self-
     governance contracts, grants, compacts, or annual funding 
     agreements with the Bureau of Indian Affairs or the Indian 
     Health Service as funded by such Acts, are the total amounts 
     available for fiscal years 1994 through 1998 for such 
     purposes, except that, for the Bureau of Indian Affairs, 
     tribes and tribal organizations may use their tribal priority 
     allocations for unmet indirect costs of ongoing contracts, 
     grants, self-governance compacts or annual funding 
     agreements.
       Sec. 315. Notwithstanding any other provision of law, for 
     fiscal year 1999 the Secretaries of Agriculture and the 
     Interior are authorized to limit competition for watershed 
     restoration project contracts as part of the ``Jobs in the 
     Woods'' component of the President's Forest Plan for the 
     Pacific Northwest to individuals and entities in historically 
     timber-dependent areas in the States of Washington, Oregon, 
     and northern California that have been affected by reduced 
     timber harvesting on Federal lands.
       Sec. 316. None of the funds collected under the 
     Recreational Fee Demonstration program may be used to plan, 
     design, or construct a visitor center or any other permanent 
     structure without prior approval of the House and the Senate 
     Committees on Appropriations if the estimated total cost of 
     the facility exceeds $500,000.
       Sec. 317. (a) None of the funds made available in this Act 
     or any other Act providing appropriations for the Department 
     of the Interior, the Forest Service or the Smithsonian 
     Institution may be used to submit nominations for the 
     designation of Biosphere Reserves pursuant to the Man and 
     Biosphere program administered by the United Nations 
     Educational, Scientific, and Cultural Organization.
       (b) The provisions of this section shall be repealed upon 
     enactment of subsequent legislation specifically authorizing 
     United States participation in the Man and Biosphere program.
       Sec. 318. None of the funds made available in this or any 
     other Act for any fiscal year may be used to designate, or to 
     post any sign designating, any portion of Canaveral National 
     Seashore in Brevard County, Florida, as a clothing-optional 
     area or as an area in which public nudity is permitted, if 
     such designation would be contrary to county ordinance.
       Sec. 319. Of the funds provided to the National Endowment 
     for the Arts--
       (1) The Chairperson shall only award a grant to an 
     individual if such grant is awarded to such individual for a 
     literature fellowship, National Heritage Fellowship, or 
     American Jazz Masters Fellowship.
       (2) The Chairperson shall establish procedures to ensure 
     that no funding provided through a grant, except a grant made 
     to a State or local arts agency, or regional group, may be 
     used to make a grant to any other organization or individual 
     to conduct activity independent of the direct grant 
     recipient. Nothing in this subsection shall prohibit payments 
     made in exchange for goods and services.
       (3) No grant shall be used for seasonal support to a group, 
     unless the application is specific to the contents of the 
     season, including identified programs and/or projects.
       Sec. 320. The National Endowment for the Arts and the 
     National Endowment for the Humanities are authorized to 
     solicit, accept, receive, and invest in the name of the 
     United States, gifts, bequests, or devises of money and other 
     property or services and to use such in furtherance of the 
     functions of the National Endowment for the Arts and the 
     National Endowment for the Humanities. Any proceeds from such 
     gifts, bequests, or devises, after acceptance by the National 
     Endowment for the Arts or the National Endowment for the 
     Humanities, shall be paid by the donor or the representative 
     of the donor to the Chairman. The Chairman shall enter the 
     proceeds in a special interest-bearing account to the credit 
     of the appropriate Endowment for the purposes specified in 
     each case.

[[Page H11122]]

       Sec. 321. No part of any appropriation contained in this 
     Act shall be expended or obligated to fund new revisions of 
     national forest land management plans until new final or 
     interim final rules for forest land management planning are 
     published in the Federal Register. Those national forests 
     which are currently in a revision process, having formally 
     published a Notice of Intent to revise prior to October 1, 
     1997; those national forests having been court-ordered to 
     revise; those national forests where plans reach the fifteen 
     year legally mandated date to revise before or during 
     calendar year 2000; national forests within the Interior 
     Columbia Basin Ecosystem study area; and the White Mountain 
     National Forest are exempt from this section and may use 
     funds in this Act and proceed to complete the forest plan 
     revision in accordance with current forest planning 
     regulations.
       Sec. 322. No part of any appropriation contained in this 
     Act shall be expended or obligated to complete and issue the 
     five-year program under the Forest and Rangeland Renewable 
     Resources Planning Act.
       Sec. 323. (a) Watershed Restoration and Enhancement 
     Agreements.--For fiscal year 1999, 2000 and 2001, to the 
     extent funds are otherwise available, appropriations for the 
     Forest Service may be used by the Secretary of Agriculture 
     for the purpose of entering into cooperative agreements with 
     willing Federal, tribal, State and local governments, private 
     and nonprofit entities and landowners for the protection, 
     restoration and enhancement of fish and wildlife habitat, and 
     other resources on public or private land, the reduction of 
     risk from natural disaster where public safety is threatened, 
     or a combination thereof or both that benefit these resources 
     within the watershed.
       (b) Direct and Indirect Watershed Agreements.--The 
     Secretary of Agriculture may enter into a watershed 
     restoration and enhancement agreement--
       (1) directly with a willing private landowner; or
       (2) indirectly through an agreement with a State, local or 
     tribal government or other public entity, educational 
     institution, or private nonprofit organization.
       (c) Terms and Conditions.--In order for the Secretary to 
     enter into a watershed restoration and enhancement 
     agreement--
       (1) the agreement shall--
       (A) include such terms and conditions mutually agreed to by 
     the Secretary and the landowner, state or local government, 
     or private or nonprofit entity;
       (B) improve the viability of and otherwise benefit the 
     fish, wildlife, and other resources on national forests lands 
     within the watershed;
       (C) authorize the provision of technical assistance by the 
     Secretary in the planning of management activities that will 
     further the purposes of the agreement;
       (D) provide for the sharing of costs of implementing the 
     agreement among the Federal Government, the landowner(s), and 
     other entities, as mutually agreed on by the affected 
     interests; and
       (E) ensure that any expenditure by the Secretary pursuant 
     to the agreement is determined by the Secretary to be in the 
     public interest; and
       (2) the Secretary may require such other terms and 
     conditions as are necessary to protect the public investment 
     on non-Federal lands, provided such terms and conditions are 
     mutually agreed to by the Secretary and other landowners, 
     State and local governments or both.
       (d) Reporting Requirements.--Not later than December 31, 
     1999, the Secretary shall submit a report to the Committees 
     on Appropriations of the House and Senate, which contains--
       (1) A concise description of each project, including the 
     project purpose, location on federal and non-federal land, 
     key activities, and all parties to the agreement.
       (2) the funding and/or other contributions provided by each 
     party for each project agreement.
       Sec. 324. (a) In providing services or awarding financial 
     assistance under the National Foundation on the Arts and the 
     Humanities Act of 1965 from funds appropriated under this 
     Act, the Chairperson of the National Endowment for the Arts 
     shall ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that serve underserved populations.
       (b) In this section:
       (1) The term ``underserved population'' means a population 
     of individuals who have historically been outside the purview 
     of arts and humanities programs due to factors such as a high 
     incidence of income below the poverty line or to geographic 
     isolation.
       (2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2)) applicable to a 
     family of the size involved.
       (c) In providing services and awarding financial assistance 
     under the National Foundation on the Arts and Humanities Act 
     of 1965 with funds appropriated by this Act, the Chairperson 
     of the National Endowment for the Arts shall ensure that 
     priority is given to providing services or awarding financial 
     assistance for projects, productions, workshops, or programs 
     that will encourage public knowledge, education, 
     understanding, and appreciation of the arts.
       (d) With funds appropriated by this Act to carry out 
     section 5 of the National Foundation on the Arts and 
     Humanities Act of 1965--
       (1) the Chairperson shall establish a grant category for 
     projects, productions, workshops, or programs that are of 
     national impact or availability or are able to tour several 
     States;
       (2) the Chairperson shall not make grants exceeding 15 
     percent, in the aggregate, of such funds to any single State, 
     excluding grants made under the authority of paragraph (1);
       (3) the Chairperson shall report to the Congress annually 
     and by State, on grants awarded by the Chairperson in each 
     grant category under section 5 of such Act; and
       (4) the Chairperson shall encourage the use of grants to 
     improve and support community-based music performance and 
     education.
       Sec. 325. None of the funds in this Act may be used for 
     planning, design or construction of improvements 
     to Pennsylvania Avenue in front of the White House without 
     the advance approval of the House and Senate Committees on 
     Appropriations.
       Sec. 326. Notwithstanding the provisions of section 1010(b) 
     of the Commemorative Works Act (40 U.S.C. 1001 et seq.), the 
     legislative authority for the international memorial to honor 
     the victims of communism, authorized under section 905 of 
     Public Law 103-199 (107 Stat. 2331), shall expire December 
     17, 2007.
       Sec. 327. Section 101(c) of Public Law 104-134, as amended, 
     is further amended as follows: Under the heading ``Title 
     III--General Provisions'' amend section 315(f) (16 U.S.C. 
     460l-6a note) by striking ``September 30, 1999'' after the 
     words ``and end on'' and inserting ``September 30, 2001'' and 
     striking ``September 30, 2002'' after the words ``remain 
     available through'' and inserting ``September 30, 2004''.
       Sec. 328. Notwithstanding any other provision of law, none 
     of the funds in this Act may be used to enter into any new or 
     expanded self-determination contract or grant or self-
     governance compact pursuant to the Indian Self-Determination 
     Act of 1975, as amended, for any activities not previously 
     covered by such contracts, compacts or grants. Nothing in 
     this section precludes the continuation of those specific 
     activities for which self-determination and self-governance 
     contracts, compacts and grants currently exist or the renewal 
     of contracts, compacts and grants for those activities; 
     implementation of section 325 of Public Law 105-83 (111 Stat. 
     1597); or compliance with 25 U.S.C. 2005.
       Sec. 329. (a) Prohibition on Timber Purchaser Road 
     Credits.--In financing any forest development road pursuant 
     to section 4 of Public Law 88-657 (16 U.S.C. 535, commonly 
     known as the National Forest Roads and Trails Act), the 
     Secretary of Agriculture may not provide effective credit for 
     road construction to any purchaser of national forest timber 
     or other forest products.
       (b)(1) Construction of Roads by Timber Purchasers.--
     Whenever the Secretary of Agriculture makes a determination 
     that a forest development road referred to in subsection (a) 
     shall be constructed or paid for, in whole or in part, by a 
     purchaser of national forest timber or other forest products, 
     the Secretary shall include notice of the determination in 
     the notice of sale of the timber or other forest products. 
     The notice of sale shall contain, or announce the 
     availability of, sufficient information related to the road 
     described in the notice to permit a prospective bidder on the 
     sale to calculate the likely cost that would be incurred by 
     the bidder to construct or finance the construction of the 
     road so that the bidder may reflect such cost in the bid.
       (2) If there is an increase or decrease in the cost of 
     roads constructed by the timber purchaser, caused by 
     variations in quantities, changes or modifications subsequent 
     to the sale of timber made in accordance with applicable 
     timber sale contract provisions, then an adjustment to the 
     price paid for timber harvested by the purchaser shall be 
     made. The adjustment shall be applied by the Secretary as 
     soon as practicable after any such design change is 
     implemented.
       (c) Special Election by Small Business Concerns.--(1) A 
     notice of sale referred to in subsection (b) containing 
     specified road construction of $50,000 or more, shall give a 
     purchaser of national forest timber or other forest products 
     that qualifies as a ``small business concern'' under the 
     Small Business Act (15 U.S.C. 631 et seq.), and regulations 
     issued thereunder, the option to elect that the Secretary of 
     Agriculture build the roads described in the notice. The 
     Secretary shall provide the small business concern with an 
     estimate of the cost that would be incurred by the Secretary 
     to construct the roads on behalf of the small business 
     concern. The notice of sale shall also include the date on 
     which the roads described in the notice will be completed by 
     the Secretary if the election is made.
       (2) If the election referred to in paragraph (1) is made, 
     the purchaser of the national forest timber or other forest 
     products shall pay to the Secretary of Agriculture, in 
     addition to the price paid for the timber or other forest 
     products, an amount equal to the estimated cost of the roads 
     which otherwise would be paid by the purchaser as provided in 
     the notice of sale. Pending receipt of such amount, the 
     Secretary may use receipts from the sale of national forest 
     timber or other forest products and such additional sums as 
     may be appropriated for the construction of roads, such funds 
     to be available until expended, to accomplish the requested 
     road construction.
       (d) Post Construction Harvesting.--In each sale of national 
     forest timber or other forest products referred to in this 
     section, the Secretary of Agriculture is encouraged to 
     authorize harvest of the timber or other forest products in a 
     unit included in the sale as soon as road work for that unit 
     is completed and the road work is approved by the Secretary.
       (e) Construction Standard.--For any forest development road 
     that is to be constructed or paid for by a purchaser of 
     national forest timber or other forest products, the 
     Secretary of Agriculture may not require the purchaser to 
     design, construct, or maintain the road (or pay for the 
     design, construction, or maintenance of the road) to a 
     standard higher than the standard, consistent with applicable 
     environmental laws

[[Page H11123]]

     and regulations, that is sufficient for the harvesting and 
     removal of the timber or other forest products, unless the 
     Secretary bears that part of the cost necessary to meet the 
     higher standard.
       (f) Treatment of Road Value.--For any forest development 
     road that is constructed or paid for by a purchaser of 
     national forest timber or other forest products, the 
     estimated cost of the road construction, including subsequent 
     design changes, shall be considered to be money received for 
     purposes of the payments required to be made under the sixth 
     paragraph under the heading ``FOREST SERVICE'' in the Act of 
     May 23, 1908 (35 Stat. 260, 16 U.S.C. 500), and section 13 of 
     the Act of March 1, 1911 (35 Stat. 963; commonly known as the 
     Weeks Act; 16 U.S.C. 500). To the extent that the appraised 
     value of road construction determined under this subsection 
     reflects funds contributed by the Secretary of Agriculture to 
     build the road to a higher standard pursuant to subsection 
     (e), the Secretary shall modify the appraisal of the road 
     construction to exclude the effect of the Federal funds.
       (g) Effective Date.--(1) This section and the requirements 
     of this section shall take effect (and apply thereafter) upon 
     the earlier of--
       (A) April 1, 1999; or
       (B) the date that is the later of--
       (i) the effective date of regulations issued by the 
     Secretary of Agriculture to implement this section; and
       (ii) the date on which new timber sale contract provisions 
     designed to implement this section, that have been published 
     for public comment, are approved by the Secretary.
       (2) Notwithstanding paragraph (1), any sale of national 
     forest timber or other forest products for which notice of 
     sale is provided before the effective date of this section, 
     and any effective purchaser road credit earned pursuant to a 
     contract resulting from such a notice of sale or otherwise 
     earned before that effective date shall remain in effect, and 
     shall continue to be subject to section 4 of Public Law 88-
     657 and section 14(i) of the National Forest Management Act 
     of 1976 (16 U.S.C. 472a(i)), and rules issued thereunder, as 
     in effect on the day before the date of the enactment of this 
     Act.
       Sec. 330. Section 6(b)(1)(B)(iii) of the National 
     Foundation on the Arts and Humanities Act of 1965 (20 U.S.C. 
     955(b)(1)(B)(iii)) is amended by striking ``One'' and 
     inserting ``Two''.
       Sec. 331. Section 401(f) of Public Law 105-83 (111 Stat. 
     1610) is hereby amended by striking ``1998'' and inserting in 
     lieu thereof ``1999''.
       Sec. 332. Amounts deposited during fiscal year 1998 in the 
     roads and trails fund provided for in the fourteenth 
     paragraph under the heading ``FOREST SERVICE'' of the Act of 
     March 4, 1913 (37 Stat. 843; 16 U.S.C. 501), shall be used by 
     the Secretary of Agriculture, without regard to the State in 
     which the amounts were derived, to repair or reconstruct 
     roads, bridges, and trails on National Forest System lands or 
     to carry out and administer projects to improve forest health 
     conditions, which may include the repair or reconstruction of 
     roads, bridges, and trails on National Forest System lands in 
     the wildland-community interface where there is an abnormally 
     high risk of fire. The projects shall emphasize reducing 
     risks to human safety and public health and property and 
     enhancing ecological functions, long-term forest 
     productivity, and biological integrity. The Secretary shall 
     commence the projects during fiscal year 1999, but the 
     projects may be completed in a subsequent fiscal year. Funds 
     shall not be expended under this section to replace funds 
     which would otherwise appropriately be expended from the 
     timber salvage sale fund. Nothing in this section shall be 
     construed to exempt any project from any environmental law.
       Sec. 333. Section 5 of the Arts and Artifacts Indemnity Act 
     (20 U.S.C. 974) is amended--
       (1) in subsection (b) by striking ``$3,000,000,000'' and 
     inserting ``$5,000,000,000'';
       (2) in subsection (c) by striking ``$300,000,000'' and 
     inserting ``$500,000,000'';
       (3) by striking ``or'' at the end of subsection (d)(4);
       (4) in subsection (d)(5) by striking ``$200,000,000 or 
     more'' and inserting ``not less than $200,000,000 but less 
     than $300,000,000'' and by striking the final period and 
     inserting a semicolon; and
       (5) by inserting the following two new subsections after 
     subsection (d)(5):
       ``(6) not less than $300,000,000 but less than 
     $400,000,000, then coverage under this chapter shall extend 
     only to loss or damage in excess of the first $300,000 of 
     loss or damage to items covered; or
       ``(7) $400,000,000 or more, then coverage under this 
     chapter shall extend only to loss or damage in excess of the 
     first $400,000 of loss or damage to items covered.''.
       Sec. 334. Tulare Conveyance. (a) In General.--Subject to 
     subsections (c) and (d), all conveyances to the Redevelopment 
     Agency of the City of Tulare, California, of lands described 
     in subsection (b), heretofore or hereafter, made directly by 
     the Southern Pacific Transportation Company, or its 
     successors, are hereby validated to the extent that the 
     conveyances would be legal or valid if all right, title, and 
     interest of the United States, except minerals, were held by 
     the Southern Pacific Transportation Company.
       (b) Lands Described.--The lands referred to in subsection 
     (a) are the parcels shown on the map entitled ``Tulare 
     Redevelopment Agency-Railroad Parcels Proposed to be 
     Acquired'', dated May 29, 1997, that formed part of a 
     railroad right-of-way granted to the Southern Pacific 
     Railroad Company, or its successors, agents, or assigns, by 
     the Federal Government (including the right-of-way approved 
     by an Act of Congress on July 27, 1866). The map referred to 
     in this subsection shall be on file and available for public 
     inspection in the offices of the Director of the Bureau of 
     Land Management.
       (c) Preservation of Existing Rights of Access.--Nothing in 
     this section shall impair any existing rights of access in 
     favor of the public or any owner of adjacent lands over, 
     under or across the lands which are referred to in subsection 
     (a).
       (d) Minerals.--The United States disclaims any and all 
     right of surface entry to the mineral estate of lands 
     described in subsection (b).
       Sec. 335. The final set of maps entitled ``Coastal Barrier 
     Resources System'', dated ``October 24, 1990, revised 
     November 12, 1996'', and relating to the following units of 
     the Coastal Barrier Resources System: P04A, P05/P05P; P05A/
     P05AP, FL-06P; P10/P10P; P11; P11AP; P11A; P18/P18P; P25/
     P25P; and P32/P32P (which set of maps were created by the 
     Department of the Interior to comply with section 220 of 
     Public Law 104-333, 110 Stat. 4115, and notice of which was 
     published in the Federal Register on May 28, 1997) shall have 
     the force and effect of law and replace and substitute for 
     any other inconsistent Coastal Barrier Resource System map in 
     the possession of the Department of the Interior. This 
     provision is effective immediately upon enactment of this Act 
     and the Secretary of the Interior or his designee shall 
     immediately make this ministerial substitution.
       Sec. 336. Section 405(c)(2) of the Indian Health Care 
     Improvement Act (42 U.S.C. 1645(c)(2)) is amended by striking 
     ``September 30, 1998'' and inserting ``September 30, 2000''.
       Sec. 337. Section 3003 of the Petroleum Overcharge 
     Distribution and Restitution Act of 1986 (15 U.S.C. 4502) is 
     amended by adding after subsection (d) the following new 
     subsection:
       ``(e) Subsections (b), (c), and (d) of this section are 
     repealed, and any rights that may have arisen are 
     extinguished, on the date of the enactment of the Department 
     of the Interior and Related Agencies Appropriations Act, 
     1999. After that date, the amount available for direct 
     restitution to current and future refined petroleum product 
     claimants under this Act is reduced by the amounts specified 
     in title II of that Act as being derived from amounts held in 
     escrow under section 3002(d). The Secretary shall assure that 
     the amount remaining in escrow to satisfy refined petroleum 
     product claims for direct restitution is allocated equitably 
     among the claimants.''.
       Sec. 338. Section 123(a)(2)(C) of the Department of the 
     Interior and Related Agencies Appropriations Act, 1998 (111 
     Stat. 1566), is amended by striking ``self-regulated tribes 
     such as''.
       Sec. 339. (a) Restriction on Federal Management Under Title 
     VIII of the Alaska National Interest Lands Conservation 
     Act.--
       (1) Notwithstanding any other provision of law, hereafter 
     neither the Secretary of the Interior nor the Secretary of 
     Agriculture may, prior to December 1, 2000, implement or 
     enforce any final rule, regulation, or policy pursuant to 
     title VIII of the Alaska National Interest Lands Conservation 
     Act to manage and to assert jurisdiction, authority, or 
     control over land, water, and wildlife, in Alaska for 
     subsistence uses, except within--
       (A) areas listed in 50 C.F.R. 100.3(b) (October 1, 1998) 
     and
       (B) areas constituting ``public land or public lands'' 
     under the definition of such term found at 50 C.F.R. 100.4 
     (October 1, 1998).
       (2) The areas in subparagraphs (A) and (B) of paragraph (1) 
     shall only be construed to mean those public land which as of 
     October 1, 1998, were subject to federal management for 
     subistence uses pursuant to Title VIII of the Alaska National 
     Interest Lands Conservation Act.
       (b) Subsection (a) Repealed.--
       (1) The Secretary of the Interior shall certify before 
     October 1, 1999, if a bill or resolution has been passed by 
     the Alaska State Legislature to amend the Constitution of the 
     State of Alaska that, if approved by the electorate, would 
     enable the implementation of state laws of general 
     applicability consistent with, and which provide for the 
     definition, preference, and participation specified in 
     sections 803, 804, and 805 of the Alaska National Interest 
     Lands Conservation Act.
       (2) Subsection (a) shall be repealed on October 1, 1999, 
     unless prior to that date the Secretary of the Interior makes 
     such a certification described in paragraph (1).
       (c) Technical Amendments to the Alaska National Interest 
     Lands Conservation Act.--Section 805 of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3115) is amended--
       (1) in subsection (a) by striking ``one year after the date 
     of enactment of this Act,''
       (2) in subsection (d) by striking ``within one year from 
     the date of enactment of this Act,''.
       (d) Effect on Tidal and Submerged Land.--Nothing in this 
     section invalidates, validates, or in any other way affects 
     any claim of the State of Alaska to title to any tidal or 
     submerged land in Alaska.
       Sec. 340. None of the funds made available in this Act may 
     be used to establish a national wildlife refuge in the 
     Kankakee River watershed in northwestern Indiana and 
     northeastern Illinois.
       Sec. 341. Upon the condition that Skamania County conveys 
     title acceptable to the Secretary of Agriculture to all 
     right, title and interest in lands identified on a map dated 
     September 29, 1998 entitled ``Skamania County Lands to be 
     Transferred'', such lands being located on Table Mountain 
     lying within the Columbia River Gorge National Scenic Area, 
     there is hereby conveyed to Skamania County, notwithstanding 
     any other provision of law, the Wind River Nursery Site lands 
     and facilities and all interests therein, except for the 
     corridor of the Pacific Crest National Scenic Trail, as 
     depicted on a map dated September 29, 1998, entitled ``Wind 
     River Conveyance'', which is on file and available for public 
     inspection in the Office of the Chief, USDA Forest Service, 
     Washington, D.C.

[[Page H11124]]

       The conveyance of lands to Skamania County shall become 
     automatically effective upon a determination by the Secretary 
     that Skamania County has conveyed acceptable title to the 
     United States to the Skamania County lands. Lands conveyed to 
     the United States shall become part of the Gifford Pinchot 
     National Forest and shall have the status of lands acquired 
     under the Act of March 1, 1911, (commonly called the Weeks 
     Act) and shall be managed in accordance with the laws and 
     regulations applicable to the National Forest System.
       Sec. 342. (a) Boundary Adjustments.--
       (1) Lake chelan national recreation area.--The boundary of 
     the Lake Chelan National Recreation Area, established by 
     section 202 of Public Law 90-544 (16 U.S.C. 90a-1), is hereby 
     adjusted to exclude a parcel of land and waters consisting of 
     approximately 88 acres, as depicted on the map entitled 
     ``Proposed Management Units, North Cascades, Washington'', 
     numbered NP-CAS-7002A, originally dated October 1967, and 
     revised July 13, 1994.
       (2) Wenatchee national forest.--The boundary of the 
     Wenatchee National Forest is hereby adjusted to include the 
     parcel of land and waters described in paragraph (1).
       (3) Availability of map.--The map referred to in paragraph 
     (1) shall be on file and available for public inspection in 
     the offices of the superintendent of the Lake Chelan National 
     Recreation Area and the Director of the National Park 
     Service, Department of the Interior, and in the office of the 
     Chief of the Forest Service, Department of Agriculture.
       (b) Transfer of Administrative Jurisdiction.--
     Administrative jurisdiction over Federal land and waters in 
     the parcel covered by the boundary adjustments in subsection 
     (a) is transferred from the Secretary of the Interior to the 
     Secretary of Agriculture, and the transferred land and waters 
     shall be managed by the Secretary of Agriculture in 
     accordance with the laws and regulations pertaining to the 
     National Forest System.
       (c) Land and Water Conservation Fund.--For purposes of 
     section 7 of the Land and Water Conservation Fund Act of 1965 
     (16 U.S.C. 460l-9), the boundaries of the Wenatchee National 
     Forest, as adjusted by subsection (a), shall be considered to 
     be the boundaries of the Wenatchee National Forest as of 
     January 1, 1965.
       Sec. 343. Hardwood Technology Transfer and Applied 
     Research. (a) The Secretary of Agriculture (hereinafter the 
     ``Secretary'') is hereby authorized to conduct technology 
     transfer and development, training, dissemination of 
     information and applied research in the management, 
     processing and utilization of the hardwood forest resource. 
     This authority is in addition to any other authorities which 
     may be available to the Secretary including, but not limited 
     to, the Cooperative Forestry Assistance Act of 1978, as 
     amended (16 U.S.C. 2101 et. seq.), and the Forest and 
     Rangeland Renewable Resources Act of 1978, as amended (16 
     U.S.C. 1600-1614).
       (b) In carrying out this authority, the Secretary may enter 
     into grants, contracts, and cooperative agreements with 
     public and private agencies, organizations, corporations, 
     institutions and individuals. The Secretary may accept 
     gifts and donations pursuant to the Act of October 10, 
     1978 (7 U.S.C. 2269) including gifts and donations from a 
     donor that conducts business with any agency of the 
     Department of Agriculture or is regulated by the Secretary 
     of Agriculture.
       (c) The Secretary is authorized, on such terms and 
     conditions as the Secretary may prescribe, to assume all 
     rights, title, and interest, including all outstanding 
     assets, of the Robert C. Byrd Hardwood Technology Center, 
     Inc. (hereinafter the ``Center''), a non-profit corporation 
     existing under the laws of the State of West Virginia: 
     Provided, That the Board of Directors of the Center requests 
     such an action and dissolves the corporation consistent with 
     the Articles of Incorporation and the laws of the State of 
     West Virginia.
       (d) The Secretary is authorized to operate and utilize the 
     assets of the Center as part of a newly formed ``Institute of 
     Hardwood Technology Transfer and Applied Research'' 
     (hereinafter the ``Institute''). The Institute, in addition 
     to the Center, will consist of a Director, technology 
     transfer specialists from State and Private Forestry, the 
     Forestry Sciences Laboratory in Princeton, West Virginia, and 
     any other organizational unit of the Department of 
     Agriculture as the Secretary deems appropriate. The overall 
     management of the Institute will be the responsibility of the 
     USDA Forest Service, State and Private Forestry.
       (e) The Secretary is authorized to generate revenue using 
     the authorities provided herein. Any revenue received as part 
     of the operation of the Institute shall be deposited into a 
     special fund in the Treasury of the United States, known as 
     the ``Hardwood Technology Transfer and Applied Research 
     Fund'', which shall be available to the Secretary until 
     expended, without further appropriation, in furtherance of 
     the purposes of this section, including upkeep, management, 
     and operation of the Institute and the payment of salaries 
     and expenses.
       (f) There are hereby authorized to be appropriated such 
     sums as necessary to carry out the provisions of this 
     section.
       Sec. 344. Notwithstanding the requirements of section 
     1203(a) of Public Law 99-662 [100 Stat. 4263], the non-
     Federal share of the cost of correcting the spillway 
     deficiency at Beach City Lake, Muskingum River Basin, Ohio, 
     shall not exceed $141,000.
       Sec. 345. Notwithstanding section 343 of Public Law 105-83, 
     increases in recreation residence fees on the Sawtooth 
     National Forest shall be implemented in fiscal year 1999 only 
     to the extent that such fee increases do not exceed 25 
     percent.
       Sec. 346. Section 7 of the Granger-Thye Act of April 24, 
     1950 is amended by deleting the words ``recondition and 
     maintain,'' substituting in lieu thereof the words 
     ``renovate, recondition, improve, and maintain''.
       Sec. 347. Stewardship End Result Contracting Demonstration 
     Project. (a) In General.--Until September 30, 2002, the 
     Forest Service may enter into no more than twenty-eight (28) 
     contracts with private persons and entities, of which Region 
     One of the Forest Service shall have the authority to enter 
     into nine (9) such contracts, to perform services to achieve 
     land management goals for the national forests that meet 
     local and rural community needs.
       (b) Land Management Goals.--The land management goals of a 
     contract under subsection (a) may include, among other 
     things--
       (1) road and trail maintenance or obliteration to restore 
     or maintain water quality;
       (2) soil productivity, habitat for wildlife and fisheries, 
     or other resource values;
       (3) setting of prescribed fires to improve the composition, 
     structure, condition, and health of stands or to improve 
     wildlife habitat;
       (4) noncommercial cutting or removing of trees or other 
     activities to promote healthy forest stands, reduce fire 
     hazards, or achieve other non-commercial objectives;
       (5) watershed restoration and maintenance;
       (6) restoration and maintenance of wildlife and fish 
     habitat; and
       (7) control of noxious and exotic weeds and reestablishing 
     native plant species.
       (c) Contracts.--
       (1) Procurement procedure.--A source for performance of a 
     contract under subsection (a) shall be selected on a best-
     value basis, including consideration of source under other 
     public and private contracts.
       (2) Term.--A multiyear contract may be entered into under 
     subsection (a) in accordance with section 304B of the Federal 
     Property and Administrative Services Act of 1949 (41 U.S.C. 
     254c), except that the period of the contract may exceed 5 
     years but may not exceed 10 years.
       (3) Offsets.--
       (A) In general.--In connection with contracts under 
     subsection (a), the Forest Service may apply the value of 
     timber or other forest products removed as an offset against 
     the cost of services received.
       (B) Methods of appraisal.--The value of timber or other 
     forest products used as offsets under subparagraph (A)--
       (i) shall be determined using appropriate methods of 
     appraisal commensurate with the quantity of products to be 
     removed;
       (ii) may be determined using a unit of measure appropriate 
     to the contracts; and
       (iii) may include valuing products on a per-acre basis.
       (4) Relation to other laws.--The Forest Service may enter 
     into contracts under subsection (a), notwithstanding 
     subsections (d) and (g) of section 14 of the National Forest 
     Management Act of 1976 (16 U.S.C. 472a).
       (d) Receipts.--
       (1) In general.--The Forest Service may collect monies from 
     a contract under subsection (a) so long as such collection is 
     a secondary objective of negotiating contracts that will best 
     achieve the purposes of this section.
       (2) Use.--Monies from a contract under subsection (a) may 
     be retained by the Forest Service and shall be available for 
     expenditure without further appropriation at the 
     demonstration project site from which the monies are 
     collected or at another demonstration project site.
       (3) Relation to other laws.--The value of services received 
     by the Secretary under a stewardship contract project 
     conducted under this section, and any payments made or 
     resources provided by the contractor or the Secretary under 
     such a project, shall not be considered to be monies received 
     from the National Forest System under any provision of law. 
     The Act of June 9, 1930 (16 U.S.C. 576 et seq.; commonly 
     known as the Knutson-Vandenberg Act), shall not apply to 
     stewardship contracts entered into under this section.
       (e) Costs of Removal.--The Forest Service may collect 
     deposits from contractors covering the costs of removal of 
     timber or other forest products pursuant to the Act of August 
     11, 1916 (39 Stat. 462, chapter 313; 16 U.S.C. 490); and the 
     next to the last paragraph under the heading ``Forest 
     Service.'' under the heading ``Department of Agriculture'' in 
     the Act of June 30, 1914 (38 Stat. 430, chapter 131; 16 
     U.S.C. 498); notwithstanding the fact that the timber 
     purchasers did not harvest the timber.
       (f) Performance and Payment Guarantees.--
       (1) In general.--The Forest Service may require performance 
     and payment bonds, in accordance with sections 103-2 and 103-
     2 of part 28 of the Federal Acquisition Regulation (48 C.F.R. 
     28.103-2, 28.103-3), in an amount that the contracting 
     officer considers sufficient to protect the Government's 
     investment in receipts generated by the contractor from the 
     estimated value of the forest products to be removed under 
     contract under subsection (a).
       (2) Excess offset value.--If the offset value of the forest 
     products exceeds the value of the resource improvement 
     treatments, the Forest Service may--
       (A) collect any residual receipts pursuant to the Act of 
     June 9, 1930 (46 Stat. 527, chapter 416; 16 U.S.C. 576b); and
       (B) apply the excess to other authorized stewardship 
     demonstration projects.
       (g) Monitoring, Evaluation and Reporting.--The Forest 
     Service shall establish a multiparty monitoring and 
     evaluation process that accesses each individual stewardship 
     contract conducted under this section. Besides the Forest 
     Service, participants in this process may include any 
     cooperating governmental agencies, including tribal 
     governments, and any interested groups or individuals. The 
     Forest Service

[[Page H11125]]

     shall report annually to the Committee on Appropriations of 
     the House of Representatives and the Committee on 
     Appropriations of the Senate on--
       (1) the status of development, execution, and 
     administration of contracts under subsection (a);
       (2) the specific accomplishments that have resulted; and
       (3) the role of local communities in development of 
     contract plans.
       Sec. 348. The Forest Service and the Federal Highway 
     Administration shall make available to the State of Utah, 
     $15,000,000 for construction of the Trappers Loop connector 
     road. Such funds shall be made available from the Federal 
     Land Highway Program, Public Lands Highways (Forests) funds. 
     Such funds shall be made available prior to computation and 
     aggregation of the state shares of such funds for other 
     projects.
       Sec. 349. Protection of Sanctity of Contracts and Leases of 
     Surface Patent Holders With Respect to Coalbed Methane Gas. 
     (a) In General.--Subject to subsection (b), the United States 
     shall recognize as not infringing upon any ownership rights 
     of the United States to coalbed methane any--
       (1) contract or lease covering any land that was conveyed 
     by the United States under the Act entitled ``An Act for the 
     protection of surface rights of entrymen'', approved March 3, 
     1909 (30 U.S.C. 81), or the Act entitled ``An Act to provide 
     for agricultural entries on coal lands'', approved June 22, 
     1910 (30 U.S.C. 83 et seq.), that was--
       (A) entered into by a person who has title to said land 
     derived under said Acts, and
       (B) that conveys rights to explore for, extract, and sell 
     coalbed methane from said land; or
       (2) coalbed methane production from the lands described in 
     subsection (a)(1) by a person who has title to said land and 
     who, on or before the date of enactment of this Act, has 
     filed an application with the State oil and gas regulating 
     agency for a permit to drill an oil and gas well to a 
     completion target located in a coal formation.
       (b) Application.--Subsection (a)
       (1) shall apply only to a valid contract or lease described 
     in subsection (a) that is in effect on the date of enactment 
     of this Act;
       (2) shall not otherwise change the terms or conditions of, 
     or affect the rights or obligations of any person under such 
     a contract or lease;
       (3) shall apply only to land with respect to which the 
     United States is the owner of coal reserved to the United 
     States in a patent issued under the Act of March 3, 1909 (30 
     U.S.C. 81), or the Act of June 22, 1910 (30 U.S.C. et seq.), 
     the position of the United States as the owner of the coal 
     not having passed to a third party by deed, patent or other 
     conveyance by the United States;
       (4) shall not apply to any interest in coal or land 
     conveyed, restored, or transferred by the United States to a 
     federally recognized Indian tribe, including any conveyance, 
     restoration, or transfer made pursuant to the Indian 
     Recorganization Act, June 18, 1934 (c. 576, 48 Stat. 984, as 
     amended); the Act of June 28, 1938, (c. 776, 52 Stat. 1209 as 
     implemented by the order of September 14, 1938, 3 Fed. Reg. 
     1425); and including the area described in Sec. 3 of P.L. 98-
     290; or any executive order;
       (5) shall not be construed to constitute a waiver of any 
     rights of the United States with respect to coalbed methane 
     production that is not subject to subsection (a);
       (6) shall not limit the right of any person who entered 
     into a contract or lease before the date of enactment of this 
     Act, or enters into a contract or lease on or after the date 
     of enactment of this Act, for coal owned by the United 
     States, to mine and remove the coal and to release coalbed 
     methane without liability to any person referred to in 
     subsection (a)(1)(A) or (a)(2).
       Sec. 350. No timber in Region 10 of the Forest Service 
     shall be advertised for sale which, when using domestic 
     Alaska western red cedar selling values and manufacturing 
     costs, fails to provide at least 60 percent of normal profit 
     and risk of the appraised timber, except at the written 
     request by a prospective bidder. Program accomplishments 
     shall be based on volume sold. Should Region 10 sell, in 
     fiscal year 1999, the annual average portion of the decadal 
     allowable sale quantity called for in the current Tongass 
     Land Management Plan which provides greater than 60 percent 
     of normal profit and risk at the time of the sale 
     advertisement, all of the western red cedar timber from those 
     sales which is surplus to the needs of domestic processors in 
     Alaska, shall be made available to domestic processors in the 
     contiguous 48 United States based on values in the 
     Pacific Northwest as determined by the Forest Service and 
     stated in the timber sale contract. Should Region 10 sell, 
     in fiscal year 1999, less than the annual average portion 
     of the decadal allowable sale quantity called for in the 
     current Tongass Land Management Plan meeting the 60 
     percent of normal profit and risk standard at the time of 
     sale advertisement, the volume of western red cedar timber 
     available to domestic processors at rates specified in the 
     timber sale contract in the contiguous 48 states shall be 
     that volume: (i) which is surplus to the needs of domestic 
     processors in Alaska; and (ii) is that percent of the 
     surplus western red cedar volume determined by calculating 
     the ratio of the total timber volume which has been sold 
     on the Tongass to the annual average portion of the 
     decadal allowable sale quantity called for in the current 
     Tongass Land Management Plan. The percentage shall be 
     calculated by Region 10 on a rolling basis as each sale is 
     sold. (For purposes of this amendment, a ``rolling basis'' 
     shall mean that the determination of how much western red 
     cedar is eligible for sale to various markets shall be 
     made at the time each sale is awarded.) Western red cedar 
     shall be deemed ``surplus to the needs of domestic 
     processors in Alaska'' when the timber sale holder has 
     presented to the Forest Service documentation of the 
     inability to sell western red cedar logs from a given sale 
     to domestic Alaska processors at a price equal to or 
     greater than the log selling value stated in the contract. 
     All additional western red cedar volume not sold to Alaska 
     or contiguous 48 United States domestic processors may be 
     exported to foreign markets at the election of the timber 
     sale holder. All Alaska yellow cedar may be sold at 
     prevailing export prices at the election of the timber 
     sale holder.
       Sec. 351. (a) Notwithstanding any other provision of law, 
     prior to September 30, 2001 the Indian Health Service may not 
     disburse funds for the provision of health care services 
     pursuant to Public Law 93-638 (25 U.S.C. 450 et seq.), with 
     any Alaska native village or Alaska Native village 
     corporation that is located within the area served by an 
     Alaska Native regional health entity.
       (b) Nothing in this section shall be construed to prohibit 
     the disbursal of funds to any Alaska Native village or Alaska 
     Native village corporation under any contract or compact 
     entered into prior to August 27, 1997, or to prohibit the 
     renewal of any such agreement.
       Sec. 352. None of the funds in this or any other Act shall 
     be expended in Fiscal Year 1999 by the Department of the 
     Interior, the Forest Service, or any other Federal agency for 
     the capture and physical relocation of grizzly bears in the 
     Selway-Bitteroot area of Idaho and adjacent Montana. Nothing 
     in this section shall prohibit the Department of the 
     Interior, the Forest Service, or any other Federal agency 
     from using funds to produce a final environmental impact 
     statement that will include an analysis of the habitat based 
     population viability study completed in 1998, receive public 
     comment on such final environmental impact statement, or 
     issue a Record of Decision.
       Sec. 353. King Cove Health and Safety. (a) Road on King 
     Cove Corporation Lands.--Of the funds appropriated in this 
     section, not later than 60 days after the date of enactment 
     of this Act, $20,000,000 shall be made available to the 
     Aleutians East Borough for the construction of an unpaved 
     road not more than 20 feet in width, a dock, and marine 
     facilities and equipment. Such road shall be constructed on 
     King Cove Corporation Lands and shall extend from King Cove 
     to such dock. The Aleutians East Borough, in consultation 
     with the State of Alaska, shall determine the appropriate 
     location of such dock and marine facilities. In no instance 
     may any part of such road, dock, marine facilities or 
     equipment enter or pass over any land within the 
     Congressionally-designated wilderness in the Izembek National 
     Wildlife Refuge (for purposes of this section, the lands 
     within the Refuge boundary already conveyed to the King Cove 
     Corporation are not within the wilderness area).
       (b) King Cove Air Strip.--Of the funds appropriated in this 
     section, not later than 180 days after the date of enactment 
     of this Act, the Secretary of the Interior shall make 
     available up to $15,000,000 to the State of Alaska for the 
     cost of improvements to the air strip at King Cove, Alaska, 
     including to enable jet aircraft with the capability of 
     flying non-stop between Anchorage, Alaska and King Cove, 
     Alaska to land and take off from such air strip.
       (c) King Cove Indian Health Service Facility.--Of the funds 
     appropriated in this section, not later than 60 days after 
     the enactment of this Act, the Secretary of Health and Human 
     Services shall make available $2,500,000 to the Indian Health 
     Service for the cost of new construction or improvements to 
     the clinic in King Cove, Alaska, and telemedicine and other 
     medical equipment for such clinic.
       (d) Applicability of Other Laws.--All actions undertaken 
     pursuant to this section must be in accordance with all other 
     applicable laws.
       (e) Appropriation.--In addition to funds in this or any 
     other Act, $37,500,000 is appropriated and shall remain 
     available until expended for the King Cove Health and Safety 
     projects specifically identified within this section.
       Sec. 354. (a) In General.--To reflect the intent of 
     Congress set forth in Public Law 98-396, section 4(a)(2) of 
     the Columbia River Gorge National Scenic Area Act (16 U.S.C. 
     544(a)(2)) is amended--
       (1) by striking ``(2) The boundaries'' and inserting the 
     following:
       ``(2) Boundaries.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the boundaries''; and
       (2) by adding at the end the following:
       ``(B) Exclusions.--The scenic area shall not include the 
     approximately 29 acres of land owned by the Port of Camas-
     Washougal in the South \1/2\ of Section 16, Township 1 North, 
     Range 4 East, and the North \1/2\ of Section 21, Township 1 
     North, Range 4 East, Willamete Meridian, Clark County, 
     Washington, that consists of--
       ``(i) the approximately 19 acres of Port land acquired from 
     the Corps of Engineers under the Second Supplemental 
     Appropriations Act, 1984 (Public Law 98-396); and
       ``(ii) the approximately 10 acres of adjacent Port land to 
     the west of the land described in clause (i).''.
       (b) Intent.--The amendment made by subsection (a)--
       (1) is intended to achieve the intent of Congress set forth 
     in Public Law 98-396; and
       (2) is not intended to set a precedent regarding adjustment 
     or amendment of any boundaries of the Columbia River Gorge 
     National Scenic Area or any other provisions of the 
     Columbia River Gorge National Scenic Area Act.
       Sec. 355. Section 5580 of the Revised Statutes (20 U.S.C. 
     42) is amended--
       (1) by inserting ``(a)'' before ``The business''; and
       (2) by adding at the end the following:
       ``(b) Notwithstanding any other provision of law, the Board 
     of Regents of the Smithsonian

[[Page H11126]]

     Institution may modify the number of members, manner of 
     appointment of members, or tenure of members, of the boards 
     or commissions under the jurisdiction of the Smithsonian 
     Institution, other than--
       ``(1) the Board of Regents of the Smithsonian Institution; 
     and
       ``(2) the boards or commissions of the National Gallery of 
     Art, the John F. Kennedy Center for the Performing Arts, and 
     the Woodrow Wilson International Center for Scholars.''.
       Sec. 356. (a) The Act entitled ``An Act to promote the 
     development of Indian arts and crafts and to create a board 
     to assist therein, and for other purposes'', approved August 
     27, 1935 (25 U.S.C. 305 et seq.), is amended by adding at the 
     end the following:
       ``Sec. 7. (a) Notwithstanding any other provision of law, 
     the Secretary of the Interior is directed to transfer all 
     right, title and interest in that portion of the Indian Arts 
     and Crafts Board art collection maintained permanently by the 
     Indian Arts and Crafts Board in Washington, District of 
     Columbia, to the Secretary of the Smithsonian Institution to 
     be a part of the collection of the National Museum of the 
     American Indian, subject to subsection (b). Transfer of the 
     collection and costs thereof shall be carried out in 
     accordance with terms, conditions, and standards mutually 
     agreed upon by the Secretary of the Interior and the 
     Secretary of the Smithsonian Institution.
       ``(b) The Indian Arts and Crafts Board shall retain a 
     permanent license to the use of images of the collection for 
     promotional, economic development, educational and related 
     nonprofit purposes. The Indian Arts and Crafts Board shall 
     not be required to pay any royalty or fee for such 
     license.''.
       (b) The Secretary of the Interior is authorized to use 
     funds appropriated in this Act under the heading `salaries 
     and expenses' under the heading `Departmental Management' for 
     the costs associated with the transfer of the collection.
       Sec. 357. None of the funds provided in this or any other 
     Act shall be available for the acquisition of lands or 
     interests in lands within the tract known as the Baca 
     Location No. 1 in New Mexico until such time as--
       (1) an appraisal is completed for such tract which conforms 
     with the Uniform Appraisal Standards for Federal Land 
     Acquisitions; and
       (2) legislation is enacted authorizing the acquisition of 
     lands or interests in lands within such tract.
       Sec. 358. The Federal building located at 15013 Denver West 
     Parkway, Golden, Colorado, and known as the National 
     Renewable Energy Laboratory Visitors Center, shall be known 
     and designated as the ``Dan Schaefer Federal Building''. Any 
     reference in a law, map, regulation, document, paper, or 
     other record of the United States to the United States court 
     house referred to in this provision shall be deemed to be a 
     reference to the ``Dan Schaefer Federal Building''. This 
     provision shall take effect on January 3, 1999.
       Sec. 359. The new Federal building under construction at 
     325 Broadway in Boulder, Colorado, shall be known and 
     designated as the ``David Skaggs Federal Building''. Any 
     reference in a law, map, regulation, document, paper, or 
     other record of the United States to the Federal building 
     referred to in this provision shall be deemed to be a 
     reference to the ``David Skaggs Federal Building''. This 
     provision shall take effect on January 3, 1999.
       Sec. 360. The Federal building located at 201 14th Street, 
     S.W. in Washington, D.C., shall be known and redesignated as 
     the ``Sidney R. Yates Federal Building''. Any reference in a 
     law, map, regulation, document, paper, or other record of the 
     United States to the Federal building referred to in this 
     provision shall be deemed to be a reference to the ``Sidney 
     R. Yates Federal Building''. This provision shall take effect 
     on January 3, 1999.
       Sec. 361. If all of the funding approved for release by the 
     Committees on September 3, 1998, pursuant to Title V--
     Priority Land Acquisitions, Land Exchanges, and Maintenance 
     in Public Law 105-83 is not apportioned to and made available 
     for obligation by the relevant land management agencies 
     within five days of the enactment of this Act, those funds 
     are rescinded.
       Sec. 362. Section 219 of the Federal Crop Insurance Reform 
     and Department of Agriculture Reorganization Act of 1994, 
     Public Law 103-354, 7 U.S.C. Sec. 6919, is hereby repealed.

                                TITLE IV

     THE HERGER-FEINSTEIN QUINCY LIBRARY GROUP FOREST RECOVERY ACT

       Sec. 401. Pilot Project for Plumas, Lassen, and Tahoe 
     National Forests to Implement Quincy Library Group Proposal. 
     (a) Definition.--For purposes of this section, the term 
     ``Quincy Library Group-Community Stability Proposal'' means 
     the agreement by a coalition of representatives of fisheries, 
     timber, environmental, county government, citizen groups, and 
     local communities that formed in northern California to 
     develop a resource management program that promotes ecologic 
     and economic health for certain Federal lands and communities 
     in the Sierra Nevada area. Such proposal includes the map 
     entitled ``QUINCY LIBRARY GROUP Community Stability 
     Proposal'', dated October 12, 1993, and prepared by VESTRA 
     Resources of Redding, California.
       (b) Pilot Project Required.--
       (1) Pilot project and purpose.--The Secretary of 
     Agriculture (in this section referred to as the 
     ``Secretary''), acting through the Forest Service and after 
     completion of an environmental impact statement (a record of 
     decision for which shall be adopted within 300 days), shall 
     conduct a pilot project on the Federal lands described in 
     paragraph (2) to implement and demonstrate the effectiveness 
     of the resource management activities described in subsection 
     (d) and the other requirements of this section, as 
     recommended in the Quincy Library Group-Community Stability 
     Proposal.
       (2) Pilot project area.--The Secretary shall conduct the 
     pilot project on the Federal lands within Plumas National 
     Forest, Lassen National Forest, and the Sierraville Ranger 
     District of Tahoe National Forest in the State of 
     California designated as ``Available for Group Selection'' 
     on the map entitled ``QUINCY LIBRARY GROUP Community 
     Stability Proposal'', dated October 12, 1993 (in this 
     section referred to as the ``pilot project area''). Such 
     map shall be on file and available for inspection in the 
     appropriate offices of the Forest Service.
       (c) Exclusion of Certain Lands, Riparian Protection and 
     Compliance.--
       (1) Exclusion.--All spotted owl habitat areas and protected 
     activity centers located within the pilot project area 
     designated under subsection (b)(2) will be deferred from 
     resource management activities required under subsection (d) 
     and timber harvesting during the term of the pilot project.
       (2) Riparian protection.--
       (A) In general.--The Scientific Analysis Team guidelines 
     for riparian system protection described in subparagraph (B) 
     shall apply to all resource management activities conducted 
     under subsection (d) and all timber harvesting activities 
     that occur in the pilot project area during the term of the 
     pilot project.
       (B) Guidelines described.--The guidelines referred to in 
     subparagraph (A) are those in the document entitled 
     ``Viability Assessments and Management Considerations for 
     Species Associated with Late-Successional and Old-Growth 
     Forests of the Pacific Northwest'', a Forest Service research 
     document dated March 1993 and co-authored by the Scientific 
     Analysis Team, including Dr. Jack Ward Thomas.
       (C) Limitation.--Nothing in this section shall be construed 
     to require the application of the Scientific Analysis Team 
     guidelines to any livestock grazing in the pilot project area 
     during the term of the pilot project, unless the livestock 
     grazing is being conducted in the specific location at which 
     the Scientific Analysis Team guidelines are being applied to 
     an activity under subsection (d).
       (3) Compliance.--All resource management activities 
     required by subsection (d) shall be implemented to the extent 
     consistent with applicable Federal law and the standards and 
     guidelines for the conservation of the California spotted owl 
     as set forth in the California Spotted Owl Sierran Provence 
     Interim Guidelines or the subsequently issued guidelines, 
     whichever are in effect.
       (4) Roadless area protection.--The Regional Forester for 
     Region 5 shall direct that any resource management activity 
     required by subsection (d)(1) and (2), all road building, all 
     timber harvesting activities, and any riparian management 
     under subsection (d)(4) that utilizes road construction or 
     timber harvesting shall not be conducted on Federal lands 
     within the Plumas National Forest, Lassen National Forest, 
     and the Sierraville Ranger District of the Tahoe National 
     Forest that are designated as either ``Off Base'' or 
     ``Deferred'' on the map referred to in subsection (a). Such 
     direction shall be effective during the term of the pilot 
     project.
       (d) Resource Management Activities.--During the term of the 
     pilot project, the Secretary shall implement and carry out 
     the following resource management activities on an acreage 
     basis on the Federal lands included within the pilot project 
     area designated under subsection (b)(2):
       (1) Fuelbreak construction.--Construction of a strategic 
     system of defensible fuel profile zones, including shaded 
     fuelbreaks, utilizing thinning, individual tree selection, 
     and other methods of vegetation management consistent with 
     the Quincy Library Group-Community Stability Proposal, on 
     not less than 40,000, but not more than 60,000, acres per 
     year.
       (2) Group selection and individual tree selection.--
     Utilization of group selection and individual tree selection 
     uneven-aged forest management prescriptions described in the 
     Quincy Library Group-Community Stability Proposal to achieve 
     a desired future condition of all-age, multistory, fire 
     resilient forests as follows:
       (A) Group selection.--Group selection on an average acreage 
     of .57 percent of the pilot project area land each year of 
     the pilot project.
       (B) Individual tree selection.--Individual tree selection 
     may also be utilized within the pilot project area.
       (3) Total acreage.--The total acreage on which resource 
     management activities are implemented under this subsection 
     shall not exceed 70,000 acres each year.
       (4) Riparian management.--A program of riparian management, 
     including wide protection zones and riparian restoration 
     projects, consistent with riparian protection guidelines in 
     subsection (c)(2)(B).
       (e) Cost-Effectiveness.--In conducting the pilot project, 
     Secretary shall use the most cost-effective means available, 
     as determined by the Secretary, to implement resource 
     management activities described in subsection (d).
       (f) Funding.--
       (1) Source of funds.--In conducting the pilot project, the 
     Secretary shall use, subject to the relevant reprogramming 
     guidelines of the House and Senate Committees on 
     Appropriations--
       (A) those funds specifically provided to the Forest Service 
     by the Secretary to implement resource management activities 
     according to the Quincy Library Group-Community Stability 
     Proposal; and
       (B) year-end excess funds that are allocated for the 
     administration and management of Plumas National Forest, 
     Lassen National Forest, and the Sierraville Ranger District 
     of Tahoe National Forest.
       (2) Prohibition on use of certain funds.--The Secretary may 
     not conduct the pilot project

[[Page H11127]]

     using funds appropriated for any other unit of the National 
     Forest System.
       (3) Flexibility.--Subject to normal reprogramming 
     guidelines, during the term of the pilot project, the forest 
     supervisors of Plumas National Forest, Lassen National 
     Forest, and Tahoe National Forest may allocate and use all 
     accounts that contain year-end excess funds and all available 
     excess funds for the administration and management of Plumas 
     National Forest, Lassen National Forest, and the Sierraville 
     Ranger District of Tahoe National Forest to perform the 
     resource management activities described in subsection (d).
       (4) Restriction.--The Secretary or the forest supervisors, 
     as the case may be, shall not utilize authority provided 
     under paragraphs (1)(B) and (3) if, in their judgment, doing 
     so will limit other nontimber related multiple use activities 
     for which such funds were available.
       (5) Overhead.--The Secretary shall seek to ensure that of 
     amounts available to carry out this section--
       (A) not more than 12 percent is used or allocated for 
     general administration or other overhead; and
       (B) at least 88 percent is used to implement and carry out 
     activities required by this section.
       (6) Authorized supplemental funds.--There are authorized to 
     be appropriated to implement and carry out the pilot project 
     such sums as are necessary.
       (7) Baseline funds.--Amounts available for resource 
     management activities authorized under subsection (d) shall 
     at a minimum include existing baseline funding levels.
       (g) Term of Pilot Project.--The Secretary shall conduct the 
     pilot project until the earlier of: (1) the date on which the 
     Secretary completes amendment or revision of the land and 
     resource management plans directed under and in compliance 
     with subsection (i) for the Plumas National Forest, Lassen 
     National Forest, and Tahoe National Forest; or (2) five years 
     after the date of the commencement of the pilot project.
       (h) Consultation.--(1) The statement required by subsection 
     (b)(1) shall be prepared in consultation with interested 
     members of the public, including the Quincy Library Group.
       (2) Contracting.--The Forest Service, subject to the 
     availability of appropriations, may carry out any (or all) of 
     the requirements of this section using private contracts.
       (i) Corresponding Forest Plan Amendments.--Within 2 years 
     after the date of the enactment of this Act, the Regional 
     Forester for Region 5 shall initiate the process to amend or 
     revise the land and resource management plans for Plumas 
     National Forest, Lassen National Forest, and Tahoe National 
     Forest. The process shall include preparation of at least one 
     alternative that--
       (1) incorporates the pilot project and area designations 
     made by subsection (b), the resource management activities 
     described in subsection (d), and other aspects of the Quincy 
     Library Group-Community Stability Proposal; and
       (2) makes other changes warranted by the analyses conducted 
     in compliance with section 102(2) of the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4332(2)), section 
     6 of the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1604), and other applicable laws.
       (j) Status Reports.--
       (1) In general.--Not later than February 28 of each year 
     during the term of the pilot project, the Secretary shall 
     submit to Congress a report on the status of the pilot 
     project. The report shall include at least the following:
       (A) A complete accounting of the use of funds made 
     available under subsection (f)(1)(A) until such funds are 
     fully expended.
       (B) A complete accounting of the use of funds and accounts 
     made available under subsection (f)(1) for the previous 
     fiscal year, including a schedule of the amounts drawn from 
     each account used to perform resource management activities 
     described in subsection (d).
       (C) A description of total acres treated for each of the 
     resource management activities required under subsection (d), 
     forest health improvements, fire risk reductions, water yield 
     increases, and other natural resources-related benefits 
     achieved by the implementation of the resource management 
     activities described in subsection (d).
       (D) A description of the economic benefits to local 
     communities achieved by the implementation of the pilot 
     project.
       (E) A comparison of the revenues generated by, and costs 
     incurred in, the implementation of the resource management 
     activities described in subsection (d) on the Federal lands 
     included in the pilot project area with the revenues and 
     costs during each of the fiscal years 1992 through 1997 
     for timber management of such lands before their inclusion 
     in the pilot project.
       (F) A proposed schedule for the resource management 
     activities to be undertaken in the pilot project area during 
     the 1-year period beginning on the date of submittal of the 
     report.
       (G) A description of any adverse environmental impacts from 
     the pilot project.
       (2) Limitation on expenditures.--The amount of Federal 
     funds expended on each annual report under this subsection 
     shall not exceed $125,000.
       (k) Final Report.--
       (1) In general.--The Secretary shall establish an 
     independent scientific panel to review and report on whether, 
     and to what extent, implementation of the pilot project under 
     this section achieved the goals stated in the Quincy Library 
     Group-Community Stability Proposal, including improved 
     ecological health and community stability. The membership of 
     the panel shall reflect expertise in diverse disciplines in 
     order to adequately address all of those goals.
       (2) Preparation.--The panel shall initiate such review no 
     sooner than 18 months after the first day of the term of the 
     pilot project under subsection (g). The panel shall prepare 
     the report in consultation with interested members of the 
     public, including the Quincy Library Group. The report shall 
     include, but not be limited to, the following:
       (A) A description of any adverse environmental impacts 
     resulting from implementation of the pilot project.
       (B) An assessment of watershed monitoring data on lands 
     treated pursuant to this section. Such assessment shall 
     address the following issues on a priority basis: timing of 
     water releases; water quality changes; and water yield 
     changes over the short- and long-term in the pilot project 
     area.
       (3) Submission to the congress.--The panel shall submit the 
     final report to the Congress as soon as practicable, but in 
     no case later than 18 months after completion of the pilot 
     project.
       (4) Limitation on expenditures.--The amount of Federal 
     funds expended for the report under this subsection, other 
     than for watershed monitoring, shall not exceed $350,000. The 
     amount of Federal funds expended for watershed monitoring 
     under this subsection shall not exceed $175,000 for each 
     fiscal year in which the report is prepared.
       (l) Relationship to Other Laws.--Nothing in this section 
     exempts the pilot project from any Federal environmental law.
       (m) Loans for Demonstration Projects for Wood Waste or Low-
     Quality Wood Byproducts.--
       (1) Evaluation of loan advisability.--The Alternative 
     Agricultural Research and Commercialization Corporation 
     established under section 1658 of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (7 U.S.C. 5902) (in this 
     section referred to as the ``Corporation'') shall evaluate 
     the advisability of making commercialization assistance loans 
     under section 1661 of such Act (7 U.S.C. 5905) to support a 
     minimum of 2 demonstration projects for the development and 
     demonstration of commercial application of technology to 
     convert wood waste or low-quality wood byproducts into 
     usable, higher value products.
       (2) Location of demonstration projects.--If the Corporation 
     determines to make loans under this subsection to support the 
     development and demonstration of commercial application of 
     technology to convert wood waste or low-quality wood 
     byproducts into usable, higher value products, the 
     Corporation shall consider making one loan with regard to 
     a demonstration project to be conducted in the pilot 
     project area and one loan with regard to a demonstration 
     project to be conducted in southeast Alaska.
       (3) Eligibility requirements.--To be eligible for a loan 
     under this subsection, a demonstration project shall be 
     required to satisfy the eligibility requirements imposed by 
     the Corporation under section 1661 of the Food, Agriculture, 
     Conservation, and Trade Act of 1990 (7 U.S.C. 5905).
       Sec. 402. Short Title. Section 401 of this title may be 
     cited as the ``Herger-Feinstein Quincy Library Group Forest 
     Recovery Act''.

             TITLE V--LAND BETWEEN THE LAKES PROTECTION ACT

     SEC. 501. SHORT TITLE.

       This title may be referred to as ``The Land Between the 
     Lakes Protection Act of 1998''.

     SEC. 502. DEFINITIONS.

       In this title:
       (1) Administrator.--The term ``Administrator'' means the 
     Administrator of the Environmental Protection Agency.
       (2) Advisory board.--The term ``Advisory Board'' means the 
     Land Between the Lakes Advisory Board established under 
     section 522.
       (3) Chairman.--The term ``Chairman'' means the Chairman of 
     the Board of Directors of the Tennessee Valley Authority.
       (4) Eligible employee.--The term ``eligible employee'' 
     means a person that was, on the date of transfer pursuant to 
     section 541, a full-time or part-time annual employee of the 
     Tennessee Valley Authority at the Recreation Area.
       (5) Environmental law.--
       (A) In general.--The term ``environmental law'' means all 
     applicable Federal, State, and local laws (including 
     regulations) and requirements related to protection of human 
     health, natural and cultural resources, or the environment.
       (B) Inclusions.--The term ``environmental law'' includes--
       (i) the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
       (ii) the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.);
       (iii) the Federal Water Pollution Control Act (33 U.S.C. 
     1251 et seq.);
       (iv) the Clean Air Act (42 U.S.C. 7401 et seq.);
       (v) the Federal Insecticide, Fungicide, and Rodenticide Act 
     (7 U.S.C. 136 et seq.);
       (vi) the Toxic Substances Control Act (15 U.S.C. 2601 et 
     seq.);
       (vii) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
       (viii) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.); and
       (ix) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.).
       (6) Forest highway.--The term ``forest highway'' has the 
     meaning given the term in section 101(a) of title 23, United 
     States Code.
       (7) Governmental unit.--The term ``governmental unit'' 
     means an agency of the Federal Government or a State or local 
     government, local governmental unit, public or municipal 
     corporation, or unit of a State university system.
       (8) Hazardous substance.--The term ``hazardous substance'' 
     has the meaning given the term in section 101 of the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601).

[[Page H11128]]

       (9) Person.--The term ``person'' has the meaning given the 
     term in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601).
       (10) Pollutant or contaminant.--The term ``pollutant or 
     contaminant'' has the meaning given the term in section 101 
     of the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (42 U.S.C. 9601).
       (11) Recreation area.--The term ``Recreation Area'' means 
     the Land Between the Lakes National Recreation Area.
       (12) Release.--The term ``release'' has the meaning given 
     the term in section 101 of the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601).
       (13) Response action.--The term ``response action'' has the 
     meaning given the term in section 101 of the Comprehensive 
     Environmental Response, Compensation, and Liability Act of 
     1980 (42 U.S.C. 9601).
       (14) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (15) State.--The term ``State'' means the State of Kentucky 
     and the State of Tennessee.

     SEC. 503. PURPOSES.

       The purposes of this title are--
       (1) to transfer without consideration administrative 
     jurisdiction over the Recreation Area from the Tennessee 
     Valley Authority to the Secretary so that the Recreation Area 
     may be managed as a unit of the National Forest System;
       (2) to protect and manage the resources of the Recreation 
     Area for optimum yield of outdoor recreation and 
     environmental education through multiple use management by 
     the Forest Service;
       (3) to authorize, research, test, and demonstrate 
     innovative programs and cost-effective management of the 
     Recreation Area;
       (4) to authorize the Secretary to cooperate between and 
     among the States, Federal agencies, private organizations, 
     and corporations, and individuals, as appropriate, in the 
     management of the Recreation Area and to help stimulate the 
     development of the surrounding region and extend the 
     beneficial results as widely as practicable; and
       (5) to provide for the smooth and equitable transfer of 
     jurisdiction from the Tennessee Valley Authority to the 
     Secretary.

      Subtitle A--Establishment, Administration, and Jurisdiction

     SEC. 511. ESTABLISHMENT.

       (a) In General.--On the transfer of administrative 
     jurisdiction under section 541, the Land Between the Lakes 
     National Recreation Area in the States of Kentucky and 
     Tennessee is established as a unit of the National Forest 
     System.
       (b) Management.--
       (1) In general.--The Secretary shall manage the Recreation 
     Area for multiple use as a unit of the National Forest 
     System.
       (2) Emphases.--The emphases in the management of the 
     Recreation Area shall be--
       (A) to provide public recreational opportunities;
       (B) to conserve fish and wildlife and their habitat; and
       (C) to provide for diversity of native and desirable non-
     native plants, animals, opportunities for hunting and 
     fishing, and environmental education.
       (3) Status of unit.--The Secretary may administer the 
     Recreation Area as a separate unit of the National Forest 
     System or in conjunction with an existing national forest.
       (c) Area Included.--
       (1) In general.--The Recreation Area shall comprise the 
     federally owned land, water, and interests in the land and 
     water lying between Kentucky Lake and Lake Barkley in the 
     States of Kentucky and Tennessee, as generally depicted on 
     the map entitled ``Land Between the Lakes National Recreation 
     Area--January, 1998''.
       (2) Map.--The map described in paragraph (1) shall be 
     available for public inspection in the Office of the Chief of 
     the Forest Service, Washington, D.C.
       (d) Waters.--
       (1) Water levels and navigation.--Nothing in this title 
     affects the jurisdiction of the Tennessee Valley Authority or 
     the Army Corps of Engineers to manage and regulate water 
     levels and navigation of Kentucky Lake and Lake Barkley and 
     areas subject to flood easements.
       (2) Occupancy and use.--Subject to the jurisdiction of the 
     Tennessee Valley Authority and the Army Corps of Engineers, 
     the Secretary shall have jurisdiction to regulate the 
     occupancy and use of the surface waters of the lakes for 
     recreational purposes.

     SEC. 512. CIVIL AND CRIMINAL JURISDICTION.

       (a) Administration.--The Secretary, acting through the 
     Chief of the Forest Service, shall administer the Recreation 
     Area in accordance with this title and the laws, rules, and 
     regulations pertaining to the National Forest System.
       (b) Status.--Land within the Recreation Area shall have the 
     status of land acquired under the Act of March 1, 1911 
     (commonly known as the ``Weeks Act'') (16 U.S.C. 515 et 
     seq.).
       (c) Law Enforcement.--In order to provide for a cost-
     effective transfer of the law enforcement responsibilities 
     between the Forest Service and the Tennessee Valley 
     Authority, the law enforcement authorities designated under 
     section 4A of the Tennessee Valley Authority Act 1933 (16 
     U.S.C. 831c-3) are hereby granted to special agents and law 
     enforcement officers of the Forest Service. The law 
     enforcement authorities designated under the eleventh 
     undesignated paragraph under the heading ``Surveying the 
     public lands'' of the Act of June 4, 1897 (30 Stat. 35; 16 
     U.S.C. 551), the first paragraph of that portion designated 
     ``General Expenses, Forest Service'' of the Act of March 3, 
     1905 (33 U.S.C. 873; 16 U.S.C. 559), the National Forest 
     System Drug Control Act of 1986 (16 U.S.C. 559b-559g) are 
     hereby granted to law enforcement agents of the Tennessee 
     Valley Authority, within the boundaries of the Recreation 
     Area, for a period of 1 year from the date on which this 
     section takes effect.

     SEC. 513. PAYMENTS TO STATES AND COUNTIES.

       (a) Payments in Lieu of Taxes.--Land within the Recreation 
     Area shall be subject to the provisions for payments in lieu 
     of taxes under chapter 69 of title 31, United States Code.
       (b) Distribution.--All amounts received from charges, use 
     fees, and natural resource utilization, including timber and 
     agricultural receipts, shall not be subject to 
     distribution to States under the Act of May 23, 1908 (16 
     U.S.C. 500).
       (c) Payments by the Tennessee Valley Authority.--After the 
     transfer of administrative jurisdiction is made under section 
     541--
       (1) the Tennessee Valley Authority shall continue to 
     calculate the amount of payments to be made to States and 
     counties under section 13 of the Tennessee Valley Authority 
     Act of 1933 (16 U.S.C. 831l); and
       (2) each State (including, for the purposes of this 
     subsection, the State of Kentucky, the State of Tennessee, 
     and any other State) that receives a payment under that 
     section shall continue to calculate the amounts to be 
     distributed to the State and local governments, as though the 
     transfer had not been made.

     SEC. 514. FOREST HIGHWAYS.

       (a) In General.--For purposes of section 204 of title 23, 
     United States Code, the road known as ``The Trace'' and every 
     other paved road within the Recreation Area (including any 
     road constructed to secondary standards) shall be considered 
     to be a forest highway.
       (b) State Responsibility.--
       (1) In general.--The States shall be responsible for the 
     maintenance of forest highways within the Recreation Area.
       (2) Reimbursement.--To the maximum extent provided by law, 
     from funds appropriated to the Department of Transportation 
     and available for purposes of highway construction and 
     maintenance, the Secretary of Transportation shall reimburse 
     the States for all or a portion of the costs of maintenance 
     of forest highways in the Recreation Area.

                   Subtitle B--Management Provisions

     SEC. 521. LAND AND RESOURCE MANAGEMENT PLAN.

       (a) In General.--As soon as practicable after the effective 
     date of the transfer of jurisdiction under section 541, the 
     Secretary shall prepare a land and resource management plan 
     for the Recreation Area in conformity with the National 
     Forest Management Act of 1976 (16 U.S.C. 472a et seq.) and 
     other applicable law.
       (b) Interim Provision.--Until adoption of the land and 
     resource management plan, the Secretary may use, as 
     appropriate, the existing Tennessee Valley Authority Natural 
     Resource Management Plan to provide interim management 
     direction. Use of all or a portion of the management plan by 
     the Secretary shall not be considered to be a major Federal 
     action significantly affecting the quality of the human 
     environment.

     SEC. 522. ADVISORY BOARD.

       (a) Establishment.--Not later than 90 days after the date 
     of transfer pursuant to section 541, the Secretary shall 
     establish the Land Between the Lakes Advisory Board.
       (b) Membership.--The Advisory Board shall be composed of 17 
     members, of whom--
       (1) 4 individuals shall be appointed by the Secretary, 
     including--
       (A) 2 residents of the State of Kentucky; and
       (B) 2 residents of the State of Tennessee;
       (2) 2 individuals shall appointed by the Kentucky Fish and 
     Wildlife Commissioner or designee;
       (3) 1 individual shall be appointed by the Tennessee Fish 
     and Wildlife Commission or designee;
       (4) 2 individuals shall be appointed by the Governor of the 
     State of Tennessee;
       (5) 2 individuals shall be appointed by the Governor of the 
     State of Kentucky; and
       (6) 2 individuals shall be appointed by appropriate 
     officials of each of the 3 counties containing the Recreation 
     Area.
       (c) Term.--
       (1) In general.--The term of a member of the Advisory Board 
     shall be 5 years.
       (2) Succession.--Members of the Advisory Board may not 
     succeed themselves.
       (d) Chairperson.--The Regional Forester shall serve as 
     chairperson of the Advisory Board.
       (e) Rules of Procedure.--The Secretary shall prescribe the 
     rules of procedure for the Advisory Board.
       (f) Functions.--The Advisory Board may advise the Secretary 
     on--
       (1) means of promoting public participation for the land 
     and resource management plan for the Recreation Area; and
       (2) environmental education.
       (g) Meetings.--
       (1) Frequency.--The Advisory Board shall meet at least 
     biannually.
       (2) Public meeting.--A meeting of the Advisory Board shall 
     be open to the general public.
       (3) Notice of meetings.--The chairperson, through the 
     placement of notices in local news media and by other 
     appropriate means shall give 2 weeks' public notice of each 
     meeting of the Advisory Board.
       (h) No Termination.--Section 14(a)(2) of the Federal 
     Advisory Committee Act (5 U.S.C. App.) shall not apply to the 
     Advisory Board.

     SEC. 523. FEES.

       (a) Authority.--The Secretary may charge reasonable fees 
     for admission to and the use of the designated sites, or for 
     activities, within the Recreation Area.
       (b) Factors.--In determining whether to charge fees, the 
     Secretary may consider the

[[Page H11129]]

     costs of collection weighed against potential income.
       (c) Limitation.--No general entrance fees shall be charged 
     within the Recreation Area.

     SEC. 524. DISPOSITION OF RECEIPTS.

       (a) In General.--All amounts received from charges, use 
     fees, and natural resource utilization, including timber and 
     agricultural receipts, shall be deposited in a special fund 
     in the Treasury of the United States to be known as the 
     ``Land Between the Lakes Management Fund''.
       (b) Use.--Amounts in the Fund shall be available to the 
     Secretary until expended, without further Act of 
     appropriation, for the management of the Recreation Area, 
     including payment of salaries and expenses.

     SEC. 525. SPECIAL USE AUTHORIZATIONS.

       (a) In General.--In addition to other authorities for the 
     authorization of special uses within the National Forest 
     System, within the Recreation Area, the Secretary may, on 
     such terms and conditions as the Secretary may prescribe--
       (1) convey for no consideration perpetual easements to 
     governmental units for public roads over United States Route 
     68 and the Trace, and such other rights-of-way as the 
     Secretary and a governmental unit may agree;
       (2) transfer or lease to governmental units developed 
     recreation sites or other facilities to be managed for public 
     purposes; and
       (3) lease or authorize recreational sites or other 
     facilities, consistent with sections 503(2) and 511(b)(2).
       (b) Consideration.--
       (1) In general.--Consideration for a lease or other special 
     use authorization within the Recreation Area shall be based 
     on fair market value.
       (2) Reduction or waiver.--The Secretary may reduce or waive 
     a fee to a governmental unit or nonprofit organization 
     commensurate with other consideration provided to the United 
     States, as determined by the Secretary.
       (c) Procedure.--The Secretary may use any fair and 
     equitable method for authorizing special uses within the 
     Recreation Area, including public solicitation of proposals.
       (d) Existing Authorizations.--
       (1) In general.--A permit or other authorization granted by 
     the Tennessee Valley Authority that is in effect on the date 
     of transfer pursuant to section 541 may continue on transfer 
     of administration of the Recreation Area to the Secretary.
       (2) Reissuance.--A permit or authorization described in 
     paragraph (1) may be reissued or terminated under terms and 
     conditions prescribed by the Secretary.
       (3) Exercise of rights.--The Secretary may exercise any of 
     the rights of the Tennessee Valley Authority contained in any 
     permit or other authorization, including any right to amend, 
     modify, and revoke the permit or authorization.

     SEC. 526. COOPERATIVE AUTHORITIES AND GIFTS.

       (a) Fish and Wildlife Service.--
       (1) Management.--
       (A) In general.--Subject to such terms and conditions as 
     the Secretary may prescribe, the Secretary may issue a 
     special use authorization to the United States Fish and 
     Wildlife Service for the management by the Service of 
     facilities and land agreed on by the Secretary and the 
     Secretary of the Interior.
       (B) Fees.--
       (i) In general.--Reasonable admission and use fees may be 
     charged for all areas administered by the United States Fish 
     and Wildlife Service.
       (ii) Deposit.--The fees shall be deposited in accordance 
     with section 524.
       (2) Cooperation.--The Secretary and the Secretary of the 
     Interior may cooperate or act jointly on activities such as 
     population monitoring and inventory of fish and wildlife with 
     emphasis on migratory birds and endangered and threatened 
     species, environmental education, visitor services, 
     conservation demonstration projects and scientific research.
       (3) Subordination of fish and wildlife activities to 
     overall management.--The management and use of areas and 
     facilities under permit to the United States Fish and 
     Wildlife Service as authorized pursuant to this section shall 
     be subordinate to the overall management of the Recreation 
     Area as directed by the Secretary.
       (b) Authorities.--For the management, maintenance, 
     operation, and interpretation of the Recreation Area and its 
     facilities, the Secretary may--
       (1) make grants and enter into contracts and cooperative 
     agreements with Federal agencies, governmental units, 
     nonprofit organizations, corporations, and individuals; and
       (2) accept gifts under Public Law 95-442 (7 U.S.C. 2269) 
     notwithstanding that the donor conducts business with any 
     agency of the Department of Agriculture or is regulated by 
     the Secretary of Agriculture.

     SEC. 527. DESIGNATION OF NATIONAL RECREATION TRAIL.

       Effective on the date of transfer pursuant to section 541, 
     the North-South Trail is designated as a national recreation 
     trail under section 4 of the National Trails System Act (16 
     U.S.C. 1243).

     SEC. 528. CEMETERIES.

       The Secretary shall maintain an inventory of and ensure 
     access to cemeteries within the Recreation Area for purposes 
     of burial, visitation, and maintenance.

     SEC. 529. RESOURCE MANAGEMENT.

       (a) Minerals.--
       (1) Withdrawal.--The land within the Recreation Area is 
     withdrawn from the operation of the mining and mineral 
     leasing laws of the United States.
       (2) Use of mineral materials.--The Secretary may permit the 
     use of common varieties of mineral materials for the 
     development and maintenance of the Recreation Area.
       (b) Hunting and Fishing.--
       (1) In general.--The Secretary shall permit hunting and 
     fishing on land and water under the jurisdiction of the 
     Secretary within the boundaries of the Recreation Area in 
     accordance with applicable laws of the United States and of 
     each State, respectively.
       (2) Prohibition.--
       (A) In general.--The Secretary may designate areas where, 
     and establish periods when, hunting or fishing is prohibited 
     for reasons of public safety, administration, or public use 
     and enjoyment.
       (B) Consultation.--Except in emergencies, a prohibition 
     under subparagraph (A) shall become effective only after 
     consultation with the appropriate fish and game departments 
     of the States.
       (3) Fish and wildlife.--Nothing in this title affects the 
     jurisdiction or responsibilities of the States with respect 
     to wildlife and fish on national forests.

     SEC. 530. HEMATITE DAM.

       Within one year from the date of transfer pursuant to 
     section 541, the Tennessee Valley Authority shall cause any 
     breach in the Hematite Dam to be repaired, or if such repairs 
     have previously been made, the Tennessee Valley Authority 
     shall certify in a letter to the Secretary the sound 
     condition of the dam. Future repair costs and maintanence of 
     the Hematite Dam shall be the responsibility of the 
     Secretary.

     SEC. 531. TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a special interest-bearing fund known as 
     the ``Land Between the Lakes Trust Fund''.
       (b) Availability.--Amounts in the Fund shall be available 
     to the Secretary, until expended, for--
       (1) public education, grants, and internships related to 
     recreation, conservation, and multiple use land management in 
     the Recreation Area; and
       (2) regional promotion in the Recreation Area, in 
     cooperation with development districts, chambers of commerce, 
     and State and local governments.
       (c) Deposits.--The Tennessee Valley Authority shall deposit 
     into the Fund $1,000,000 annually for each of the 5 fiscal 
     years commencing in the first fiscal year of the transfer. 
     Funding to carry out this section shall be derived from 
     funding described in section 549.

                    Subtitle C--Transfer Provisions

     SEC. 541. EFFECTIVE DATE OF TRANSFER.

       Effective on October 1 of the first fiscal year for which 
     Congress does not appropriate to the Tennessee Valley 
     Authority at least $6,000,000 for the Recreation Area, or, if 
     this Act is enacted during a fiscal year for which Congress 
     has not made such an appropriation, effective as of the date 
     of enactment of this Act, administrative jurisdiction over 
     the Recreation Area is transferred from the Tennessee Valley 
     Authority to the Secretary.

     SEC. 542. STATEMENT OF POLICY.

       It is the policy of the United States that, to the maximum 
     extent practicable--
       (1) the transfer of jurisdiction over the Recreation Area 
     from the Tennessee Valley Authority to the Secretary should 
     be effected in an efficient and cost-effective manner; and
       (2) due consideration should be given to minimizing--
       (A) disruption of the personal lives of the Tennessee 
     Valley Authority and Forest Service employees; and
       (B) adverse impacts on permittees, contractees, and others 
     owning or operating businesses affected by the transfer.

     SEC. 543. MEMORANDUM OF AGREEMENT.

       (a) In General.--Not later than 30 days after the date of 
     transfer pursuant to section 541, the Secretary and the 
     Tennessee Valley Authority shall enter into a memorandum of 
     agreement concerning implementation of this title.
       (b) Provisions.--The memorandum of understanding shall 
     provide procedures for--
       (1) the orderly withdrawal of officers and employees of the 
     Tennessee Valley Authority;
       (2) the transfer of property, fixtures, and facilities;
       (3) the interagency transfer of officers and employees;
       (4) the transfer of records; and
       (5) other transfer issues.
       (c) Transition Team.--
       (1) In general.--The memorandum of understanding may 
     provide for a transition team consisting of the Tennessee 
     Valley Authority and Forest Service employees.
       (2) Duration.--The team may continue in existence after the 
     date of transfer.
       (3) Personnel costs.--The Tennessee Valley Authority and 
     the Forest Service shall pay personnel costs of their 
     respective team members.

     SEC. 544. RECORDS.

       (a) Recreation Area Records.--The Secretary shall have 
     access to all records of the Tennessee Valley Authority 
     pertaining to the management of the Recreation Area.
       (b) Personnel Records.--The Tennessee Valley Authority 
     personnel records shall be made available to the Secretary, 
     on request, to the extent the records are relevant to Forest 
     Service administration.
       (c) Confidentiality.--The Tennessee Valley Authority may 
     prescribe terms and conditions on the availability of records 
     to protect the confidentiality of private or proprietary 
     information.
       (d) Land Title Records.--The Tennessee Valley Authority 
     shall provide to the Secretary original records pertaining to 
     land titles, surveys, and other records pertaining to 
     transferred personal property and facilities.

     SEC. 545. TRANSFER OF PERSONAL PROPERTY.

       (a) Subject Property.--

[[Page H11130]]

       (1) Inventory.--Not later than 60 days after the date of 
     transfer pursuant to section 541, the Tennessee Valley 
     Authority shall provide the Secretary with an inventory of 
     all property and facilities at the Recreation Area.
       (2) Availability for transfer.--
       (A) In general.--All Tennessee Valley Authority property 
     associated with the administration of the Recreation Area, 
     including any property purchased with Federal funds 
     appropriated for the management of the Tennessee Valley 
     Authority land, shall be available for transfer to the 
     Secretary.
       (B) Property included.--Property under subparagraph (A) 
     includes buildings, office furniture and supplies, computers, 
     office equipment, buildings, vehicles, tools, equipment, 
     maintenance supplies, boats, engines, and publications.
       (3) Exclusion of property.--At the request of the 
     authorized representative of the Tennessee Valley Authority, 
     the Secretary may exclude movable property from transfer 
     based on a showing by the Tennessee Valley Authority that 
     the property is vital to the mission of the Tennessee 
     Valley Authority and cannot be replaced in a cost-
     effective manner, if the Secretary determines that the 
     property is not needed for management of the Recreation 
     Area.
       (b) Designation.--Pursuant to such procedures as may be 
     prescribed in the memorandum of agreement entered into under 
     section 543, the Secretary shall identify and designate, in 
     writing, all Tennessee Valley Authority property to be 
     transferred to the Secretary.
       (c) Facilitation of Transfer.--The Tennessee Valley 
     Authority shall, to the maximum extent practicable, use 
     personnel to facilitate the transfer of necessary property 
     and facilities to the Secretary, including replacement of 
     signs and insignia, repainting of vehicles, printing of 
     public information, and training of new personnel. Funding 
     for these costs shall be derived from funding described in 
     section 549.
       (d) Surplus Property.--
       (1) Disposition.--Any personal property, including 
     structures and facilities, that the Secretary determines 
     cannot be efficiently managed and maintained either by the 
     Forest Service or by lease or permit to other persons may be 
     declared excess by the Secretary and--
       (A) sold by the Secretary on such terms and conditions as 
     the Secretary may prescribe to achieve the maximum benefit to 
     the Federal Government; or
       (B) disposed of under the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 471 et seq.).
       (2) Deposit of proceeds.--All net proceeds from the 
     disposal of any property shall be deposited into the Fund 
     established by section 531.

     SEC. 546. COMPLIANCE WITH ENVIRONMENTAL LAWS.

       (a) Documentation of Existing Conditions.--
       (1) In general.--Not later than 60 days after the date of 
     transfer pursuant to section 541, the Chairman and the 
     Administrator shall provide the Secretary all documentation 
     and information that exists on the environmental condition of 
     the land and waters comprising the Recreation Area property.
       (2) Additional documentation.--The Chairman and the 
     Administrator shall provide the Secretary with any additional 
     documentation and information regarding the environmental 
     condition of the Recreation Area property as such 
     documentation and information becomes available.
       (b) Action Required.--
       (1) Assessment.--Not later than 120 days after the date of 
     transfer pursuant to section 541, the Chairman shall provide 
     to the Secretary an assessment indicating what action, if 
     any, is required under any environmental law on Recreation 
     Area property.
       (2) Memorandum of understanding.--If the assessment 
     concludes action is required under any environmental law with 
     respect to any portion of the Recreation Area property, the 
     Secretary and the Chairman shall enter into a memorandum of 
     understanding that--
       (A) provides for the performance by the Chairman of the 
     required actions identified in the assessment; and
       (B) includes a schedule providing for the prompt completion 
     of the required actions to the satisfaction of the Secretary.
       (c) Documentation Demonstrating Action.--On the transfer of 
     jurisdiction over the Recreation Area from the Tennessee 
     Valley Authority to the Secretary, the Chairman shall provide 
     the Secretary with documentation demonstrating that all 
     actions required under any environmental law have been 
     taken, including all response actions under the 
     Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) that are 
     necessary to protect human health and the environment with 
     respect to any hazardous substance, pollutant, 
     contaminant, hazardous waste, hazardous material, or 
     petroleum product or derivative of a petroleum product on 
     Recreation Area property.
       (d) Continuation of Responsibilities and Liabilities.--
       (1) In general.--The transfer of the Recreation Area 
     property under this title, and the requirements of this 
     section, shall not in any way affect the responsibilities and 
     liabilities of the Tennessee Valley Authority at the 
     Recreation Area under the Comprehensive Environmental 
     Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
     9601 et seq.) or any other environmental law.
       (2) Access.--After transfer of the Recreation Area 
     property, the Chairman shall be accorded any access to the 
     property that may be reasonably required to carry out the 
     responsibility or satisfy the liability referred to in 
     paragraph (1).
       (3) No liability.--The Secretary shall not be liable under 
     any environmental law for matters that are related directly 
     or indirectly to present or past activities of the Tennessee 
     Valley Authority on the Recreation Area property, including 
     liability for--
       (A) costs or performance of response actions required under 
     the Comprehensive Environmental Response, Compensation, and 
     Liability Act of 1980 (42 U.S.C. 9601 et seq.) at or related 
     to the Recreation Area; or
       (B) costs, penalties, fines, or performance of actions 
     related to noncompliance with any environmental law at or 
     related to the Recreation Area or related to the presence, 
     release, or threat of release of any hazardous substance, 
     pollutant, or contaminant, hazardous waste, hazardous 
     material, or petroleum product or derivative of a petroleum 
     product of any kind at or related to the Recreation Area, 
     including contamination resulting from migration.
       (4) No effect on responsibilities or liabilities.--Except 
     as provided in paragraph (3), nothing in this title affects, 
     modifies, amends, repeals, alters, limits or otherwise 
     changes, directly or indirectly, the responsibilities or 
     liabilities under any environmental law with respect to the 
     Secretary.
       (e) Other Federal Agencies.--Subject to the other 
     provisions of this section, a Federal agency that carried or 
     carries out operations at the Recreation Area resulting in 
     the release or threatened release of a hazardous substance, 
     pollutant, or contaminant, hazardous waste, hazardous 
     material, or petroleum product or derivative of a petroleum 
     product for which that agency would be liable under any 
     environmental law shall pay the costs of related response 
     actions and shall pay the costs of related actions to 
     remediate petroleum products or their derivatives.

     SEC. 547. PERSONNEL.

       (a) In General.--
       (1) Hiring.--Notwithstanding section 3503 of title 5, 
     United States Code, and subject to paragraph (2), the 
     Secretary may--
       (A) appoint, hire, and discharge officers and employees to 
     administer the Recreation Area; and
       (B) pay the officers and employees at levels that are 
     commensurate with levels at other units of the National 
     Forest System.
       (2) Interim retention of eligible employees.--
       (A) In general.--For a period of not less than 5 months 
     after the effective date of transfer to the Forest Service--
       (i) all eligible employees shall be retained in the 
     employment of the Tennessee Valley Authority;
       (ii) those eligible employees shall be considered to be 
     placed on detail to the Secretary and shall be subject to the 
     direction of the Secretary; and
       (iii) the Secretary shall reimburse the Tennessee Valley 
     Authority for the amount of the basic pay and all other 
     compensation of those eligible employees.
       (B) Notice to employees.--The Secretary shall provide 
     eligible employees a written notice of not less than 60 days 
     before termination.
       (C) Termination for cause.--Subparagraph (A) does not 
     preclude a termination for cause during the period described 
     in subparagraph (A).
       (b) Applications for Transfer and Appointment.--An eligible 
     employee shall have the right to apply for employment by the 
     Secretary under procedures for transfer and appointment of 
     Federal employees outside the Department of Agriculture.
       (c) Hiring by the Secretary.--
       (1) In general.--Subject to subsection (b), in filling 
     personnel positions within the Recreation Area, the Secretary 
     shall follow all laws (including regulations) and policies 
     applicable to the Department of Agriculture.
       (2) Notification and hiring.--Notwithstanding paragraph 
     (1), the Secretary--
       (A) shall notify all eligible employees of all openings for 
     positions with the Forest Service at the Recreation Area 
     before notifying other individuals or considering 
     applications by other individuals for the positions; and
       (B) after applications by eligible employees have received 
     consideration, if any positions remain unfilled, shall notify 
     other individuals of the openings.
       (3) Noncompetitive appointments.--Notwithstanding any other 
     placement of career transition programs authorized by the 
     Office of Personnel Management of the United States 
     Department of Agriculture, the Secretary may noncompetitively 
     appoint eligible employees to positions in the Recreation 
     Area.
       (4) Period of service.--Except to the extent that an 
     eligible employee that is appointed by the Secretary may be 
     otherwise compensated for the period of service as an 
     employee of the Tennessee Valley Authority, that period of 
     service shall be treated as a period of service as an 
     employee of the Secretary for the purposes of probation, 
     career tenure, time-in-grade, and leave.
       (d) Transfer to Positions in Other Units of the Tennessee 
     Valley Authority.--The Tennessee Valley Authority--
       (1) shall notify all eligible employees of all openings for 
     positions in other units of the Tennessee Valley Authority 
     before notifying other individuals or considering 
     applications by other individuals for the positions; and
       (2) after applications by eligible employees have received 
     consideration, if any positions remain unfilled, shall notify 
     other individuals of the openings.
       (e) Employee Benefit Transition.--
       (1) Memorandum of understanding.--
       (A) In general.--The Secretary and the heads of the Office 
     of Personnel Management, the Tennessee Valley Authority and 
     the Tennessee Valley Authority Retirement System shall enter 
     into a memorandum of understanding providing for the 
     transition for all eligible employees of compensation made 
     available through the Tennessee Valley Authority Retirement 
     System.

[[Page H11131]]

       (B) Employee participation.--In deciding on the terms of 
     the memorandum of understanding, the Secretary and the heads 
     of the Office of Personnel Management, the Tennessee Valley 
     Authority and the Tennessee Valley Authority Retirement 
     System shall meet and consult with and give full 
     consideration to the views of employees and representatives 
     of the employees of the Tennessee Valley Authority.
       (2) Eligible employees that are transferred to other units 
     of tva.--An eligible employee that is transferred to another 
     unit of the Tennessee Valley Authority shall experience no 
     interruption in coverage for or reduction of any retirement, 
     health, leave, or other employee benefit.
       (3) Eligible employees that are hired by the secretary.--
       (A) Level of benefits.--The Secretary shall provide to an 
     eligible employee that is hired by the Forest Service a level 
     of retirement and health benefits that is equivalent to the 
     level to which the eligible employee would have been entitled 
     if the eligible employee had remained an employee of the 
     Tennessee Valley Authority.
       (B) Transfer of retirement benefits.--
       (i) In general.--Eligible employees hired by the Forest 
     Service shall become members of the Civil Service Retirement 
     System (CSRS) Offset Plan and shall have the option to 
     transfer into the Federal Employees Retirement System (FERS) 
     within six months of their date of transfer. Such employees 
     shall have the option at any time to receive credit in CSRS 
     Offset or FERS for all of their TVA service in accordance 
     with applicable procedures. Any deposits necessary to receive 
     credit for such service shall be considered transfers to a 
     qualified plan for purposes of favorable tax treatment of 
     such amount under the Internal Revenue Code.
       (ii) Funding shortfall.--

       (I) In general.--For all eligible employees that are not 
     part of the Civil Service Retirement System, the Tennessee 
     Valley Authority shall meet any funding shortfall resulting 
     from the transfer of retirement benefits.
       (II) Notification.--The Secretary shall notify the 
     Tennessee Valley Authority Board of the cost associated with 
     the transfer of retirement benefits.
       (III) Payment.--The Tennessee Valley Authority shall fully 
     compensate the Secretary for the costs associated with the 
     transfer of retirement benefits.
       (IV) No interruption.--An eligible employee that is hired 
     by the Forest Service and is eligible for Civil Service 
     Retirement shall not experience any interruption in 
     retirement benefits.

       (C) No interruption.--An eligible employee that is hired by 
     the Secretary--
       (i) shall experience no interruption in coverage for any 
     health, leave, or other employee benefit; and
       (ii) shall be entitled to carry over any leave time 
     accumulated during employment by the Tennessee Valley 
     Authority.
       (D) Period of service.--Notwithstanding section 8411(b)(3) 
     of title 5, United States Code, except to the extent that an 
     eligible employee may be otherwise compensated (including the 
     provision of retirement benefits in accordance with the 
     memorandum of understanding) for the period of service as an 
     employee of the Tennessee Valley Authority, that period of 
     service shall be treated as a period of service as an 
     employee of the U.S. Department of Agriculture for all 
     purposes relating to the Federal employment of the eligible 
     employee.
       (4) Eligible employees that are discharged not for cause.--
       (A) Level of benefits.--The parties to the memorandum of 
     understanding shall have authority to deem any applicable 
     requirement to be met, to make payments to an employee, or 
     take any other action necessary to provide to an eligible 
     employee that is discharged as being excess to the needs 
     of the Tennessee Valley Authority or the Secretary and not 
     for cause and that does not accept an offer of employment 
     from the Secretary, an optimum level of retirement and 
     health benefits that is equivalent to the level that has 
     been afforded employees discharged in previous reductions 
     in force by the Tennessee Valley Authority.
       (B) Minimum benefits.--An eligible employee that is 
     discharged as being excess to the needs of the Tennessee 
     Valley Authority or the Secretary and not for cause shall, at 
     a minimum be entitled to--
       (i) at the option of the eligible employee--

       (I) a lump-sum equal to $1,000, multiplied by the number of 
     years of service of the eligible employee (but not less that 
     $15,000 nor more than $25,000);
       (II) a lump-sum payment equal to the amount of pay earned 
     by the eligible employee for the last 26 weeks of the 
     eligible employee's service; or
       (III) the deemed addition of 5 years to the age and the 
     years of service of an eligible employee;

       (ii) 15 months of health benefits for employees and 
     dependents at the same level provided as of the date of 
     transfer pursuant to section 541;
       (iii) 1 week of pay per year of service as provided by the 
     Tennessee Valley Authority Retirement System;
       (iv) a lump-sum payment of all accumulated annual leave;
       (v) unemployment compensation in accordance with State law;
       (vi) eligible pension benefits as provided by the Tennessee 
     Valley Authority Retirement System; and
       (vii) retraining assistance provided by the Tennessee 
     Valley Authority.
       (C) Shortfall.--If the board of directors of the Tennessee 
     Valley Authority Retirement System determines that the cost 
     of providing the benefits described in subparagraphs (A) and 
     (B) would have a negative impact on the overall retirement 
     system, the Tennessee Valley Authority shall be required to 
     meet any funding shortfalls.

     SEC. 548. TENNESSEE VALLEY AUTHORITY TRANSFER COSTS.

       Any costs incurred by Tennessee Valley Authority associated 
     with the transfer under this subtitle shall be derived from 
     funding described in section 549.

     SEC. 549. TENNESSEE VALLEY AUTHORITY TRANSFER FUNDING.

       (a) In General.--The funding described in this section is 
     funding derived from only 1 or more of the following sources:
       (1) Nonpower fund balances and collections.
       (2) Investment returns of the nonpower program.
       (3) Applied programmatic savings in the power and nonpower 
     programs.
       (4) Savings from the suspension of bonuses and awards.
       (5) Savings from reductions in memberships and 
     contributions.
       (6) Increases in collections resulting from nonpower 
     activities, including user fees.
       (7) Increases in charges to private and public utilities 
     both investor and cooperatively owned, as well as to direct 
     load customers.
       (b) Availability.--Funds from the sources described in 
     subsection (a) shall be available notwithstanding section 11, 
     14, 15, or 29 or any other provision of the Tennessee Valley 
     Authority Act of 1933 (16 U.S.C. 831 et seq.) or any 
     provisions of the covenants contained in any power bonds 
     issued by the Tennessee Valley Authority.
       (c) Sufficiency of Savings.--The savings from and the 
     revenue adjustment to the budget of the Tennessee Valley 
     Authority for the first fiscal year of the transfer and each 
     fiscal year thereafter shall be sufficient so that the net 
     spending authority and resulting outlays to carry out 
     activities with funding described in subsection (a) shall not 
     exceed $0 for the first fiscal year of the transfer and each 
     fiscal year thereafter.
       (d) Itemized List of Reductions and Increased Receipts.--
       (1) Proposed changes.--Not later than 30 days after the 
     date of transfer pursuant to section 541, the Chairman of the 
     Tennessee Valley Authority shall submit to the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Appropriations of the Senate an itemized list of 
     the amounts of reductions in spending and increases in 
     receipts that are proposed to be made as a result of 
     activities under this subsection during the first fiscal year 
     of the transfer.
       (2) Actual changes.--Not later than 24 months after the 
     effective date of the transfer, the Chairman of the Tennessee 
     Valley Authority shall submit to the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Appropriations of the Senate an itemized list of 
     the amounts of reductions in spending and increases in 
     receipts as a result of activities under this subsection 
     during the first fiscal year of the transfer.

                          Subtitle D--Funding

     SEC. 551. AUTHORIZATION OF APPROPRIATIONS.

       (a) Agriculture.--There are authorized to be appropriated 
     to the Secretary of Agriculture such sums as are necessary 
     to--
       (1) permit the Secretary to exercise administrative 
     jurisdiction over the Recreation Area under this title; and
       (2) administer the Recreation Area area as a unit of the 
     National Forest System.
       (b) Interior.--There are authorized to be appropriated to 
     the Secretary of the Interior such sums as are necessary to 
     carry out activities within the Recreation Area.

               TITLE VI--INTERSTATE 90 LAND EXCHANGE ACT

     SEC. 601. SHORT TITLE.

       This Act may be cited as the ``Interstate 90 Land Exchange 
     Act of 1998''.

     SEC. 602. FINDINGS AND PURPOSE.

       (a) Findings.--Congress finds that--
       (1) certain parcels of private land located in central and 
     southwest Washington are intermingled with National Forest 
     System land owned by the United States and administered by 
     the Secretary of Agriculture as parts of the Mt. Baker-
     Snoqualmie National Forest, Wenatchee National Forest, and 
     Gifford Pinchot National Forest;
       (2) the private land surface estate and some subsurface is 
     owned by the Plum Creek Timber Company, L.P. in an 
     intermingled checkerboard pattern, with the United States or 
     Plum Creek owning alternate square mile sections of land or 
     fractions of square mile sections;
       (3) the checkerboard land ownership pattern in the area has 
     frustrated sound and efficient land management on both 
     private and National Forest lands by complicating fish and 
     wildlife habitat management, watershed protection, recreation 
     use, road construction and timber harvest, boundary 
     administration, and protection and management of threatened 
     and endangered species and old growth forest habitat;
       (4) acquisition by the United States of certain parcels of 
     land that have been offered by Plum Creek for addition to the 
     Mt. Baker-Snoqualmie National Forest and Wenatchee National 
     Forest will serve important public objectives, including--
       (A) enhancement of public access, aesthetics and recreation 
     opportunities within or near areas of very heavy public 
     recreational use including--
       (i) the Alpine Lakes Wilderness Area;
       (ii) the Pacific Crest Trail;
       (iii) Snoqualmie Pass;
       (iv) Cle Elum Lake, Kachess Lake and Keechulus Lake; and
       (v) other popular recreation areas along the Interstate 90 
     corridor east of the Seattle-Tacoma Metropolitan Area;
       (B) protection and enhancement of old growth forests and 
     habitat for threatened, endangered and sensitive species, 
     including a net gain of approximately 28,500 acres of habitat 
     for the northern spotted owl;

[[Page H11132]]

       (C) consolidation of National Forest holdings for more 
     efficient administration and to meet a broad array of 
     ecosystem protection and other public land management goals, 
     including net public gains of approximately 283 miles of 
     stream ownership, 14 miles of the route of the Pacific Crest 
     Trail, 20,000 acres of unroaded land, and 7,360 acres of 
     riparian land; and
       (D) a significant reduction in administrative costs to the 
     United States through--
       (i) consolidation of Federal land holdings for more 
     efficient land management and planning;
       (ii) elimination of approximately 300 miles of boundary 
     identification and posting;
       (iii) reduced right-of-way, special use, and other permit 
     processing and issuance for roads and other facilities on 
     National Forest System land; and
       (iv) other administrative cost savings;
       (5) Plum Creek has selected certain parcels of National 
     Forest System land that are logical for consolidation into 
     Plum Creek ownership utilizing a land exchange because the 
     parcels--
       (A) are intermingled with parcels owned by Plum Creek; and
       (B)(i) are generally located in less environmentally 
     sensitive areas than the Plum Creek offered land; and
       (ii) have lower public recreation and other public values 
     than the Plum Creek offered land;
       (6) time is of the essence in consummating a land exchange 
     because delays may force Plum Creek to road or log the 
     offered land and thereby diminish the public values for which 
     the offered land is to be acquired; and
       (7) it is in the public interest to complete the land 
     exchange at the earliest practicable date so that the offered 
     land can be acquired and preserved by the United States for 
     permanent public management, use, and enjoyment.
       (b) Purpose.--It is the purpose of this Act to further the 
     public interest by authorizing, directing, facilitating, and 
     expediting the consummation of the Interstate 90 land 
     exchange so as to ensure that the offered land is 
     expeditiously acquired for permanent public use and 
     enjoyment.

     SEC. 603. DEFINITIONS.

       In this Act:
       (1) Offered land.--The term ``offered land'' means all 
     right, title and interest, including the surface and 
     subsurface interests, in land described in section 604(a) to 
     be conveyed into the public ownership of the United States 
     under this Act.
       (2) Plum creek.--The term ``Plum Creek'' means Plum Creek 
     Timber Company, L.P., a Delaware Limited Partnership, or its 
     successors, heirs, or assigns.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture.
       (4) Selected land.--The term ``selected land'' means all 
     right, title and interest, including the surface and 
     subsurface interests, unless Plum Creek agrees otherwise, in 
     land described in section 604(b) to be conveyed into the 
     private ownership of Plum Creek under this Act.

     SEC. 604. LAND EXCHANGE.

       (a) Condition and Conveyance of Offered Land.--The exchange 
     directed by this Act shall be consummated if Plum Creek 
     conveys title acceptable to the Secretary in and to the lands 
     described in subsection (d), the offered lands described in 
     paragraphs (1) and (2), or, if necessary, the lands and 
     interests in land as provided in subsection (c).
       (1) Certain land comprising approximately 8,808 acres and 
     located within the exterior boundaries of the Mt. Baker-
     Snoqualmie National Forest, Washington, as generally depicted 
     on a map entitled ``Interstate 90 Land Exchange'', dated 
     October 1998; and
       (2) Certain land comprising approximately 53,576 acres and 
     located within or adjacent to the exterior boundaries of the 
     Wenatchee National Forest, Washington, as generally depicted 
     on a map entitled ``Interstate 90 Land Exchange'', dated 
     October 1998.
       (b) Conveyance of Selected Land by the United States.--Upon 
     receipt of acceptable title to the offered land, and lands 
     and interests described in subsection (d), the Secretary 
     shall simultaneously convey to Plum Creek all right, title 
     and interest of the United States, subject to valid existing 
     rights, in and to the following selected land:
       (1) Certain land administered, as of the date of enactment 
     of this Act, by the Secretary of Agriculture as part of the 
     Mt. Baker-Snoqualmie National Forest, Washington, and 
     comprising approximately 5,697 acres, as generally depicted 
     on a map entitled ``Interstate 90 Land Exchange'', dated 
     October 1998.
       (2) Certain land administered, as of the date of enactment 
     of this Act, by the Secretary of Agriculture as part of the 
     Wenatchee National Forest, Washington, and comprising 
     approximately 5,197 acres, as generally depicted on a map 
     entitled ``Interstate 90 Land Exchange'', dated October 1998.
       (3) Certain land administered, as of the date of enactment 
     of this Act, by the Secretary of Agriculture as part of the 
     Gifford Pinchot National Forest, Washington, and comprising 
     approximately 5,601 acres, as generally depicted on a map 
     entitled ``Interstate 90 Land Exchange'', dated October 1998.
       (c) Offered Land Title.--If Plum Creek conveys title 
     acceptable to the Secretary to less than all rights and 
     interests in the offered lands, but conveys title acceptable 
     to the Secretary to all rights and interests that Plum Creek 
     owns and acquires under previous agreements in the lands 
     described in subsection (d), the offered lands, and lands on 
     the east and west sides of Cle Elum Lake, comprising 
     approximately 252 acres, described as Township 21 North, 
     Range 14 East, Section 5, and Lost Lake lands comprising 
     approximately 272 acres, described as Township 21 North, 
     Range 11 East, W\1/2\ of Section 3, the Secretary shall 
     convey to Plum Creek all rights and interest in the selected 
     land after the values of the offered and selected land are 
     equalized. The values of the offered and selected lands shall 
     be equalized as provided in section 605(c)-(e) without regard 
     to the value of lands described in subsection (d) or the Cle 
     Elum or Lost Lake lands.
       (d) Land Donation.--Plum Creek agrees that it will convey, 
     in the form of a voluntary donation, title acceptable to the 
     Secretary in and to lands and interests in lands comprising 
     approximately 320 acres, described as Township 22 North, 
     Range 11 East, S\1/2\ of Section 13, if Plum Creek conveys 
     title to lands and interests pursuant to subsections (a) or 
     (c). It is the intention of Congress that any portion of such 
     donated land which the Secretary determines qualifies as 
     wilderness be, upon the date of its acquisition by the United 
     States, incorporated in and managed as part of the adjacent 
     Alpine Lakes Wilderness (as designated by Public Law 94-357) 
     in accordance with section 6(a) of the Wilderness Act (16 
     U.S.C. 1135).

     SEC. 605. EXCHANGE VALUATION, APPRAISALS AND EQUALIZATION.

       (a) Equal Value Exchange.--
       (1) In general.--The values of the offered and selected 
     land--
       (A) shall be equal; or
       (B) if the values are not equal, shall be equalized as set 
     forth in subsections (c)-(e).
       (2) Appraisal assumption.--In order to ensure the equitable 
     and uniform appraisal of both the offered and selected land 
     directed for exchange by this Act, all appraisals shall 
     determine the highest and best use of the offered and 
     selected land in accordance with applicable provisions of the 
     Washington State Forest Practices Act and rules and 
     regulations thereunder, including alternative measures for 
     protecting critical habitat pursuant to a habitat 
     conservation plan as provided in Washington Administrative 
     Code 222-16-080-(6).
       (3) Appraisals.--The values of the offered land and 
     selected land shall be determined by appraisals utilizing 
     nationally recognized appraisal standards, including 
     applicable provisions of the Uniform Appraisal Standards for 
     Federal Land Acquisitions (1992), the Uniform Standards of 
     Professional Appraisal Practice, and section 206(d) of the 
     Federal Land Policy and Management Act of 1976, as amended 
     (43 U.S.C. 1716(d)).
       (4) Approval by the Secretary.--The appraisals, if not 
     already completed by the date of enactment of this Act, shall 
     be completed and submitted to the Secretary for approval not 
     later than 180 days after the date of enactment of this Act: 
     Provided, That all timber harvest cease no later than 
     November 30, 1998, except for any cleanup, reforestation, or 
     other post-harvest work which cannot be completed by November 
     30, 1998. A comprehensive summary of the appraisal consistent 
     with 7 CFR Part 1.11 shall be made available for public 
     inspection in the Office of the Supervisor, Wenatchee 
     National Forest, not less than 30 days nor more than 45 days 
     prior to the exchange of deeds.
       (b) Appraisal Period.--After the final appraised values of 
     the offered and selected lands, or any portion of the land, 
     have been approved by the Secretary or otherwise determined 
     under section 206(d) of the Federal Land Policy and 
     Management Act (43 U.S.C. 1716(d)), the value shall not be 
     reappraised or updated before consummation of the land 
     exchange, except to account for any timber harvest that might 
     occur after completion of the final appraisal, or for any 
     adjustments under section 606(g).
       (c) Equalization if Surplus of Offered Land.--
       (1) In general.--If the final appraised value of the 
     offered land or lands and interest in lands conveyed by Plum 
     Creek under section 604(c), except for the Cle Elum and Lost 
     Lake lands, exceeds the final appraised value of the selected 
     land, Plum Creek shall delete offered land parcels from the 
     exchange in the exact order each land Section (or offered 
     portion thereof) is listed in paragraph (2) until the values 
     are approximately equal.
       (2) Order of deletion.--Offered land deletions under 
     paragraph (1) shall be made in the following order:
       (A) Township 22 North, Range 13 East, Section 31, 
     Willamette Meridian;
       (B) Township 21 North, Range 11 East, Section 35;
       (C) Township 19 North, Range 11 East, Section 35;
       (D) Township 19 North, Range 12 East, Section 1;
       (E) Township 20 North, Range 11 East, Sections 1 and 13;
       (F) Township 19 North, Range 12 East, Section 15;
       (G) Township 20, North Range 11 East, Section 11;
       (H) Township 21 North, Range 11 East, Section 27;
       (I) Township 19 North, Range 13 East, Sections 27 and 15;
       (J) Township 21 North, Range 11 East, Sections 21 and 25;
       (K) Township 19 North, Range 11 East, Section 23;
       (L) Township 19 North, Range 13 East, Sections 21, 9 and 
     35;
       (M) Township 20 North, Range 12 East, Sections 35 and 27;
       (N) Township 19 North, Range 12 East, Section 11;
       (O) Township 21 North, Range 11 East, Section 17;
       (P) Township 21 North, Range 11 East, Section 5;
       (Q) Township 18 North, Range 15 East, Section 3;
       (R) Township 19 North, Range 14 East, Section 25;
       (S) Township 19 North, Range 15 East, Sections 29 and 31; 
     and
       (T) Township 19 North, Range 13 East, Section 7.

[[Page H11133]]

       (d) Equalization if Surplus of Selected Land.--
       (1) In general.--If the final appraised value of the 
     selected land exceeds the final appraised value of the 
     offered land or lands and interest in lands conveyed by Plum 
     Creek under section 604(c), except for the Cle Elum and Lost 
     Lake lands, the Secretary shall delete selected land parcels 
     from the exchange in the exact order each land Section (or 
     selected portion thereof) is listed in paragraph (2) until 
     the values are approximately equal.
       (2) Order of deletion.--Selected land deletions under 
     paragraph 1 shall be made in the following listed order:
       (A) the portion of Township 20 North, Range 11 East, 
     Section 30 lying east of the thread of Sawmill Creek;
       (B) the portion of Township 19 North, Range 11 East, 
     Section 6 lying east of the thread of Sawmill Creek;
       (C) Township 20 North, Range 11 East, Section 32;
       (D) Township 21 North, Range 14 East, Sections 28, 22, 36, 
     26 and 16;
       (E) Township 18 North, Range 15 East, Sections 13, 12 and 
     2;
       (F) Township 18 North, Range 15 East, Section 1; and
       (G) Township 18 North, Range 15 East, Section 17, 
     Willamette Meridian.
       (e) Once the values of the offered and selected lands are 
     equalized to the maximum extent practicable under subsections 
     (c) or (d), any cash equalization balance due the Secretary 
     or Plum Creek shall be made through cash equalization 
     payments under subsection 206(b) of the Federal Land Policy 
     and Management Act of 1976 (43 U.S.C. 1716(b)).
       (f) Use of Proceeds by the Secretary.--The amount of any 
     cash equalization payment received by the Secretary under 
     this section shall be retained by the Secretary and shall be 
     used by the Secretary until fully expended to purchase land 
     from willing sellers in the State of Washington for addition 
     to the National Forest System.

     SEC. 606. MISCELLANEOUS PROVISIONS.

       (a) Status of Lands After Exchange.--
       (1) Land acquired by the secretary.--
       (A) In general.--Land acquired by the Secretary under this 
     Act shall become part of the Mt. Baker-Snoqualmie, Gifford 
     Pinchot or Wenatchee National Forests, as appropriate.
       (B) Modification of boundaries.--
       (i) If any land acquired by the Secretary lies outside the 
     exterior boundaries of the national forests identified in 
     subparagraph (A), the boundaries of the appropriate national 
     forest are hereby modified to include such land.
       (ii) Nothing in this section shall limit the authority of 
     the Secretary to adjust the boundaries of such National 
     Forests pursuant to section 11 of the Act of March 1, 1911 
     (commonly known as the ``Weeks Act'').
       (iii) For purposes of section 7 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-9) the 
     boundaries of Mt. Baker-Snoqualmie, Wenatchee and Gifford 
     Pinchot as modified by this Act shall be considered to be the 
     boundaries of such forests as of January 1, 1965.
       (C) Management.--Land acquired by the Secretary under this 
     Act shall have the status of lands acquired under the Act of 
     March 1, 1911 and shall be managed in accordance with the 
     laws, rules, regulations and guidelines applicable to the 
     National Forest System.
       (2) Land acquired by plum creek.--Land acquired by Plum 
     Creek under this Act shall become private land for all 
     purposes of law, unless the deed by which conveyance is made 
     to Plum Creek contains a specific reservation.
       (b) Post-Exchange Access to Land.--
       (1) Finding.--Congress finds that Plum Creek and the 
     Secretary should have adequate and timely post-exchange 
     access to lands acquired pursuant to this Act over existing 
     primary, secondary, or other national forest system roads as 
     may be needed.
       (2) Intention.--It is the intention of Congress that Plum 
     Creek have access to all lands it acquires under this Act, 
     and when such access requires construction of new roads, it 
     shall be granted in compliance with the National 
     Environmental Policy Act, the Endangered Species Act, the 
     National Historic Preservation Act, and other applicable 
     laws, rules, and regulations.
       (3) Access within cost share agreement areas.--Within Cost 
     Share Construction and Use Agreement Areas, Plum Creek and 
     the Secretary will convey road access, at no cost, to the 
     lands acquired by each party upon consummation of the 
     exchange pursuant to this Act in accordance with the 
     appropriate terms and procedures of said cost share 
     construction and use agreements.
       (4) Access outside cost share agreement areas.--Outside of 
     Cost Share Construction and Use Agreement Areas, the 
     Secretary shall grant Plum Creek road access easements at no 
     cost in a form set out in Forest Service Handbook 2709.12, 
     35. In the case of new road construction, they shall conform 
     to the Secretary's rules and regulations 36 CFR 251, subpart 
     B, for the roads identified on the map entitled ``Plum Creek 
     Access Road Needs'', dated September 1998, including 
     mitigation under existing law.
       (c) Access to Certain Lands Acquired by the United 
     States.--Outside of Cost Share Construction and Use Agreement 
     Areas, Plum Creek shall grant the Secretary road access 
     easements at no cost on the locations identified by the 
     Secretary in a format acceptable to the Secretary.
       (d) Timing.--It is the intent of Congress that the land 
     exchange authorized and directed by this Act be consummated 
     no later than 270 days after the date of enactment of this 
     Act, unless the Secretary and Plum Creek mutually agree to 
     extend the consummation date.
       (e) Withdrawal of Selected Land.--Effective upon the date 
     of enactment of this Act, all selected land identified for 
     exchange to Plum Creek under section 604(b) is hereby 
     withdrawn from all forms of entry and appropriation under 
     the U.S. mining and mineral leasing laws, including the 
     Geothermal Steam Act of 1970, until such time as the 
     exchange is consummated, or until a particular parcel or 
     parcels are deleted from the exchange under section 
     605(d).
       (f) Withdrawal of Cle Elum River Lands.--Lands acquired by 
     the Secretary under this Act that are located in Township 23 
     North, Range 14 East, and Township 22 North, Range 14 East, 
     Willamette Meridian, shall upon the date of their acquisition 
     be permanently withdrawn from all forms of entry and 
     appropriation under the U.S. mining and mineral leasing laws, 
     including the Geothermal Steam Act of 1970.
       (g) Parcels Subject to Historic or Cultural Resource 
     Restrictions.--
       (1) Report to plum creek.--No later than 180 days after 
     enactment of this Act, the Secretary shall complete 
     determinations and consultation under the National Historic 
     Preservation Act and submit a report to Plum Creek and other 
     consulting parties under the National Historic Preservation 
     Act listing by exact aliquot part description any parcel or 
     parcels of selected land on which cultural properties have 
     been identified and for which protection, use restrictions or 
     mitigation requirements will be imposed. Such report shall 
     include an exact description of each restriction or 
     mitigation action required.
       (2) Plum creek response.--Within 30 days of receipt of the 
     Secretary's report under paragraph (1), Plum Creek shall 
     notify the Secretary as to: (i) those parcels it will accept 
     subject to the identified use restrictions or mitigation 
     requirements; and (ii) those parcels it will not accept 
     because the restrictions or mitigation requirements are 
     deemed by Plum Creek to be an unacceptable encumbrance on the 
     land.
       (3) Parcel deletion.--The Secretary shall delete from the 
     selected land those parcels identified by Plum Creek as 
     unacceptable for conveyance under paragraph (2).
       (4) Appraisal adjustment.--The fair market value of any 
     parcels deleted under paragraph (3), or any modification in 
     fair market value caused by the use restrictions or 
     mitigation requirements on land accepted by Plum Creek, shall 
     be based on their contributory value to the final approved 
     appraised value of the selected land and subtracted from such 
     value prior to consummation of the exchange.
       (h) Access Limitation.--The Secretary shall not grant any 
     road easements that would access the offered lands listed in 
     section 604(a) prior to consummation of the exchange: 
     Provided, That this provision shall not apply should either 
     party withdraw from the exchange.

     SEC. 607. LAND PURCHASE.

       (a) Finding.--The Congress finds that certain lands owned 
     by Plum Creek in the vicinity of the offered lands (but which 
     are not included in the land exchange under this Act, or are 
     deleted under section 605(c)) are highly desirable for 
     addition to the National Forest System, and that Plum Creek 
     has indicated its willingness to sell certain such lands to 
     the United States. It is the intention of Congress that such 
     lands be acquired by the United States, subject to the 
     availability of funds, by purchase at fair market value 
     consistent with the land acquisition procedures of the 
     Secretary, and with the consent of Plum Creek, in order to 
     preserve their outstanding scenic and natural values for the 
     benefit of future generations.
       (b) Purchase Consultation.--In furtherance of subsection 
     (a), the Secretary is authorized and directed to consult with 
     Plum Creek to determine the precise lands Plum Creek is 
     willing to sell.
       (c) Other Agreements.--Nothing in this Act shall be 
     construed to prohibit the Secretary from entering 
     into additional agreements or contracts with Plum Creek to 
     purchase, exchange or otherwise acquire lands from Plum 
     Creek in Washington or any other state under the laws, 
     rules and regulations generally applicable to Federal land 
     acquisitions.

     SEC. 608. TIETON RIVER STUDY.

       The Secretary is authorized and directed to consult with 
     Plum Creek concerning opportunities for the United States to 
     acquire by exchange or purchase Plum Creek lands along the 
     Tieton River in Township 14 North, Range 15 East, Willamette 
     Meridian.

     SEC. 609. FUTURE LAND EXCHANGE OPPORTUNITY.

       (a) Finding.--The Congress finds that certain lands which 
     were identified for exchange to the United States in the I-90 
     Land Exchange process have been, or may be, deleted from the 
     final exchange under this Act due to value equalization or 
     other reasons. However, some or all of such deleted lands, or 
     other Plum Creek lands, may possess attributes that merit 
     their conveyance to the United States in a follow-up land 
     exchange, including lands in or around the Carbon River, the 
     Yakima River, the Pacific Crest Trail, Watch Mountain and 
     Goat Mountain on the Gifford Pinchot National Forest, the 
     Green River and the Manastash late successional reserve.
       (b) Future Exchange.--In furtherance of subsection (a), the 
     Secretary is authorized and directed to consult with Plum 
     Creek in examining opportunities for the United States to 
     acquire such deleted lands, or other Plum Creek lands in the 
     State of Washington, in a future exchange.
       (c) Report to Congress.--Not later than 18 months after the 
     date of enactment of this Act, the Secretary shall submit a 
     report to the Committee on Energy and Natural Resources of 
     the United States Senate and the Committee on Resources of 
     the United States House of Representatives briefly outlining 
     future land exchange opportunities with Plum Creek, including 
     those for which the Secretary is required to consult under

[[Page H11134]]

     section 608, which the Secretary determines merit detailed 
     analysis and consideration. The Secretary should identify the 
     most urgent acquisitions for purchase or exchange in the 
     report.

     SEC. 610. WILDERNESS STUDY AREA.

       In furtherance of the purposes of the Wilderness Act, if 
     the land exchange directed by this Act is consummated, the 
     area of land comprising approximately 15,000 acres, as 
     generally depicted on a map entitled ``Alpine Lakes 
     Wilderness Study Area'', dated October 1998, shall be 
     reviewed by the Secretary of Agriculture as to its 
     suitability for preservation as wilderness. The Secretary 
     shall submit a report and findings to the President, and the 
     President shall submit his recommendations to the United 
     States House of Representatives and United States Senate no 
     later than three years after the date of enactment of this 
     Act. Subject to valid existing rights and existing uses, such 
     lands shall, until Congress determines otherwise or until 
     December 31, 2003, be administered by the Secretary to 
     maintain their wilderness character existing as of the date 
     of enactment of this Act and potential for inclusion in the 
     National Wilderness Preservation System, and shall be 
     withdrawn from all forms of entry and appropriation under the 
     U.S. mining and mineral leasing laws, including the 
     Geothermal Steam Act of 1970.

     SEC. 611. KELLY BUTTE SPECIAL MANAGEMENT AREA.

       (a) Establishment.--Upon conveyance to the United States of 
     the Plum Creek offered lands in the Kelly Butte area, there 
     is hereby established the Kelly Butte Special Management Area 
     in the Mt. Baker-Snoqualmie National Forest, Washington, 
     comprising approximately 5,642 acres, as generally depicted 
     on a map entitled ``Kelly Butte Special Management Area'', 
     dated October 1998.
       (b) Management.--The Kelly Butte Special Management Area 
     shall be managed by the Secretary in accordance with the 
     laws, rules and regulations generally applicable to National 
     Forest System lands, and subject to the following 
     additional provisions:
       (1) the Area shall be managed with special emphasis on:
       (A) preserving its natural character and protecting and 
     enhancing water quality in the upper Green River watershed;
       (B) permitting hunting and fishing;
       (C) providing opportunities for primitive and semi-
     primitive recreation and scientific research and study;
       (D) protecting and enhancing populations of fish, wildlife 
     and native plant species; and
       (E) allowing for traditional uses by native American 
     peoples;
       (2) commercial timber harvest and road construction shall 
     be prohibited;
       (3) the Area shall be closed to the use of motor vehicles, 
     except as may be necessary for administrative purposes or in 
     emergencies (including rescue operations) to protect public 
     health and safety; and
       (4) the Area shall, subject to valid existing rights, be 
     permanently withdrawn from all forms of entry and 
     appropriation under the U.S. mining laws and mineral leasing 
     laws, including the Geothermal Steam Act of 1970.
       (c) No Buffer Zones.--Congress does not intend that the 
     designation of the Kelly Butte Special Management Area lead 
     to the creation of protective perimeters or buffer zones 
     around the Area. The fact that non-compatible activities or 
     uses can be seen or heard from within the Kelly Butte Special 
     Management Area shall not, of itself, preclude such 
     activities or uses up to the boundary of the Area.

     SEC. 612. EFFECT ON COUNTY REVENUES.

       The Secretary shall consult with the appropriate Committees 
     of Congress, and local elected officials in the counties in 
     the State of Washington in which the offered lands are 
     located, regarding options to minimize the adverse effect on 
     county revenues of the transfer of the offered lands from 
     private to Federal ownership.

        TITLE VII--INDIAN TRIBAL TORT CLAIMS AND RISK MANAGEMENT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Indian Tribal Tort Claims 
     and Risk Management Act of 1998''.

     SEC. 702. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Indian tribes have made significant achievements toward 
     developing a foundation for economic self-sufficiency and 
     self-determination, and that economic self-sufficiency and 
     self-determination have increased opportunities for the 
     Indian tribes and other entities and persons to interact more 
     frequently in commerce and intergovernmental relationships;
       (2) although Indian tribes have sought and secured 
     liability insurance coverage to meet their needs, many Indian 
     tribes are faced with significant barriers to obtaining 
     liability insurance because of the high cost or 
     unavailability of such coverage in the private market;
       (3) as a result, Congress has extended liability coverage 
     provided to Indian tribes to organizations to carry out 
     activities under the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.); and
       (4) there is an emergent need for comprehensive and cost-
     efficient insurance that allows the economy of Indian tribes 
     to continue to grow and provides compensation to persons that 
     may suffer personal injury or loss of property.
       (b) Purpose.--The purpose of this title is to provide for a 
     study to facilitate relief for a person who is injured as a 
     result of an official action of a tribal government.

     SEC. 703. DEFINITIONS.

       In this title:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given that term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Tribal organization.--The term ``tribal organization'' 
     has the meaning given that term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).

     SEC. 704. STUDY AND REPORT TO CONGRESS.

       (a) In General.--
       (1) Study.--In order to minimize and, if possible, 
     eliminate redundant or duplicative liability insurance 
     coverage and to ensure that the provision of insurance to 
     Indian tribes is cost-effective, the Secretary shall conduct 
     a comprehensive survey of the degree, type, and adequacy of 
     liability insurance coverage of Indian tribes at the time of 
     the study.
       (2) Contents of study.--The study conducted under this 
     subsection shall include--
       (A) an analysis of loss data;
       (B) risk assessments;
       (C) projected exposure to liability, and related matters; 
     and
       (D) the category of risk and coverage involved, which may 
     include--
       (i) general liability;
       (ii) automobile liability;
       (iii) the liability of officials of the Indian tribe;
       (iv) law enforcement liability;
       (v) workers' compensation; and
       (vi) other types of liability contingencies.
       (3) Assessment of coverage by categories of risk.--For each 
     Indian tribe, for each category of risk identified under 
     paragraph (2), the Secretary, in conducting the study, shall 
     determine whether insurance coverage or coverage under 
     chapter 171 of title 28, United States Code, applies to that 
     Indian tribe for that activity.
       (b) Report.--Not later than June 1, 1999, and annually 
     thereafter, the Secretary shall submit a report to Congress 
     that contains legislative recommendations that the Secretary 
     determines to--
       (1) be appropriate to improve the provision of insurance 
     coverage to Indian tribes; or
       (2) otherwise achieve the purpose of providing relief to 
     persons who are injured as a result of an official action of 
     a tribal government.

     SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Department 
     of the Interior such sums as may be necessary to carry out 
     this title.
       This Act may be cited as the ``Department of the Interior 
     and Related Agencies Appropriations Act, 1999''.
       (f) For programs, projects or activities in the Department 
     of Labor, Health and Human Services, and Education, and 
     Related Agencies Appropriations Act, 1999, provided as 
     follows, to be effective as if it had been enacted into law 
     as the regular appropriatiions Act:
     AN ACT Making appropriations for the Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies for the fiscal year ending September 30, 1999, and 
     for other purposes.

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    training and employment services

                         (including rescission)

       For necessary expenses of the Job Training Partnership Act, 
     as amended, including the purchase and hire of passenger 
     motor vehicles, the construction, alteration, and repair of 
     buildings and other facilities, and the purchase of real 
     property for training centers as authorized by the Job 
     Training Partnership Act; the Stewart B. McKinney Homeless 
     Assistance Act; the Women in Apprenticeship and 
     Nontraditional Occupations Act; the National Skill Standards 
     Act of 1994; section 166(j) of the Workforce Investment Act 
     of 1998; and the School-to-Work Opportunities Act; 
     $5,272,324,000 plus reimbursements, of which $3,740,287,000 
     is available for obligation for the period July 1, 1999 
     through June 30, 2000; of which $1,250,965,000 is available 
     for obligation for the period April 1, 1999 through June 30, 
     2000, including $250,000,000 for activities authorized by 
     section 127(b)(1) of the Workforce Investment Act; of which 
     $152,072,000 is available for the period July 1, 1999 through 
     June 30, 2002, including $1,500,000 under authority of part B 
     of title III of the Job Training Partnership Act for use by 
     The Organizing Committee for The 2001 Special Olympics World 
     Winter Games in Alaska to promote employment opportunities 
     for individuals with mental disabilities, and $150,572,000 
     for necessary expenses of construction, rehabilitation, and 
     acquisition of Job Corps centers; and of which $125,000,000 
     shall be available from July 1, 1999 through September 30, 
     2000, for carrying out activities of the School-to-Work 
     Opportunities Act: Provided, That funds made available under 
     this heading to carry out the Job Training Partnership Act 
     may be used for transition to, and implementation of, the 
     provisions of the Workforce Investment Act of 1998: Provided 
     further, That $57,815,000 shall be for carrying out section 
     401 of the Job Training Partnership Act, $71,517,000 shall be 
     for carrying out section 402 of such Act, $7,300,000 shall be 
     for carrying out section 441 of such Act, $9,000,000 shall be 
     for all activities conducted by and through the National 
     Occupational Information Coordinating Committee under such 
     Act, $955,000,000 shall be for carrying out title II, part A 
     of such Act, and $129,965,000 shall be for carrying out title 
     II, part C of such Act: Provided further, That funding 
     appropriated herein under authority of part B of title III of 
     the Job Training Partnership Act includes $5,000,000 for use 
     by The Organizing Committee for The 1999 Special Olympics 
     World Summer Games to promote employment opportunities for 
     individuals with mental disabilities: Provided further, That 
     $57,815,000 shall be for carrying out section 401 of the 
     Job Training Partnership Act, $71,517,000 shall be for 
     carrying out section 402 of such Act, $7,300,000 shall be 
     for carrying out section 441 of such Act, $9,000,000 shall 
     be for all activities

[[Page H11135]]

     conducted by and through the National Occupational 
     Information Coordinating Committee under such Act, 
     $955,000,000 shall be for carrying out title II, part A of 
     such Act, and $129,965,000 shall be for carrying out title 
     II, part C of such Act: Provided further, That funding 
     appropriated herein under authority of part B of title III 
     of the Job Training Partnership Act includes $5,000,000 
     for use by The Organizing Committee for The 1999 Special 
     Olympics World Summer Games to promote employment 
     opportunities for individuals with mental disabilities: 
     Provided further, That the National Occupational 
     Information Coordinating Committee is authorized, 
     effective upon enactment, to charge fees for publications, 
     training and technical assistance developed by the 
     National Occupational Information Coordinating Committee: 
     Provided further, That revenues received from publications 
     and delivery of technical assistance and training, 
     notwithstanding 31 U.S.C. 3302, shall be credited to the 
     National Occupational Information Coordinating Committee 
     program account and shall be available to the National 
     Occupational Information Coordinating Committee without 
     further appropriations, so long as such revenues are used 
     for authorized activities of the National Occupational 
     Information Coordinating Committee: Provided further, That 
     no funds from any other appropriation shall be used to 
     provide meal services at or for Job Corps centers: 
     Provided further, That funds provided for title III of the 
     Job Training Partnership Act shall not be subject to the 
     limitation contained in subsection (b) of section 315 of 
     such Act; that the waiver described in section 315(a)(2) 
     may be granted if a substate grantee demonstrates to the 
     Governor that such waiver is appropriate due to the 
     availability of low-cost retraining services, is necessary 
     to facilitate the provision of needs-related payments to 
     accompany long-term training, or is necessary to 
     facilitate the provision of appropriate basic readjustment 
     services; and that funds provided for discretionary grants 
     under part B of such title III may be used to provide 
     needs-related payments to participants who, in lieu of 
     meeting the enrollment requirements under section 314(e) 
     of such Act, are enrolled in training by the end of the 
     sixth week after grant funds have been awarded: Provided 
     further, That funds provided to carry out section 324 of 
     such Act may be used for demonstration projects that 
     provide assistance to new entrants in the workforce and 
     incumbent workers: Provided further, That service-delivery 
     areas may transfer funding provided herein under authority 
     of title II, parts B and C of the Job Training Partnership 
     Act between the programs authorized by those titles of the 
     Act, if the transfer is approved by the Governor: Provided 
     further, That service delivery areas and substate areas 
     may transfer up to 20 percent of the funding provided 
     herein under authority of title II, part A and title III 
     of the Job Training Partnership Act between the programs 
     authorized by those titles of the Act, if such transfer is 
     approved by the Governor: Provided further, That, 
     notwithstanding any other provision of law, any proceeds 
     from the sale of Job Corps center facilities shall be 
     retained by the Secretary of Labor to carry out the Job 
     Corps program: Provided further, That notwithstanding any 
     other provision of law, the Secretary of Labor may waive 
     any of the statutory or regulatory requirements of titles 
     I-III of the Job Training Partnership Act (except for 
     requirements relating to wage and labor standards, worker 
     rights, participation and protection, grievance procedures 
     and judicial review, nondiscrimination, allocation of 
     funds to local areas, eligibility, review and approval of 
     plans, the establishment and functions of service delivery 
     areas and private industry councils, and the basic 
     purposes of the Act), and any of the statutory or 
     regulatory requirements of sections 8-10 of the Wagner-
     Peyser Act (except for requirements relating to the 
     provision of services to unemployment insurance claimants 
     and veterans, and to universal access to basic labor 
     exchange services without cost to job seekers), only for 
     funds available for expenditure in program year 1999, 
     pursuant to a request submitted by a State which 
     identifies the statutory or regulatory requirements that 
     are requested to be waived and the goals which the State 
     or local service delivery areas intend to achieve, 
     describes the actions that the State or local service 
     delivery areas have undertaken to remove State or local 
     statutory or regulatory barriers, describes the goals of 
     the waiver and the expected programmatic outcomes if the 
     request is granted, describes the individuals impacted by 
     the waiver, and describes the process used to monitor the 
     progress in implementing a waiver, and for which notice 
     and an opportunity to comment on such request has been 
     provided to the organizations identified in section 
     105(a)(1) of the Job Training Partnership Act, if and only 
     to the extent that the Secretary determines that such 
     requirements impede the ability of the State to implement 
     a plan to improve the workforce development system and the 
     State has executed a Memorandum of Understanding with the 
     Secretary requiring such State to meet agreed upon 
     outcomes and implement other appropriate measures to 
     ensure accountability.
       Of the funds made available beginning on October 1, 1998 
     under this heading in Public Law 105-78 for Opportunity Areas 
     of Out-of-School Youth, $250,000,000 are rescinded.


            community service employment for older americans

       To carry out the activities for national grants or 
     contracts with public agencies and public or private 
     nonprofit organizations under paragraph (1)(A) of section 
     506(a) of title V of the Older Americans Act of 1965, as 
     amended, or to carry out older worker activities as 
     subsequently authorized, $343,356,000.
       To carry out the activities for grants to States under 
     paragraph (3) of section 506(a) of title V of the Older 
     Americans Act of 1965, as amended, or to carry out older 
     worker activities as subsequently authorized, $96,844,000.


              federal unemployment benefits and allowances

       For payments during the current fiscal year of trade 
     adjustment benefit payments and allowances under part I; and 
     for training, allowances for job search and relocation, and 
     related State administrative expenses under part II, 
     subchapters B and D, chapter 2, title II of the Trade Act of 
     1974, as amended, $360,700,000, together with such amounts as 
     may be necessary to be charged to the subsequent 
     appropriation for payments for any period subsequent to 
     September 15 of the current year.


     state unemployment insurance and employment service operations

       For authorized administrative expenses, $162,097,000, 
     together with not to exceed $3,132,076,000 (including not to 
     exceed $1,228,000 which may be used for amortization payments 
     to States which had independent retirement plans in their 
     State employment service agencies prior to 1980), which may 
     be expended from the Employment Security Administration 
     account in the Unemployment Trust Fund including the cost of 
     administering section 1201 of the Small Business Job 
     Protection Act of 1996, section 7(d) of the Wagner-Peyser 
     Act, as amended, section 461 of the Job Training Partnership 
     Act, the Trade Act of 1974, as amended, the Immigration Act 
     of 1990, and the Immigration and Nationality Act, as amended, 
     and of which the sums available in the allocation for 
     activities authorized by title III of the Social Security 
     Act, as amended (42 U.S.C. 502-504), and the sums available 
     in the allocation for necessary administrative expenses for 
     carrying out 5 U.S.C. 8501-8523, shall be available for 
     obligation by the States through December 31, 1999, except 
     that funds used for automation acquisitions shall be 
     available for obligation by the States through September 30, 
     2001; and of which $162,097,000, together with not to exceed 
     $746,138,000 of the amount which may be expended from said 
     trust fund, shall be available for obligation for the period 
     July 1, 1999 through June 30, 2000, to fund activities under 
     the Act of June 6, 1933, as amended, including the cost of 
     penalty mail authorized under 39 U.S.C. 3202(a)(1)(E) made 
     available to States in lieu of allotments for such purpose, 
     and of which $180,933,000 shall be available only to the 
     extent necessary for additional State allocations to 
     administer unemployment compensation laws to finance 
     increases in the number of unemployment insurance claims 
     filed and claims paid or changes in a State law: Provided, 
     That to the extent that the Average Weekly Insured 
     Unemployment (AWIU) for fiscal year 1999 is projected by the 
     Department of Labor to exceed 2,629,000, an additional 
     $28,600,000 shall be available for obligation for every 
     100,000 increase in the AWIU level (including a pro rata 
     amount for any increment less than 100,000) from the 
     Employment Security Administration Account of the 
     Unemployment Trust Fund: Provided further, That funds 
     appropriated in this Act which are used to establish a 
     national one-stop career center network may be obligated 
     in contracts, grants or agreements with non-State 
     entities: Provided further, That funds appropriated under 
     this Act for activities authorized under the Wagner-Peyser 
     Act, as amended, and title III of the Social Security Act, 
     may be used by the States to fund integrated Employment 
     Service and Unemployment Insurance automation efforts, 
     notwithstanding cost allocation principles prescribed 
     under Office of Management and Budget Circular A-87.


        advances to the unemployment trust fund and other funds

       For repayable advances to the Unemployment Trust Fund as 
     authorized by sections 905(d) and 1203 of the Social Security 
     Act, as amended, and to the Black Lung Disability Trust Fund 
     as authorized by section 9501(c)(1) of the Internal Revenue 
     Code of 1954, as amended; and for nonrepayable advances to 
     the Unemployment Trust Fund as authorized by section 8509 of 
     title 5, United States Code, and to the ``Federal 
     unemployment benefits and allowances'' account, to remain 
     available until September 30, 2000, $357,000,000.
       In addition, for making repayable advances to the Black 
     Lung Disability Trust Fund in the current fiscal year after 
     September 15, 1999, for costs incurred by the Black Lung 
     Disability Trust Fund in the current fiscal year, such sums 
     as may be necessary.


                         program administration

       For expenses of administering employment and training 
     programs, $94,410,000, including $6,360,000 to support up to 
     75 full-time equivalent staff, the majority of which will be 
     term Federal appointments lasting no more than two years, to 
     administer welfare-to-work grants, together with not to 
     exceed $43,716,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund.

              Pension and Welfare Benefits Administration


                         salaries and expenses

       For necessary expenses for the Pension and Welfare Benefits 
     Administration, $90,000,000.

                  Pension Benefit Guaranty Corporation


               pension benefit guaranty corporation fund

       The Pension Benefit Guaranty Corporation is authorized to 
     make such expenditures, including financial assistance 
     authorized by section 104 of Public Law 96-364, within limits 
     of funds and borrowing authority available to such 
     Corporation, and in accord with law, and to make such 
     contracts and commitments without regard to fiscal year 
     limitations as provided by section 104 of the Government 
     Corporation Control Act, as amended (31 U.S.C. 9104), as may 
     be necessary in carrying out the program through September 
     30, 1999, for such Corporation: Provided,

[[Page H11136]]

     That not to exceed $10,958,000 shall be available for 
     administrative expenses of the Corporation: Provided further, 
     That expenses of such Corporation in connection with the 
     termination of pension plans, for the acquisition, protection 
     or management, and investment of trust assets, and for 
     benefits administration services shall be considered as non-
     administrative expenses for the purposes hereof, and excluded 
     from the above limitation.

                  Employment Standards Administration


                         salaries and expenses

       For necessary expenses for the Employment Standards 
     Administration, including reimbursement to State, Federal, 
     and local agencies and their employees for inspection 
     services rendered, $312,076,000, together with $1,924,000 
     which may be expended from the Special Fund in accordance 
     with sections 39(c), 44(d) and 44(j) of the Longshore and 
     Harbor Workers' Compensation Act: Provided, That $1,000,000 
     shall be for the development of an alternative system for the 
     electronic submission of reports as required to be filed 
     under the Labor-Management Reporting and Disclosure Act of 
     1959, as amended, and for a computer database of the 
     information for each submission by whatever means, that is 
     indexed and easily searchable by the public via the 
     Internet: Provided further, That the Secretary of Labor is 
     authorized to accept, retain, and spend, until expended, 
     in the name of the Department of Labor, all sums of money 
     ordered to be paid to the Secretary of Labor, in 
     accordance with the terms of the Consent Judgment in Civil 
     Action No. 91-0027 of the United States District Court for 
     the District of the Northern Mariana Islands (May 21, 
     1992): Provided further, That the Secretary of Labor is 
     authorized to establish and, in accordance with 31 U.S.C. 
     3302, collect and deposit in the Treasury fees for 
     processing applications and issuing certificates under 
     sections 11(d) and 14 of the Fair Labor Standards Act of 
     1938, as amended (29 U.S.C. 211(d) and 214) and for 
     processing applications and issuing registrations under 
     title I of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1801 et seq.).


                            special benefits

                     (including transfer of funds)

       For the payment of compensation, benefits, and expenses 
     (except administrative expenses) accruing during the current 
     or any prior fiscal year authorized by title 5, chapter 81 of 
     the United States Code; continuation of benefits as provided 
     for under the head ``Civilian War Benefits'' in the Federal 
     Security Agency Appropriation Act, 1947; the Employees' 
     Compensation Commission Appropriation Act, 1944; sections 
     4(c) and 5(f) of the War Claims Act of 1948 (50 U.S.C. App. 
     2012); and 50 percent of the additional compensation and 
     benefits required by section 10(h) of the Longshore and 
     Harbor Workers' Compensation Act, as amended, $179,000,000 
     together with such amounts as may be necessary to be charged 
     to the subsequent year appropriation for the payment of 
     compensation and other benefits for any period subsequent to 
     August 15 of the current year: Provided, That amounts 
     appropriated may be used under section 8104 of title 5, 
     United States Code, by the Secretary of Labor to reimburse an 
     employer, who is not the employer at the time of injury, for 
     portions of the salary of a reemployed, disabled beneficiary: 
     Provided further, That balances of reimbursements unobligated 
     on September 30, 1998, shall remain available until expended 
     for the payment of compensation, benefits, and expenses: 
     Provided further, That in addition there shall be transferred 
     to this appropriation from the Postal Service and from any 
     other corporation or instrumentality required under section 
     8147(c) of title 5, United States Code, to pay an amount for 
     its fair share of the cost of administration, such sums as 
     the Secretary determines to be the cost of administration for 
     employees of such fair share entities through September 30, 
     1999: Provided further, That of those funds transferred to 
     this account from the fair share entities to pay the cost of 
     administration, $20,250,000 shall be made available to the 
     Secretary as follows: for the operation of and enhancement to 
     the automated data processing systems in support of Federal 
     Employees' Compensation Act administration, $11,969,000; for 
     expenditures relating to the expansion of the periodic roll 
     management project, $6,652,000; for the financial management 
     improvement project, $1,629,000; and the remaining funds 
     shall be paid into the Treasury as miscellaneous receipts: 
     Provided further, That the Secretary may require that any 
     person filing a notice of injury or a claim for benefits 
     under chapter 81 of title 5, United States Code, or 33 U.S.C. 
     901 et seq., provide as part of such notice and claim, such 
     identifying information (including Social Security account 
     number) as such regulations may prescribe.


                    black lung disability trust fund

                     (including transfer of funds)

       For payments from the Black Lung Disability Trust Fund, 
     $1,021,000,000, of which $969,725,000 shall be available 
     until September 30, 2000, for payment of all benefits as 
     authorized by section 9501(d) (1), (2), (4), and (7) of the 
     Internal Revenue Code of 1954, as amended, and interest on 
     advances as authorized by section 9501(c)(2) of that Act, and 
     of which $30,191,000 shall be available for transfer to 
     Employment Standards Administration, Salaries and 
     Expenses, $20,422,000 for transfer to Departmental 
     Management, Salaries and Expenses, $306,000 for transfer 
     to Departmental Management, Office of Inspector General, 
     and $356,000 for payment into miscellaneous receipts for 
     the expenses of the Department of Treasury, for expenses 
     of operation and administration of the Black Lung Benefits 
     program as authorized by section 9501(d)(5)(A) of that 
     Act: Provided, That, in addition, such amounts as may be 
     necessary may be charged to the subsequent year 
     appropriation for the payment of compensation, interest, 
     or other benefits for any period subsequent to August 15 
     of the current year.

             Occupational Safety and Health Administration


                         salaries and expenses

       For necessary expenses for the Occupational Safety and 
     Health Administration, $353,000,000, including not to exceed 
     $80,084,000 which shall be the maximum amount available for 
     grants to States under section 23(g) of the Occupational 
     Safety and Health Act, which grants shall be no less than 50 
     percent of the costs of State occupational safety and health 
     programs required to be incurred under plans approved by the 
     Secretary under section 18 of the Occupational Safety and 
     Health Act of 1970; and, in addition, notwithstanding 31 
     U.S.C. 3302, the Occupational Safety and Health 
     Administration may retain up to $750,000 per fiscal year of 
     training institute course tuition fees, otherwise authorized 
     by law to be collected, and may utilize such sums for 
     occupational safety and health training and education grants: 
     Provided, That, notwithstanding 31 U.S.C. 3302, the Secretary 
     of Labor is authorized, during the fiscal year ending 
     September 30, 1999, to collect and retain fees for services 
     provided to Nationally Recognized Testing Laboratories, and 
     may utilize such sums, in accordance with the provisions of 
     29 U.S.C. 9a, to administer national and international 
     laboratory recognition programs that ensure the safety of 
     equipment and products used by workers in the workplace: 
     Provided further, That none of the funds appropriated under 
     this paragraph shall be obligated or expended to prescribe, 
     issue, administer, or enforce any standard, rule, regulation, 
     or order under the Occupational Safety and Health Act of 1970 
     which is applicable to any person who is engaged in a farming 
     operation which does not maintain a temporary labor camp and 
     employs ten or fewer employees: Provided further, That no 
     funds appropriated under this paragraph shall be obligated or 
     expended to administer or enforce any standard, rule, 
     regulation, or order under the Occupational Safety and Health 
     Act of 1970 with respect to any employer of ten or fewer 
     employees who is included within a category having an 
     occupational injury lost workday case rate, at the most 
     precise Standard Industrial Classification Code for which 
     such data are published, less than the national average rate 
     as such rates are most recently published by the Secretary, 
     acting through the Bureau of Labor Statistics, in accordance 
     with section 24 of that Act (29 U.S.C. 673), except--
       (1) to provide, as authorized by such Act, consultation, 
     technical assistance, educational and training services, and 
     to conduct surveys and studies;
       (2) to conduct an inspection or investigation in response 
     to an employee complaint, to issue a citation for violations 
     found during such inspection, and to assess a penalty for 
     violations which are not corrected within a reasonable 
     abatement period and for any willful violations found;
       (3) to take any action authorized by such Act with respect 
     to imminent dangers;
       (4) to take any action authorized by such Act with respect 
     to health hazards;
       (5) to take any action authorized by such Act with respect 
     to a report of an employment accident which is fatal to one 
     or more employees or which results in hospitalization of two 
     or more employees, and to take any action pursuant to such 
     investigation authorized by such Act; and
       (6) to take any action authorized by such Act with respect 
     to complaints of discrimination against employees for 
     exercising rights under such Act: Provided further, That the 
     foregoing proviso shall not apply to any person who is 
     engaged in a farming operation which does not maintain a 
     temporary labor camp and employs ten or fewer employees.

                 Mine Safety and Health Administration


                         salaries and expenses

       For necessary expenses for the Mine Safety and Health 
     Administration, $211,165,000, including purchase and bestowal 
     of certificates and trophies in connection with mine rescue 
     and first-aid work, and the hire of passenger motor vehicles; 
     and, in addition, not to exceed $750,000 may be collected by 
     the National Mine Health and Safety Academy for room, board, 
     tuition, and the sale of training materials, otherwise 
     authorized by law to be collected, to be available for mine 
     safety and health education and training activities, 
     notwithstanding 31 U.S.C. 3302; the Secretary is authorized 
     to accept lands, buildings, equipment, and other 
     contributions from public and private sources and to 
     prosecute projects in cooperation with other agencies, 
     Federal, State, or private; the Mine Safety and Health 
     Administration is authorized to promote health and safety 
     education and training in the mining community through 
     cooperative programs with States, industry, and safety 
     associations; and any funds available to the Department may 
     be used, with the approval of the Secretary, to provide for 
     the costs of mine rescue and survival operations in the event 
     of a major disaster: Provided, That none of the funds 
     appropriated under this paragraph shall be obligated or 
     expended to carry out section 115 of the Federal Mine Safety 
     and Health Act of 1977 or to carry out that portion of 
     section 104(g)(1) of such Act relating to the enforcement of 
     any training requirements, with respect to shell dredging, or 
     with respect to any sand, gravel, surface stone, surface 
     clay, colloidal phosphate, or surface limestone mine: 
     Provided further, That the Mine Safety and Health 
     Administration may obligate or expend funds to promulgate 
     final training regulations that are designed for the above 
     named industries by no later than September 30, 1999.

[[Page H11137]]

                       Bureau of Labor Statistics


                         salaries and expenses

       For necessary expenses for the Bureau of Labor Statistics, 
     including advances or reimbursements to State, Federal, and 
     local agencies and their employees for services rendered, 
     $344,724,000, of which $11,159,000 shall be for expenses of 
     revising the Consumer Price Index and shall remain available 
     until September 30, 2000, together with not to exceed 
     $54,146,000, which may be expended from the Employment 
     Security Administration account in the Unemployment Trust 
     Fund.

                        Departmental Management


                         salaries and expenses

       For necessary expenses for Departmental Management, 
     including the hire of three sedans, and including up to 
     $6,750,000 for the President's Committee on Employment of 
     People With Disabilities, and including $500,000 to fund the 
     activities of the Twenty-First Century Workforce Commission 
     authorized by section 334 of the Workforce Investment Act of 
     1998, $190,832,000; together with not to exceed $299,000, 
     which may be expended from the Employment Security 
     Administration account in the Unemployment Trust Fund: 
     Provided, That no funds made available by this Act may be 
     used by the Solicitor of Labor to participate in a review in 
     any United States court of appeals of any decision made by 
     the Benefits Review Board under section 21 of the Longshore 
     and Harbor Workers' Compensation Act (33 U.S.C. 921) where 
     such participation is precluded by the decision of the United 
     States Supreme Court in Director, Office of Workers' 
     Compensation Programs v. Newport News Shipbuilding, 115 S. 
     Ct. 1278 (1995), notwithstanding any provisions to the 
     contrary contained in Rule 15 of the Federal Rules of 
     Appellate Procedure: Provided further, That no funds made 
     available by this Act may be used by the Secretary of 
     Labor to review a decision under the Longshore and Harbor 
     Workers' Compensation Act (33 U.S.C. 901 et seq.) that has 
     been appealed and that has been pending before the 
     Benefits Review Board for more than 12 months: Provided 
     further, That any such decision pending a review by the 
     Benefits Review Board for more than one year shall be 
     considered affirmed by the Benefits Review Board on the 
     one-year anniversary of the filing of the appeal, and 
     shall be considered the final order of the Board for 
     purposes of obtaining a review in the United States courts 
     of appeals: Provided further, That these provisions shall 
     not be applicable to the review or appeal of any decision 
     issued under the Black Lung Benefits Act (30 U.S.C. 901 et 
     seq.).


        assistant secretary for veterans employment and training

       Not to exceed $182,719,000 may be derived from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund to carry out the provisions of 38 
     U.S.C. 4100-4110A, 4212, 4214 and 4321-4327, and Public Law 
     103-353, and which shall be available for obligation by the 
     States through December 31, 1999.


                      office of inspector general

       For salaries and expenses of the Office of Inspector 
     General in carrying out the provisions of the Inspector 
     General Act of 1978, as amended, $43,852,000, together with 
     not to exceed $3,648,000, which may be expended from the 
     Employment Security Administration account in the 
     Unemployment Trust Fund.

                           GENERAL PROVISIONS

       Sec. 101. None of the funds appropriated in this title for 
     the Job Corps shall be used to pay the compensation of an 
     individual, either as direct costs or any proration as an 
     indirect cost, at a rate in excess of Executive Level III.
       Sec. 102. Reversion of Unallotted Formula Funds Under 
     Welfare-to-Work. Section 403(a)(5)(A) of the Social Security 
     Act is amended by adding the following clause:
       ``(ix) Reversion of Unallotted Formula Funds.--If at the 
     end of any fiscal year any funds available under this 
     subparagraph have not been allotted due to a determination by 
     the Secretary that any State has not met the requirements of 
     clause (ii), such funds shall be transferred to the General 
     Fund of the Treasury of the United States.''.


                          (transfer of funds)

       Sec. 103. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act, as amended) which are appropriated for the 
     current fiscal year for the Department of Labor in this Act 
     may be transferred between appropriations, but no such 
     appropriation shall be increased by more than 3 percent by 
     any such transfer: Provided, That the Appropriations 
     Committees of both Houses of Congress are notified at least 
     fifteen days in advance of any transfer.
       Sec. 104. Funds shall be available for carrying out title 
     IV-B of the Job Training Partnership Act, notwithstanding 
     section 427(c) of that Act, if a Job Corps center fails to 
     meet national performance standards established by the 
     Secretary.
       This title may be cited as the ``Department of Labor 
     Appropriations Act, 1999''.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     health resources and services

       For carrying out titles II, III, VII, VIII, X, XII, XIX, 
     and XXVI of the Public Health Service Act, section 427(a) of 
     the Federal Coal Mine Health and Safety Act, title V and 
     section 1820 of the Social Security Act, the Health Care 
     Quality Improvement Act of 1986, as amended, and the Native 
     Hawaiian Health Care Act of 1988, as amended, $4,108,040,000, 
     of which $150,000 shall remain available until expended for 
     interest subsidies on loan guarantees made prior to fiscal 
     year 1981 under part B of title VII of the Public Health 
     Service Act, and of which $65,345,000 shall be available for 
     the construction and renovation of health care and other 
     facilities, and of which $25,000,000 from general revenues, 
     notwithstanding section 1820(j) of the Social Security Act, 
     shall be available for carrying out the Medicare rural 
     hospital flexibility grants program under section 1820 of 
     such Act: Provided, That the Division of Federal Occupational 
     Health may utilize personal services contracting to employ 
     professional management/administrative and occupational 
     health professionals: Provided further, That of the funds 
     made available under this heading, $250,000 shall be 
     available until expended for facilities renovations at the 
     Gillis W. Long Hansen's Disease Center: Provided further, 
     That in addition to fees authorized by section 427(b) of the 
     Health Care Quality Improvement Act of 1986, fees shall be 
     collected for the full disclosure of information under the 
     Act sufficient to recover the full costs of operating the 
     National Practitioner Data Bank, and shall remain available 
     until expended to carry out that Act: Provided further, That 
     no more than $5,000,000 is available for carrying out the 
     provisions of Public Law 104-73: Provided further, That of 
     the funds made available under this heading, $215,000,000 
     shall be for the program under title X of the Public Health 
     Service Act to provide for voluntary family planning 
     projects: Provided further, That amounts provided to said 
     projects under such title shall not be expended for 
     abortions, that all pregnancy counseling shall be 
     nondirective, and that such amounts shall not be expended for 
     any activity (including the publication or distribution of 
     literature) that in any way tends to promote public support 
     or opposition to any legislative proposal or candidate for 
     public office: Provided further, That $461,000,000 shall be 
     for State AIDS Drug Assistance Programs authorized by section 
     2616 of the Public Health Service Act: Provided further, That 
     notwithstanding any other provision of law, funds made 
     available under this heading may be used to continue 
     operating the Council on Graduate Medical Education 
     established by section 301 of Public Law 102-408: Provided 
     further, That, notwithstanding section 502(a)(1) of the 
     Social Security Act, not to exceed $107,434,000 is available 
     for carrying out special projects of regional and national 
     significance pursuant to section 501(a)(2) of such Act: 
     Provided further, That of the amount provided, $2,000,000 
     shall be for support of the Center for Sustainable Health 
     Outreach at the University of Southern Mississippi in 
     affiliation with Harrison Institute at Georgetown University 
     for the establishment of demonstration programs that create 
     model health access programs, health-related jobs and 
     sustainability of community-based providers of health 
     services in rural and urban communities; and $1,250,000 shall 
     be for the American Federation for Negro Affairs Education 
     and Research Fund.


               medical facilities guarantee and loan fund

           federal interest subsidies for medical facilities

       For carrying out subsections (d) and (e) of section 1602 of 
     the Public Health Service Act, $1,000,000, together with any 
     amounts received by the Secretary in connection with loans 
     and loan guarantees under title VI of the Public Health 
     Service Act, to be available without fiscal year limitation 
     for the payment of interest subsidies. During the fiscal 
     year, no commitments for direct loans or loan guarantees 
     shall be made.


               health education assistance loans program

       Such sums as may be necessary to carry out the purpose of 
     the program, as authorized by Title VII of the Public Health 
     Service Act, as amended. For administrative expenses to carry 
     out the guaranteed loan program, including section 709 of the 
     Public Health Service Act, $3,688,000.


             vaccine injury compensation program trust fund

       For payments from the Vaccine Injury Compensation Program 
     Trust Fund, such sums as may be necessary for claims 
     associated with vaccine-related injury or death with respect 
     to vaccines administered after September 30, 1988, pursuant 
     to subtitle 2 of title XXI of the Public Health Service Act, 
     to remain available until expended: Provided, That for 
     necessary administrative expenses, not to exceed $3,000,000 
     shall be available from the Trust Fund to the Secretary of 
     Health and Human Services.

                      vaccine injury compensation

       For payment of claims resolved by the United States Court 
     of Federal Claims related to the administration of vaccines 
     before October 1, 1988, $100,000,000, to remain available 
     until expended.

               Centers for Disease Control and Prevention


                disease control, research, and training

       To carry out titles II, III, VII, XI, XV, XVII, XIX and 
     XXVI of the Public Health Service Act, sections 101, 102, 
     103, 201, 202, 203, 301, and 501 of the Federal Mine Safety 
     and Health Act of 1977, sections 20, 21 and 22 of the 
     Occupational Safety and Health Act of 1970, title IV of the 
     Immigration and Nationality Act and section 501 of the 
     Refugee Education Assistance Act of 1980; including insurance 
     of official motor vehicles in foreign countries; and hire, 
     maintenance, and operation of aircraft, $2,558,520,000, of 
     which $17,800,000 shall remain available until expended for 
     equipment and construction and renovation of facilities, and 
     in addition, such sums as may be derived from authorized user 
     fees, which shall be credited to this account: Provided, That 
     in addition to amounts provided herein, up to $67,793,000 
     shall be available from amounts available under section 241 
     of the Public Health Service Act, to carry out the National 
     Center for Health Statistics surveys: Provided further, That 
     none of the funds made available for injury prevention and 
     control at the Centers for Disease Control and Prevention may 
     be used

[[Page H11138]]

     to advocate or promote gun control: Provided further, That 
     the Director may redirect the total amount made available 
     under authority of Public Law 101-502, section 3, dated 
     November 3, 1990, to activities the Director may so 
     designate: Provided further, That the Congress is to be 
     notified promptly of any such transfer: Provided further, 
     That notwithstanding any other provison of law, a single 
     contract or related contracts for the development and 
     construction of the infectious disease laboratory through the 
     General Services Administration may be employed which 
     collectively include the full scope of the project: Provided 
     further, That the solicitation and contract shall contain the 
     clause ``availability of funds'' found at 48 CFR 52.232-18: 
     Provided further, That hereinafter obligations may be 
     incurred related to agreement with private entities without 
     receipt of advance payment.
       In addition, $51,000,000, to be derived from the Violent 
     Crime Reduction Trust Fund, for carrying out sections 40151 
     and 40261 of Public Law 103-322.

                     National Institutes of Health


                       national cancer institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cancer, $2,927,187,000.


               national heart, lung, and blood institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to cardiovascular, lung, and 
     blood diseases, and blood and blood products, $1,793,697,000.


         national institute of dental and craniofacial research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to dental disease, 
     $234,338,000.


    national institute of diabetes and digestive and kidney diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to diabetes and digestive and 
     kidney disease, $994,218,000.


        national institute of neurological disorders and stroke

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to neurological disorders and 
     stroke, $903,278,000.


         national institute of allergy and infectious diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to allergy and infectious 
     diseases, $1,570,102,000.


             national institute of general medical sciences

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to general medical sciences, 
     $1,197,825,000.


        national institute of child health and human development

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to child health and human 
     development, $750,982,000.


                         national eye institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to eye diseases and visual 
     disorders, $395,857,000.


          national institute of environmental health sciences

       For carrying out sections 301 and 311 and title IV of the 
     Public Health Service Act with respect to environmental 
     health sciences, $375,743,000.


                      national institute on aging

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to aging, $596,521,000.


 national institute of arthritis and musculoskeletal and skin diseases

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to arthritis and 
     musculoskeletal and skin diseases, $308,164,000.


    national institute on deafness and other communication disorders

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to deafness and other 
     communication disorders, $229,887,000.


                 national institute of nursing research

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to nursing research, 
     $69,834,000.


           national institute on alcohol abuse and alcoholism

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to alcohol abuse and 
     alcoholism, $259,747,000.


                    national institute on drug abuse

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to drug abuse, $603,274,000.


                  national institute of mental health

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to mental health, 
     $861,208,000.


                national human genome research institute

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to human genome research, 
     $264,892,000.


                 national center for research resources

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to research resources and 
     general research support grants, $554,819,000: Provided, That 
     none of these funds shall be used to pay recipients of the 
     general research support grants program any amount for 
     indirect expenses in connection with such grants: Provided 
     further, That $30,000,000 shall be for extramural facilities 
     construction grants.


                  john e. fogarty international center

       For carrying out the activities at the John E. Fogarty 
     International Center, $35,426,000.


                      national library of medicine

       For carrying out section 301 and title IV of the Public 
     Health Service Act with respect to health information 
     communications, $181,309,000, of which $4,000,000 shall be 
     available until expended for improvement of information 
     systems: Provided, That in fiscal year 1999, the Library may 
     enter into personal services contracts for the provision of 
     services in facilities owned, operated, or constructed under 
     the jurisdiction of the National Institutes of Health.


                         office of the director

                     (including transfer of funds)

       For carrying out the responsibilities of the Office of the 
     Director, National Institutes of Health, $306,559,000, of 
     which $43,493,000 shall be for the Office of AIDS Research: 
     Provided, That funding shall be available for the purchase of 
     not to exceed twenty-nine passenger motor vehicles for 
     replacement only: Provided further, That the Director may 
     direct up to 1 percent of the total amount made available in 
     this or any other Act to all National Institutes of Health 
     appropriations to activities the Director may so designate: 
     Provided further, That no such appropriation shall be 
     decreased by more than 1 percent by any such transfers and 
     that the Congress is promptly notified of the transfer: 
     Provided further, That NIH is authorized to collect third 
     party payments for the cost of clinical services that are 
     incurred in National Institutes of Health research facilities 
     and that such payments shall be credited to the National 
     Institutes of Health Management Fund: Provided further, That 
     all funds credited to the NIH Management Fund shall remain 
     available for one fiscal year after the fiscal year in which 
     they are deposited: Provided further, That up to $500,000 
     shall be available to carry out section 499 of the Public 
     Health Service Act: Provided further, That, notwithstanding 
     section 499(k)(10) of the Public Health Service Act, funds 
     from the National Foundation for Biomedical Research may be 
     transferred to the National Institutes of Health: Provided 
     further, That $50,000,000 shall be available to carry out 
     section 404E of the Public Health Service Act.


                        buildings and facilities

       For the study of, construction of, and acquisition of 
     equipment for, facilities of or used by the National 
     Institutes of Health, including the acquisition of real 
     property, $237,519,000, to remain available until expended, 
     of which $90,000,000 of the fiscal year 1999 funds shall be 
     for the clinical research center and $40,000,000 shall become 
     available on October 1, 1999 and $9,143,000 shall be for the 
     Vaccine Facility: Provided, That notwithstanding any other 
     provision of law, a single contract or related contracts for 
     the development and construction of the clinical research 
     center may be employed which collectively include the full 
     scope of the project: Provided further, That the solicitation 
     and contract shall contain the clause ``availability of 
     funds'' found at 48 CFR 52.232-18.

       Substance Abuse and Mental Health Services Administration


               substance abuse and mental health services

       For carrying out titles V and XIX of the Public Health 
     Service Act with respect to substance abuse and mental health 
     services, the Protection and Advocacy for Mentally Ill 
     Individuals Act of 1986, and section 301 of the Public Health 
     Service Act with respect to program management, 
     $2,488,005,000: Provided, That of the amount provided, 
     $300,000 shall be for the Philadelphia City-wide Improvement 
     and Planning Agency.


     retirement pay and medical benefits for commissioned officers

       For retirement pay and medical benefits of Public Health 
     Service Commissioned Officers as authorized by law, for 
     payments under the Retired Serviceman's Family Protection 
     Plan and Survivor Benefit Plan, for medical care of 
     dependents and retired personnel under the Dependents' 
     Medical Care Act (10 U.S.C. ch. 55), and for payments 
     pursuant to section 229(b) of the Social Security Act (42 
     U.S.C. 429(b)), such amounts as may be required during the 
     current fiscal year.

               Agency for Health Care Policy and Research


                    health care policy and research

       For carrying out titles III and IX of the Public Health 
     Service Act, and part A of title XI of the Social Security 
     Act, $100,408,000; in addition, amounts received from Freedom 
     of Information Act fees, reimbursable and interagency 
     agreements, and the sale of data tapes shall be credited to 
     this appropriation and shall remain available until expended: 
     Provided, That the amount made available pursuant to section 
     926(b) of the Public Health Service Act shall not exceed 
     $70,647,000.

                  Health Care Financing Administration


                     grants to states for medicaid

       For carrying out, except as otherwise provided, titles XI 
     and XIX of the Social Security Act, $74,593,733,000, to 
     remain available until expended.
       For making, after May 31, 1999, payments to States under 
     title XIX of the Social Security Act for the last quarter of 
     fiscal year 1999 for unanticipated costs, incurred for the 
     current fiscal year, such sums as may be necessary.
       For making payments to States under title XIX of the Social 
     Security Act for the first quarter of fiscal year 2000, 
     $28,733,605,000, to remain available until expended.
       Payment under title XIX may be made for any quarter with 
     respect to a State plan or plan amendment in effect during 
     such quarter, if submitted in or prior to such quarter and 
     approved in that or any subsequent quarter.


                  payments to health care trust funds

       For payment to the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds, as 
     provided under sections 217(g) and 1844 of the Social 
     Security Act,

[[Page H11139]]

     sections 103(c) and 111(d) of the Social Security Amendments 
     of 1965, section 278(d) of Public Law 97-248, and for 
     administrative expenses incurred pursuant to section 201(g) 
     of the Social Security Act, $62,953,000,000.


                           program management

       For carrying out, except as otherwise provided, titles XI, 
     XVIII, XIX and XXI of the Social Security Act, titles XIII 
     and XXVII of the Public Health Service Act, and the Clinical 
     Laboratory Improvement Amendments of 1988, not to exceed 
     $1,946,500,000 to be transferred from the Federal Hospital 
     Insurance and the Federal Supplementary Medical Insurance 
     Trust Funds, as authorized by section 201(g) of the Social 
     Security Act; together with all funds collected in accordance 
     with section 353 of the Public Health Service Act and such 
     sums as may be collected from authorized user fees and the 
     sale of data, which shall remain available until expended, 
     and together with administrative fees collected relative to 
     Medicare overpayment recovery activities, which shall remain 
     available until expended: Provided, That all funds derived in 
     accordance with 31 U.S.C. 9701 from organizations established 
     under title XIII of the Public Health Service Act shall be 
     credited to and available for carrying out the purposes of 
     this appropriation: Provided further, That $1,000,000 
     shall be for carrying out section 4021 of Public Law 105-
     33: Provided further, That $45,000,000 appropriated under 
     this heading for the transition to a single Part A and 
     Part B processing system and for Year 2000 century date 
     change conversion requirements of external contractor 
     systems shall remain available until expended: Provided 
     further, That $2,000,000 of the amount available for 
     research, demonstration, and evaluation activities shall 
     be available to continue carrying out demonstration 
     projects on Medicaid coverage of community-based attendant 
     care services for people with disabilities which ensures 
     maximum control by the consumer to select and manage their 
     attendant care services: Provided further, That funds 
     appropriated under this heading may be obligated to 
     increase Medicare provider audits and implement the 
     Department's corrective action plan to the Chief Financial 
     Officer's audit of the Health Care Financing 
     Administration's oversight of Medicare: Provided further, 
     That the Secretary of Health and Human Services is 
     directed to collect, in aggregate, $95,000,000 in fees in 
     fiscal year 1999 from Medicare+Choice organizations 
     pursuant to section 1857(e)(2) of the Social Security Act 
     and from eligible organizations with risk-sharing 
     contracts under section 1876 of that Act pursuant to 
     section 1876(k)(4)(D) of that Act.


      health maintenance organization loan and loan guarantee fund

       For carrying out subsections (d) and (e) of section 1308 of 
     the Public Health Service Act, any amounts received by the 
     Secretary in connection with loans and loan guarantees under 
     title XIII of the Public Health Service Act, to be available 
     without fiscal year limitation for the payment of outstanding 
     obligations. During fiscal year 1999, no commitments for 
     direct loans or loan guarantees shall be made.

                Administration for Children and Families


                   family support payments to states

       For making payments to States or other non-Federal entities 
     under titles I, IV-D, X, XI, XIV, and XVI of the Social 
     Security Act and the Act of July 5, 1960 (24 U.S.C. ch. 9), 
     to remain available until expended, $1,989,000,000; and for 
     such purposes for the first quarter of fiscal year 2000, 
     $750,000,000.
       For making payments to each State for carrying out the 
     program of Aid to Families with Dependent Children under 
     title IV-A of the Social Security Act before the effective 
     date of the program of Temporary Assistance to Needy Families 
     (TANF) with respect to such State, such sums as may be 
     necessary: Provided, That the sum of the amounts available to 
     a State with respect to expenditures under such title IV-A in 
     fiscal year 1997 under this appropriation and under such 
     title IV-A as amended by the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 shall not exceed the 
     limitations under section 116(b) of such Act.
       For making, after May 31 of the current fiscal year, 
     payments to States or other non-Federal entities under titles 
     I, IV-D, X, XI, XIV, and XVI of the Social Security Act and 
     the Act of July 5, 1960 (24 U.S.C. ch. 9), for the last three 
     months of the current year for unanticipated costs, incurred 
     for the current fiscal year, such sums as may be necessary.


                   low income home energy assistance

       For making payments under title XXVI of the Omnibus Budget 
     Reconciliation Act of 1981, $1,100,000,000, to be available 
     for obligation in the period October 1, 1999 through 
     September 30, 2000.
       For making payments under title XXVI of such Act, 
     $300,000,000: Provided, That these funds are hereby 
     designated by Congress to be emergency requirements pursuant 
     to section 251(b)(2)(A) of the Balanced Budget and Deficit 
     Emergency Control Act of 1985: Provided further, That these 
     funds shall be made available only after submission to 
     Congress of a formal budget request by the President that 
     includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced 
     Budget and Emergency Deficit Control Act.


                     refugee and entrant assistance

       For making payments for refugee and entrant assistance 
     activities authorized by title IV of the Immigration and 
     Nationality Act and section 501 of the Refugee Education 
     Assistance Act of 1980 (Public Law 96-422), $415,000,000: 
     Provided, That funds appropriated pursuant to section 414(a) 
     of the Immigration and Nationality Act under Public Law 104-
     208 for fiscal year 1997 shall be available for the costs of 
     assistance provided and other activities conducted in such 
     year and in fiscal years 1998 and 1999.


                 child care and development block grant

       For carrying out sections 658A through 658R of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), to become available on 
     October 1, 1999 and remain available through September 30, 
     2000, $1,182,672,000: Provided, That $19,120,000 shall be 
     available for child care resource and referral and school-
     aged child care activities: Provided further, That of the 
     funds provided for fiscal year 1999 under Public Law 105-78, 
     $50,000,000 shall be reserved by the States for activities 
     authorized under section 658G of the Omnibus Budget 
     Reconciliation Act of 1981 (the Child Care and Development 
     Block Grant Act of 1990), such funds to be in addition to the 
     amounts required to be reserved by States under such section 
     658G: Provided further, That of the funds provided for fiscal 
     year 2000 $222,672,000 shall be reserved by the States for 
     activities authorized under section 658G of the Omnibus 
     Budget Reconciliation Act of 1981 (The Child Care and 
     Development Block Grant Act of 1990), such funds to be in 
     addition to the amounts required to be reserved by the States 
     under such section 658G: Provided further, That of the funds 
     provided for fiscal year 2000, $10,000,000 shall be for use 
     by the Secretary for child care research, demonstration and 
     evaluation activities (directly or by grants or contracts).


                      social services block grant

       For making grants to States pursuant to section 2002 of the 
     Social Security Act, $1,909,000,000: Provided, That (1) 
     notwithstanding section 2003(c) of such Act, as amended, the 
     amount specified for allocation under such section for fiscal 
     year 1999 shall be $1,909,000,000 and (2) notwithstanding 
     subparagraph (B) of section 404(d)(2) of such Act, the 
     applicable percent specified under such subparagraph for a 
     State to carry out State programs pursuant to title XX of 
     such Act for fiscal years 1999 and 2000 shall be 10 percent.


                children and families services programs

                        (including rescissions)

       For carrying out, except as otherwise provided, the Runaway 
     and Homeless Youth Act, the Developmental Disabilities 
     Assistance and Bill of Rights Act, the Head Start Act, the 
     Child Abuse Prevention and Treatment Act (including section 
     105(a)(2) of the Child Abuse Prevention and Treatment Act), 
     the Native American Programs Act of 1974, title II of Public 
     Law 95-266 (adoption opportunities), the Adoption and Safe 
     Families Act of 1997 (Public Law 105-89), the Abandoned 
     Infants Assistance Act of 1988, part B(1) of title IV and 
     sections 413, 429A, 1110, and 1115 of the Social Security 
     Act; for making payments under the Community Services Block 
     Grant Act; and for necessary administrative expenses to carry 
     out said Acts and titles I, IV, X, XI, XIV, XVI, and XX of 
     the Social Security Act, the Act of July 5, 1960 (24 U.S.C. 
     ch. 9), the Omnibus Budget Reconciliation Act of 1981, title 
     IV of the Immigration and Nationality Act, section 501 of the 
     Refugee Education Assistance Act of 1980, sections 40155, 
     40211 and 40241 of Public Law 103-322 and section 126 and 
     titles IV and V of Public Law 100-485, $6,032,087,000, of 
     which $10,000,000 shall be used to establish Individual 
     Development Accounts, for the purpose of encouraging low-
     income families and individuals to acquire productive assets, 
     contingent upon enactment of authorizing legislation, and of 
     which $20,000,000, to remain available until September 30, 
     2000, shall be for grants to States for adoption incentive 
     payments, as authorized by section 473A of title IV of the 
     Social Security Act (42 U.S.C. 670-679); of which 
     $563,565,000 shall be for making payments under the Community 
     Services Block Grant Act; and of which $4,660,000,000 shall 
     be for making payments under the Head Start Act: Provided, 
     That, notwithstanding section 640(a)(6), of the funds made 
     available for the Head Start Act, $337,500,000 shall be set 
     aside for the Head Start Program for Families with Infants 
     and Toddlers (Early Head Start): Provided further, That to 
     the extent Community Services Block Grant funds are 
     distributed as grant funds by a State to an eligible entity 
     as provided under the Act, and have not been expended by such 
     entity, they shall remain with such entity for carryover into 
     the next fiscal year for expenditure by such entity 
     consistent with program purposes.
       In addition, $105,000,000, to be derived from the Violent 
     Crime Reduction Trust Fund for carrying out sections 40155, 
     40211 and 40241 of Public Law 103-322.
       Funds appropriated for fiscal year 1999 under section 
     429A(e), part B of title IV of the Social Security Act shall 
     be reduced by $6,000,000.
       Funds appropriated for fiscal year 1999 under section 
     413(h)(1) of the Social Security Act shall be reduced by 
     $15,000,000.


                    family preservation and support

       For carrying out section 430 of the Social Security Act, 
     $275,000,000.


       payments to states for foster care and adoption assistance

       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, $3,764,000,000.
       For making payments to States or other non-Federal entities 
     under title IV-E of the Social Security Act, for the first 
     quarter of fiscal year 2000, $1,355,000,000.

                        Administration on Aging


                        aging services programs

       For carrying out, to the extent not otherwise provided, the 
     Older Americans Act of 1965, as amended, and sections 339A, 
     398, and 399 of the Public Health Service Act, $882,020,000: 
     Provided, That notwithstanding section 308(b)(1) of the Older 
     Americans Act of 1965, as amended, the amounts available to 
     each State for administration of the State plan under title 
     III of such Act shall be reduced not more than 5 percent 
     below the amount that was available to such

[[Page H11140]]

     State for such purpose for fiscal year 1995: Provided 
     further, That in considering grant applications for nutrition 
     services for elder Indian recipients, the Assistant Secretary 
     shall provide maximum flexibility to applicants who seek to 
     take into account subsistence, local customs, and other 
     characteristics that are appropriate to the unique cultural, 
     regional, and geographic needs of the American Indian, Alaska 
     and Hawaiian Native communities to be served.

                        Office of the Secretary


                    general departmental management

       For necessary expenses, not otherwise provided, for general 
     departmental management, including hire of six sedans, and 
     for carrying out titles III, XVII, and XX of the Public 
     Health Service Act, and the United States-Mexico Border 
     Health Commission Act, $180,051,000, together with 
     $5,851,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the 
     Hospital Insurance Trust Fund and the Supplemental Medical 
     Insurance Trust Fund: Provided, That of the funds made 
     available under this heading for carrying out title XVII of 
     the Public Health Service Act, $1,000,000 shall be available 
     until expended for extramural construction: Provided further, 
     That $890,000 shall be for a contract with the National 
     Academy of Sciences to conduct a study of all the available 
     scientific literature examining the cause-and-effect 
     relationship between repetitive tasks in the workplace and 
     musculoskeletal disorders: Provided further, That said 
     contract shall be awarded not later than January 1, 1999.


                      office of inspector general

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $29,000,000.


                        office for civil rights

       For expenses necessary for the Office for Civil Rights, 
     $17,345,000, together with not to exceed $3,314,000, to be 
     transferred and expended as authorized by section 201(g)(1) 
     of the Social Security Act from the Hospital Insurance Trust 
     Fund and the Supplemental Medical Insurance Trust Fund.


                            policy research

       For carrying out, to the extent not otherwise provided, 
     research studies under section 1110 of the Social Security 
     Act, $14,000,000.


            PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

       For expenses necessary to support activities related to 
     countering potential biological, disease and chemical threats 
     to civilian populations, $216,922,000: Provided, That the 
     entire amount is hereby designated by Congress to be 
     emergency requirements pursuant to section 251(b)(2)(A) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended: Provided further, That the entire amount 
     shall be available only to the extent that an official budget 
     request for $216,922,000, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That of the amount provided 
     under this heading, $51,000,000, to remain available until 
     expended, shall be for pharmaceutical and vaccine 
     stockpiling activities at the Centers for Disease Control 
     and Prevention; and $3,000,000 shall be for the renovation 
     and modernization of the Noble Army Hospital facility at 
     Fort McClellan, Alabama; and $322,000 shall be in payment 
     to the health department of Calhoun County, Michigan: 
     Provided further, That no funds shall be obligated until 
     the Department of Health and Human Services submits an 
     operating plan to the House and Senate Committees on 
     Appropriations.

                           GENERAL PROVISIONS

       Sec. 201. Funds appropriated in this title shall be 
     available for not to exceed $37,000 for official reception 
     and representation expenses when specifically approved by the 
     Secretary.
       Sec. 202. The Secretary shall make available through 
     assignment not more than 60 employees of the Public Health 
     Service to assist in child survival activities and to work in 
     AIDS programs through and with funds provided by the Agency 
     for International Development, the United Nations 
     International Children's Emergency Fund or the World Health 
     Organization.
       Sec. 203. None of the funds appropriated under this Act may 
     be used to implement section 399L(b) of the Public Health 
     Service Act or section 1503 of the National Institutes of 
     Health Revitalization Act of 1993, Public Law 103-43.
       Sec. 204. None of the funds appropriated in this Act for 
     the National Institutes of Health and the Substance Abuse and 
     Mental Health Services Administration shall be used to pay 
     the salary of an individual, through a grant or other 
     extramural mechanism, at a rate in excess of Executive Level 
     III.
       Sec. 205. None of the funds appropriated in this Act may be 
     expended pursuant to section 241 of the Public Health Service 
     Act, except for funds specifically provided for in this Act, 
     or for other taps and assessments made by any office located 
     in the Department of Health and Human Services, prior to the 
     Secretary's preparation and submission of a report to the 
     Committee on Appropriations of the Senate and of the House 
     detailing the planned uses of such funds.
       Sec. 206. None of the funds appropriated in this Act or 
     subsequent Departments of Labor, Health and Human Services, 
     and Education, and Related Agencies Appropriations Acts, may 
     be obligated or expended for the Federal Council on Aging 
     under the Older Americans Act or the Advisory Board on Child 
     Abuse and Neglect under the Child Abuse Prevention and 
     Treatment Act.


                          (transfer of funds)

       Sec. 207. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act, as amended) which are appropriated for the 
     current fiscal year for the Department of Health and Human 
     Services in this Act may be transferred between 
     appropriations, but no such appropriation shall be increased 
     by more than 3 percent by any such transfer: Provided, That 
     the Appropriations Committees of both Houses of Congress are 
     notified at least fifteen days in advance of any transfer.
       Sec. 208. The Director of the National Institutes of 
     Health, jointly with the Director of the Office of AIDS 
     Research, may transfer up to 3 percent among institutes, 
     centers, and divisions from the total amounts identified by 
     these two Directors as funding for research pertaining to the 
     human immunodeficiency virus: Provided, That the Congress is 
     promptly notified of the transfer.
       Sec. 209. Of the amounts made available in this Act for the 
     National Institutes of Health, the amount for research 
     related to the human immunodeficiency virus, as jointly 
     determined by the Director of NIH and the Director of the 
     Office of AIDS Research, shall be made available to the 
     ``Office of AIDS Research'' account. The Director of the 
     Office of AIDS Research shall transfer from such account 
     amounts necessary to carry out section 2353(d)(3) of the 
     Public Health Service Act.
       Sec. 210. Funds appropriated in this Act or subsequent 
     Departments of Labor, Health and Human Services, and 
     Education, and Related Agencies Appropriations Acts, for the 
     National Institutes of Health may be used to provide transit 
     subsidies in amounts consistent with the transportation 
     subsidy programs authorized under section 629 of Public Law 
     101-509 to non-FTE bearing positions including trainees, 
     visiting fellows and volunteers.
       Sec. 211. None of the funds appropriated in this Act may be 
     made available to any entity under title X of the Public 
     Health Service Act unless the applicant for the award 
     certifies to the Secretary that it encourages family 
     participation in the decision of minors to seek family 
     planning services and that it provides counseling to minors 
     on how to resist attempts to coerce minors into engaging in 
     sexual activities.
       Sec. 212. Subsection (b)(1)(H) of section 401 of the Public 
     Health Service Act (42 U.S.C. 281 (b)(1)(H)) is amended by 
     striking ``National Institute of Dental Research'' and 
     inserting ``National Institute of Dental and Craniofacial 
     Research''.
       Sec. 213. (a) The final rule entitled ``Organ Procurement 
     and Transplantation Network'', promulgated by the Secretary 
     of Health and Human Services on April 2, 1998 (63 FR 16295 et 
     seq.) (relating to part 121 of title 42, Code of Federal 
     Regulations), shall not become effective before the 
     expiration of the 1-year period beginning on the date of the 
     enactment of this Act.
       (b)(1) The Institute of Medicine under contract with and 
     subject to review by the Comptroller General, in consultation 
     with the Secretary and with the Organ Procurement and 
     Transplantation Network (in this section referred to as the 
     ``OPTN''), shall conduct a review of the current polices of 
     the OPTN and the final rule specified in subsection (a) in 
     order to determine the following:
       (A) The potential impact on access to transplantation 
     services for low-income populations and for racial and ethnic 
     minority groups. With respect to State policies in carrying 
     out the program under title XIX of the Social Security Act, 
     the determination made under this subparagraph shall include 
     determining the impact of such policies regarding payment for 
     services for patients that are provided to the patients 
     outside of the States in which the patients reside.
       (B) With respect to organ procurement organizations 
     (qualified under section 371 of the Public Health Service 
     Act):
       (i) The potential impact on the ability of the 
     organizations to facilitate an appropriate rate of organ 
     donation within the service areas of the organizations.
       (ii) The reasons underlying the variations in performance 
     among such organizations.
       (iii) The potential impact of requiring sharing of organs 
     based on medical criteria instead of geography on the ability 
     of the organizations to facilitate an appropriate rate of 
     organ donation within the service areas of the organizations.
       (C) The potential impact on waiting times for organ 
     transplants, including determinations specific to the various 
     geographic regions of the United States, and if practicable, 
     waiting times for each transplant center by organ and medical 
     status category. The determination made under this 
     subparagraph shall include determining the impact of recent 
     changes made by the OPTN in patient listing criteria and in 
     measures of medical status.
       (D) The potential impact on patient survival rates and 
     organ failure rates which lead to retransplantation, 
     including any variance by income status, ethnicity, gender, 
     race, or blood type.
       (E) The potential impact on the costs of organ 
     transplantation services.
       (F) The potential impact on the liability, under State laws 
     and procedures regarding peer review, of members of the OPTN.
       (G) The potential impact on the confidential status of 
     information that relates to the transplantation of organs.
       (H) Recommendations, if any, to change existing policies 
     and the final rule.
       (2)(A) Not later than May 1, 1999, the Comptroller General 
     of the United States shall submit to the congressional 
     committees specified in subparagraph (B) a report describing 
     the results of the review conducted under paragraph (1).
       (B) The congressional committees referred to in 
     subparagraph (A) are the Committee on Commerce of the House 
     of Representatives, the Committee on Appropriations of the 
     House, the Committee on Labor and Human Resources of the

[[Page H11141]]

     Senate, and the Committee on Appropriations of the Senate.
       (c)(1) Beginning promptly after the date of the enactment 
     of this Act, the Secretary may conduct a series of 
     discussions with the OPTN in order to resolve issues raised 
     by the final rule referred to in subsection (a).
       (2) The Secretary and the OPTN may utilize the services of 
     a mediator in conducting the discussions under paragraph (1). 
     An individual may not be selected to serve as the mediator 
     unless the Secretary and the OPTN both approve the selection 
     of the individual to so serve, and the individual agrees 
     that, not later than June 30, 1999, the individual will 
     submit to the congressional committees specified in 
     subsection (b)(2)(B) a report describing the extent of 
     progress that has been made through the discussions under 
     paragraph (1).
       (d)(1) Beginning on the date of enactment of this Act, the 
     OPTN shall provide to the Secretary, the Institutes of 
     Medicine, and the Comptroller General, upon request, any data 
     necessary to assess the effectiveness of the Nation's organ 
     donation, procurement and organ allocation systems, or to 
     assess the quality of care provided to all transplant 
     patients, and analysis of such data in a scientifically and 
     clinically valid manner. If necessary, the OPTN may provide 
     additional data as they deem appropriate.
       (2) The OPTN shall make available to the public timely and 
     accurate program-specific information on the performance of 
     transplant programs. These data shall be updated as 
     frequently as possible, and the OPTN shall work to shorten 
     the time period for data collection and analysis in producing 
     its center-specific outcomes report, including severity 
     adjusted long term survival rates. Such data shall also 
     include such other cost or performance information including 
     but not limited to transplant program-specific information on 
     waiting time within medical status, organ waitings, and 
     refusal of organ offers.
       (e) Data provided under subsection (d) shall be specific 
     (if possible) to individual transplant centers and must be 
     determined in a scientifically and clinically valid manner.
       (f) Any disclosure of patient specific medical information 
     under subsection (d) shall be subject to the restrictions 
     contained in the Freedom of Information Act, the Privacy Act, 
     and State laws.
       (g) Of the amount appropriated in this title for ``Office 
     of the Secretary-general departmental management'', $500,000 
     shall, not later than 30 days after the date of the enactment 
     of this Act, be transferred to the Comptroller General for 
     purposes of carrying out the studies required and specified 
     in this section.
       (h) For purposes of this section:
       (1) The term ``Comptroller General'' means the Comptroller 
     General of the United States.
       (2) The term ``Organ Procurement and Transplantation 
     Network'' means the network operated under section 372 of the 
     Public Health Service Act.
       (3) The term ``Secretary'' means the Secretary of Health 
     and Human Services.
       Sec. 214. (a) Section 2003(c) of the Social Security Act 
     (42 U.S.C. 1397b(c)) is amended by striking paragraph (8) and 
     inserting the following:
       ``(8) $2,299,000,000 for the fiscal year 1998;''.
       (b) The amendment made by this section takes effect 
     immediately after the amendments made by section 8401 of the 
     Transportation Equity Act for the 21st Century take effect.
       Sec. 215. The Consolidated Laboratory Building (Building 
     50) at the National Institutes of Health is hereby named the 
     Louis Stokes Laboratories.
       Sec. 216. None of the funds appropriated by this Act 
     (including funds appropriated to any trust fund) may be used 
     to carry out the Medicare+Choice program if the Secretary 
     denies participation in such program to an otherwise eligible 
     entity (including a Provider Sponsored Organization) because 
     the entity informs the Secretary that it will not provide, 
     pay for, provide coverage of, or provide referrals for 
     abortions: Provided, That the Secretary shall make 
     appropriate prospective adjustments to the capitation payment 
     to such an entity (based on an actuarially sound estimate of 
     the expected costs of providing the service to such entity's 
     enrollees): Provided further, That nothing in this section 
     shall be construed to change the Medicare program's coverage 
     for such services and a Medicare+Choice organization 
     described in this section shall be responsible for informing 
     enrollees where to obtain information about all Medicare 
     covered services.
       Sec. 217. The Vaccine Research Facility (Building 40) at 
     the National Institutes of Health is hereby named the Dale 
     and Betty Bumpers Vaccine Research Facility.
       Sec. 218. (a) Mental Health.--Section 1918(b) of the Public 
     Health Service Act (42 U.S.C. 300x-7(b)) is amended to read 
     as follows:
       ``(b) Minimum Allotments for States.--
       ``(1) In general.--With respect to fiscal year 1999, the 
     amount of the allotment of a State under section 1911 shall 
     not be less than the amount the State received under section 
     1911 for fiscal year 1998.
       (b) Substance Abuse.--Section 1933(b) of the Public Health 
     Service Act (42 U.S.C. 300x-33(b)) is amended to read as 
     follows:
       ``(b) Minimum Allotments for States.--
       ``(1) In general.--With respect to fiscal year 1999, the 
     amount of the allotment of a State under section 1921 shall 
     not be less than the amount the State received under section 
     1921 for fiscal year 1998 increased by 30.65 percent of the 
     percentage by which the amount allotted to the States for 
     fiscal year 1999 exceeds the amount allotted to the States 
     for fiscal year 1998.
       ``(2) Limitation.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a State shall not receive an allotment under section 1921 for 
     fiscal year 1999 in an amount that is less than an amount 
     equal to 0.375 percent of the amount appropriated under 
     section 1935(a) for such fiscal year.
       ``(B) Exception.--In applying subparagraph (A), the 
     Secretary shall ensure that no State receives an increase in 
     its allotment under section 1921 for fiscal year 1999 (as 
     compared to the amount allotted to the State in the fiscal 
     year 1998) that is in excess of an amount equal to 300 
     percent of the percentage by which the amount appropriated 
     under section 1935(a) for fiscal year 1999 exceeds the amount 
     appropriated for the prior fiscal year.
       ``(3) Only for the purposes of calculating minimum 
     allotments under this subsection, any reference to the amount 
     appropriated under section 1935(a) for fiscal year 1998, 
     allotments to States under section 21 and any references to 
     amounts received by States in fiscal year 1998 shall include 
     amounts appropriated or received under the amendments made by 
     section 105 of the Contract with America Advancement Act of 
     1996 (Public Law 104-121).''.
       (c) Effective Date.--
       (1) In general.--The amendments made by subsections (a) and 
     (b) shall become effective as if enacted on October 1, 1998 
     and shall only apply during fiscal year 1999.
       (2) Application.--Upon the expiration of the fiscal year 
     described in paragraph (1), the provisions of sections 
     1918(b) and 1933(b) of the Public Health Service Act (42 
     U.S.C. 300x-7(b) and 300x-33(b)), as in effect on September 
     30, 1998, shall be applied as if the amendments made by this 
     section had not been enacted.
       Sec. 219. Notwithstanding any other provision of law, no 
     provider of services under title X of the Public Health 
     Service Act shall be exempt from any State law requiring 
     notification or the reporting of child abuse, child 
     molestation, sexual abuse, rape, or incest.
       This title may be cited as the ``Department of Health and 
     Human Services Appropriations Act, 1999''.

                   TITLE III--DEPARTMENT OF EDUCATION


                            education reform

       For carrying out activities authorized by titles III and IV 
     of the Goals 2000: Educate America Act, the School-to-Work 
     Opportunities Act, and sections 3122, 3132, 3136, and 3141 
     and parts B, C, and D of title III of the Elementary and 
     Secondary Education Act of 1965, $1,314,000,000, of which 
     $491,000,000 for the Goals 2000: Educate America Act and 
     $125,000,000 for the School-to-Work Opportunities Act shall 
     become available on July 1, 1999 and remain available through 
     September 30, 2000, and of which $87,000,000 shall be for 
     section 3122: Provided, That none of the funds appropriated 
     under this heading shall be obligated or expended to carry 
     out section 304(a)(2)(A) of the Goals 2000: Educate America 
     Act, except that no more than $1,500,000 may be used to carry 
     out activities under section 314(a)(2) of that Act: Provided 
     further, That section 315(a)(2) of the Goals 2000 Act shall 
     not apply: Provided further, That up to one-half of 1 percent 
     of the amount available under section 3132 shall be set aside 
     for the outlying areas, to be distributed on the basis of 
     their relative need as determined by the Secretary in 
     accordance with the purposes of the program: Provided 
     further, That if any State educational agency does not apply 
     for a grant under section 3132, that State's allotment under 
     section 3131 shall be reserved by the Secretary for grants to 
     local educational agencies in that State that apply directly 
     to the Secretary according to the terms and conditions 
     published by the Secretary in the Federal Register: Provided 
     further, That $22,000,000 of the funds made available under 
     section 3136 shall be for a competition consistent with the 
     subjects outlined in the House and Senate reports and the 
     statement of the managers, and that such competition should 
     be administered in a manner consistent with the authorizing 
     legislation and current departmental practices and policies: 
     Provided further, That $9,850,000 of the funds made available 
     for star schools shall be for a competition consistent with 
     the language outlined in the House and Senate reports and the 
     statement of the managers, and that such competition should 
     be administered in a manner consistent with current 
     departmental practices and policies: Provided further, That 
     $8,000,000 shall be awarded to continue and expand the Iowa 
     Communications Network statewide fiber optic demonstration 
     project, and $800,000 shall be awarded to the School of 
     Agriculture and Land Resources Management at the University 
     of Alaska, Fairbanks to enhance distance delivery of natural 
     resources management courses; $350,000 shall be for multi-
     media classrooms for the rural education technology center at 
     the Western Montana College in Dillon, Montana: Provided 
     further, That of the funds made available for section 3136, 
     $2,500,000 shall be to establish the RUNet 2000 project at 
     Rutgers, The State University of New Jersey; $500,000 shall 
     be for state-of-the-art information technology systems at 
     Mansfield University, Mansfield, Pennsylvania; $1,000,000 
     shall be for professional development for technology 
     training at the Krell Institute, Ames, Iowa; $850,000 
     shall be for Internet-based curriculum at the State of 
     Alaska, Department of Education; $2,000,000 shall be for 
     ``Magnet E-School'' technology training and curriculum 
     initiative at the Hawaii Department of Education; $600,000 
     shall be for technology in the classroom pilot program for 
     the Green Bay Public School System, Green Bay, Wisconsin; 
     $250,000 shall be for the ``Passport to Chicago Community 
     Network'' technology training project; $1,200,000 for 
     LEARN North Carolina and the University of North Carolina 
     at Chapel Hill; and $1,500,000 for the Iowa Department of 
     Education for community college grants to low-income 
     schools for technology.


                    education for the disadvantaged

       For carrying out title I of the Elementary and Secondary 
     Education Act of 1965, and section

[[Page H11142]]

     418A of the Higher Education Act, $8,370,520,000, of which 
     $2,198,134,000 shall become available on July 1, 1999, and 
     shall remain available through September 30, 2000, and of 
     which $6,148,386,000 shall become available on October 1, 
     1999 and shall remain available through September 30, 2000, 
     for academic year 1999-2000: Provided, That $6,574,000,000 
     shall be available for basic grants under section 1124: 
     Provided further, That up to $3,500,000 of these funds shall 
     be available to the Secretary on October 1, 1998, to obtain 
     updated local-educational-agency-level census poverty data 
     from the Bureau of the Census: Provided further, That 
     $1,102,020,000 shall be available for concentration grants 
     under section 1124A, $$7,500,000 shall be available for 
     evaluations under section 1501 and not more than $8,500,000 
     shall be reserved for section 1308, of which not more than 
     $3,000,000 shall be reserved for section 1308(d): Provided 
     further, That grant awards under section 1124 and 1124A of 
     title I of the Elementary and Secondary Education Act shall 
     be made to each State or local educational agency at no less 
     than 100 percent of the amount such State or local 
     educational agency received under this authority for fiscal 
     year 1998: Provided further, That $120,000,000 shall be 
     available under section 1002(g)(2) to demonstrate effective 
     approaches to comprehensive school reform to be allocated and 
     expended in accordance with the instructions relating to this 
     activity in the statement of the managers on the conference 
     report accompanying Public Law 105-78 and in the statement of 
     the managers on the conference report accompanying this Act: 
     Provided further, That in carrying out this initiative, the 
     Secretary and the States shall support only approaches that 
     show the most promise of enabling children served by title I 
     to meet challenging State content standards and challenging 
     State student performance standards based on reliable 
     research and effective practices, and include an emphasis on 
     basic academics and parental involvement: Provided further, 
     That no funds appropriated under section 1002(g)(2) shall be 
     available for section 1503.


                               impact aid

       For carrying out programs of financial assistance to 
     federally affected schools authorized by title VIII of the 
     Elementary and Secondary Education Act of 1965, $864,000,000, 
     of which $704,000,000 shall be for basic support payments 
     under section 8003(b), $50,000,000 shall be for payments for 
     children with disabilities under section 8003(d), 
     $70,000,000, to remain available until expended, shall be for 
     payments under section 8003(f), $7,000,000 shall be for 
     construction under section 8007, and $28,000,000 shall be for 
     Federal property payments under section 8002 and $5,000,000 
     to remain available until expended shall be for facilities 
     maintenance under section 8008: Provided, That Section 
     8002(f) of the Elementary and Secondary Education Act of 1965 
     is amended--
       (1) by inserting ``(1)'' after the subsection heading; and
       (2) by adding a new paragraph (2) at the end to read as 
     follows:
       ``(2) For each fiscal year beginning with fiscal year 1999, 
     the Secretary shall treat the Webster School District, Day 
     County, South Dakota as meeting the eligibility requirements 
     of subsection (a)(1)(C) of this section.'':
     Provided further, That Section 8002 of the Elementary and 
     Secondary Education Act of 1965 is amended by adding at the 
     end thereof a new subsection (k) to read as follows:
       ``(k) Special Rule.--For purposes of payments under this 
     section for each fiscal year beginning with fiscal year 
     1998--
       ``(1) the Secretary shall, for the Stanley County, South 
     Dakota local educational agency, calculate payments as if 
     subsection (e) had been in effect for fiscal year 1994; and
       ``(2) the Secretary shall treat the Delaware Valley, 
     Pennsylvania local educational agency as if it had filed a 
     timely application under section 2 of Public Law 81-874 for 
     fiscal year 1994.'':
     Provided further,  That (a) from the funds appropriated for 
     payments to local educational agencies under section 8003(f) 
     of the Elementary and Secondary Education Act of 1965 (ESEA) 
     for fiscal year 1999, the Secretary of Education shall 
     distribute supplemental payments for certain local 
     educational agencies, as follows:
       (1) First, from the amount of $68,000,000, the Secretary 
     shall make supplemental payments to the following agencies 
     under section 8003(b) of the ESEA:
       (A) Local educational agencies that received assistance 
     under section 8003(f) for fiscal year 1998.
       (B) Local educational agencies with Impact Aid applicant 
     numbers 20-0019, 51-0504, 51-2801, 51-1903, 51-0010, 51-4203, 
     51-2101, 51-0811, and 51-0904.
       (C) Any eligible local educational agency with at least 
     25,000 children in average daily attendance, at least 55 
     percent federally connected children described in section 
     8003(a)(1) in average daily attendance, and at least 6,500 
     children described in sections 8003(a)(1)(A) and (B) in 
     average daily attendance.
       (2) From the remaining $2,000,000 and any amounts available 
     after making payments under paragraph (1), the Secretary 
     shall then make supplemental payments to local educational 
     agencies that are not described in paragraph (1) of this 
     subsection, but that meet the requirements of paragraphs (2) 
     and (4) of section 8003(f) of the ESEA for fiscal year 1999, 
     except that such agencies may count for purposes of 
     eligibility for these supplemental payments, all students 
     described in section 8003(a)(1).
       (3) After making payments under section 8003(f) to all 
     eligible applicants for fiscal years before fiscal year 1999, 
     the Secretary shall use the combined amount of any funds 
     remaining available under that subsection, and any amounts 
     that may remain for fiscal year 1999 after making payments 
     under paragraphs (1) and (2) of this subsection, to make the 
     following payments:
       (A) First, an amount not to exceed $3,000,000 to Impact Aid 
     applicant number 20-0019.
       (B) Second, from any remaining funds, an amount not to 
     exceed $3,000,000 to Impact Aid applicant number 53-0061.
       (C) Third, from any remaining funds, increased basic 
     support payments under section 8003(b) for all eligible 
     applicants.
       (b) In calculating the amounts of supplemental payments for 
     agencies described in subparagraphs (1)(A) and (B) and 
     paragraph (2) of subsection (a), the Secretary shall use the 
     formula contained in section 8003(b)(1)(C) of the ESEA, 
     except that--
       (1) eligible local educational agencies may count all 
     children described in section 8003(a)(1) in computing the 
     amount of those payments;
       (2) maximum payments for any of those agencies that use 
     local contribution rates identified in section 
     8003(b)(1)(C)(i) or (ii) shall be computed by using four-
     fifths instead of one-half of those rates;
       (3) the learning opportunity threshold percentage of all 
     such agencies under section 8003(b)(2)(B) shall be deemed to 
     be 100;
       (4) for an eligible local educational agency with 35 
     percent or more of its children in average daily attendance 
     described in either subparagraph (D) or (E) of section 
     8003(a)(1), the weighted student unit figure from its regular 
     basic support payment shall be recomputed by using a factor 
     of 0.55 for such children;
       (5) for an eligible local educational agency with fewer 
     than 100 children in average daily attendance, the weighted 
     student unit figure from its regular basic support payment 
     shall be recomputed by multiplying the total number of 
     children described in section 8003(a)(1) by a factor of 1.5; 
     and
       (6) for an eligible local educational agency whose total 
     number of children in average daily attendance is at least 
     100, but fewer than 750, the weighted student unit figure 
     from its regular basic support payment shall be recomputed by 
     multiplying the total number of children described in section 
     8003(a)(1) by a factor of 1.25.
       (c) For a local educational agency described in subsection 
     (a)(1)(C) above, the Secretary shall use the formula 
     contained in section 8003(b)(1)(C) of the ESEA, except that 
     the weighted student unit total from its regular basic 
     support payment shall be increased by 35 percent and its 
     learning opportunity threshold percentage shall be deemed to 
     be 100.
       (d) For each eligible local educational agency, the 
     calculated supplemental basic support payment shall be 
     reduced by subtracting the agency's regular fiscal year 1999 
     section 8003(b) basic support payment.
       (e) The actual supplemental basic support payment that 
     local educational agencies receive shall be treated under 
     section 8009 in the same manner as payments under section 
     8003(f).
       (f) If the sums described in subsections (a)(1) and (2) 
     above are insufficient to pay in full the calculated 
     supplemental basic support payments for the local educational 
     agencies identified in those subsections, the Secretary shall 
     ratably reduce the supplemental basic support payment to each 
     local educational agency: Provided further, That the 
     Secretary of Education shall treat as timely filed, and shall 
     process for payment, an application for a fiscal year 1998 
     payment from the local educational agency for Prince Georges 
     County, Maryland, under section 8003 of the Elementary and 
     Secondary Education Act of 1965 if the Secretary has received 
     that application not later than 30 days after the enactment 
     of this Act: Provided further, That from the amount 
     appropriated for section 8008 the Secretary shall award 
     $500,000 to the Randolph Field Independent School District, 
     Texas: Provided further, That for the purposes of computing 
     the amount of payment for a local educational agency for 
     children identified under section 8003, children residing in 
     housing initially acquired or constructed under section 801 
     of the Military Construction Authorization Act of 1984, 
     (Public Law 98-115) (``Build to Lease'' program) shall be 
     considered as children described under section 
     8003(a)(1)(B) if the property described is within the 
     fenced security perimeter of the military facility upon 
     which such housing is situated: Provided further, That if 
     such property is not owned by the Federal Government, is 
     subject to taxation by a State or political subdivision of 
     a State, and thereby generates revenues for a local 
     educational agency which received a payment from the 
     Secretary under section 8003, the Secretary shall:
       (A) require such local educational agency to provide 
     certification from an appropriate official of the Department 
     of Defense that such property is being used to provide 
     military housing; and
       (B) reduce the amount of such payment by an amount equal to 
     the amount of revenue from such taxation received in the 
     second preceding fiscal year by such local educational 
     agency, unless the amount of such revenue was taken into 
     account by the State for such second preceding fiscal year 
     and already resulted in a reduction in the amount of State 
     aid paid to such local educational agency: Provided further, 
     That of the funds available for payments under section 8002, 
     the Secretary shall pay the San Diego, California, 
     Centennial, Pennsylvania, and Hatboro-Horsham, Pennsylvania, 
     local educational agencies the sum of $500,000 each, in 
     addition to their regularly calculated payments, except that 
     the total funds these agencies receive under this section may 
     not exceed 50 percent of their maximum section 8002 payments.


                      school improvement programs

       For carrying out school improvement activities authorized 
     by titles II, IV, V-A and B, VI, IX, X, XII and XIII of the 
     Elementary and Secondary Education Act of 1965; the Stewart 
     B.

[[Page H11143]]

     McKinney Homeless Assistance Act; and the Civil Rights Act of 
     1964 and part B of VIII of the Higher Education Act; 
     $2,811,134,000, of which $2,381,300,000 shall become 
     available on July 1, 1999, and remain available through 
     September 30, 2000: Provided, That of the amount 
     appropriated, $335,000,000 shall be for Eisenhower 
     professional development State grants under title II-B of the 
     Elementary and Secondary Education Act of 1965, and 
     $1,575,000,000 shall be for title VI, of which $1,200,000,000 
     shall be available, notwithstanding any other provision of 
     law, to carry out title VI of the Elementary and Secondary 
     Education Act of 1965 in accordance with section 307 of this 
     Act, in order to reduce class size, particularly in the early 
     grades, using highly qualified teachers to improve 
     educational achievement for regular and special needs 
     children.


                           reading excellence

       For necessary expenses to carry out the Reading Excellence 
     Act, $260,000,000, which shall become available on July 1, 
     1999, and shall remain available through September 30, 2000.


                            indian education

       For expenses necessary to carry out, to the extent not 
     otherwise provided, title IX, part A of the Elementary and 
     Secondary Education Act of 1965, as amended, $66,000,000.


                   bilingual and immigrant education

       For carrying out, to the extent not otherwise provided, 
     bilingual, foreign language and immigrant education 
     activities authorized by parts A and C and section 7203 of 
     title VII of the Elementary and Secondary Education Act of 
     1965, without regard to section 7103(b), $380,000,000: 
     Provided, That State educational agencies may use all, or any 
     part of, their part C allocation for competitive grants to 
     local educational agencies.


                           special education

       For carrying out the Individuals with Disabilities 
     Education Act, $5,124,146,000, of which $4,879,885,000 shall 
     become available for obligation on July 1, 1999, and shall 
     remain available through September 30, 2000: Provided, That 
     $1,500,000 shall be awarded to The Organizing Committee for 
     The 1999 Special Olympics World Summer Games and $1,500,000, 
     to remain available until expended, shall be for preparation 
     and planning and shall be awarded to The Organizing Committee 
     of The 2001 Special Olympics World Winter Games: Provided 
     further, That $600,000 shall be for the Early Childhood 
     Development Project of the National Easter Seal Society for 
     the Mississippi Delta Region, which funds shall be used to 
     provide training, technical support, services, and equipment 
     to address personnel and other needs.


            rehabilitation services and disability research

       For carrying out, to the extent not otherwise provided, the 
     Rehabilitation Act of 1973, the Technology-Related Assistance 
     for Individuals with Disabilities Act, or successor 
     legislation and the Helen Keller National Center Act, as 
     amended, $2,652,584,000.

           Special Institutions for Persons With Disabilities


                 american printing house for the blind

       For carrying out the Act of March 3, 1879, as amended (20 
     U.S.C. 101 et seq.), $8,661,000.


               national technical institute for the deaf

       For the National Technical Institute for the Deaf under 
     titles I and II of the Education of the Deaf Act of 1986 (20 
     U.S.C. 4301 et seq.), $45,500,000: Provided, That from the 
     amount available, the Institute may at its discretion use 
     funds for the endowment program as authorized under section 
     207.


                          gallaudet university

       For the Kendall Demonstration Elementary School, the Model 
     Secondary School for the Deaf, and the partial support of 
     Gallaudet University under titles I and II of the Education 
     of the Deaf Act of 1986 (20 U.S.C. 4301 et seq.), 
     $83,480,000: Provided, That from the amount available, the 
     University may at its discretion use funds for the endowment 
     program as authorized under section 207.


                     vocational and adult education

       For carrying out, to the extent not otherwise provided, the 
     Carl D. Perkins Vocational and Applied Technology Education 
     Act and the Adult Education and Family Literacy Act, 
     $1,539,247,000, of which $1,535,147,000 shall become 
     available on July 1, 1999 and shall remain available through 
     September 30, 2000: Provided, That of the amounts made 
     available for title II of the Carl D. Perkins Vocational and 
     Applied Technology Education Act, $13,497,000 shall be used 
     by the Secretary for national programs under title IV, 
     without regard to section 451: Provided further, That, of the 
     amounts made available for the Adult Education and Family 
     Literacy Act, $6,000,000 shall be for national leadership 
     activities under section 243 and $6,000,000 shall be for the 
     National Institute for Literacy under section 242: Provided 
     further, That no funds shall be awarded to a State Council 
     under section 112(f) of the Carl D. Perkins Vocational and 
     Applied Technology Education Act, and no State shall be 
     required to operate such a Council.


                      student financial assistance

       For carrying out subparts 1, 3 and 4 of part A, part C and 
     part E of title IV of the Higher Education Act of 1965, as 
     amended, $9,348,000,000, which shall remain available through 
     September 30, 2000.
       The maximum Pell Grant for which a student shall be 
     eligible during award year 1999-2000 shall be $3,125: 
     Provided, That notwithstanding section 401(g) of the Act, if 
     the Secretary determines, prior to publication of the payment 
     schedule for such award year, that the amount included within 
     this appropriation for Pell Grant awards in such award year, 
     and any funds available from the fiscal year 1998 
     appropriation for Pell Grant awards, are insufficient to 
     satisfy fully all such awards for which students are 
     eligible, as calculated under section 401(b) of the Act, the 
     amount paid for each such award shall be reduced by either a 
     fixed or variable percentage, or by a fixed dollar amount, as 
     determined in accordance with a schedule of reductions 
     established by the Secretary for this purpose: Provided 
     further, That if the Secretary determines that the funds 
     available to fund Pell Grants for award year 1999-2000 exceed 
     the amount needed to fund Pell Grants at a maximum award of 
     $3,125 for that award year, the Secretary may increase the 
     income protection allowances in sections 475(g)(2)(D), and 
     476(b)(1)(A)(iv)(I), (II) and (III) up to the amounts at 
     which Pell Grant awards calculated using the increased income 
     protection allowances equal the funds available to make Pell 
     Grants in award year 1999-2000 with a $3,125 maximum award, 
     except that the income protection allowance in section 
     475(g)(2)(D) may not exceed $2,200, the income protection 
     allowance in sections 476(b)(1)(A)(iv)(I) and (II) may not 
     exceed $4,250, and the income protection allowance in section 
     476(b)(1)(A)(iv)(III) may not exceed $7,250.


             federal family education loan program account

       For Federal administrative expenses to carry out guaranteed 
     student loans authorized by title IV, part B, of the Higher 
     Education Act, as amended, $46,482,000.


                            higher education

       For carrying out, to the extent not otherwise provided, 
     section 121 and titles II, III, IV, V, VI, VII, and VIII of 
     the Higher Education Act of 1965, as amended, and the Mutual 
     Educational and Cultural Exchange Act of 1961 and Public Law 
     102-73; $1,307,846,000, of which $13,000,000 for interest 
     subsidies authorized by section 121 of the Higher Education 
     Act, shall remain available until expended: Provided, That 
     $16,723,000 shall be for Youth Offender Grants, of which 
     $4,723,000, which shall become available on July 1, 1999, and 
     remain available until September 30, 2000, shall be used in 
     accordance with section 601 of Public Law 102-73 as that 
     section was in effect prior to enactment of Public Law 105-
     220: Provided further, That $4,800,000, to be available until 
     expended, shall be for Salem State College in Salem, 
     Massachusetts for activities authorized under Title III, part 
     A, section 311(c)(2), of the Higher Education Act of 1965, as 
     amended: Provided further, That of the funds made available 
     under title VII, part B, $5,000,000 shall be awarded to the 
     St. Petersburg Junior College for a demonstration of a 
     national method for increasing access to four year degrees 
     and work force training for students attending community 
     college; $2,000,000 shall be for the Technology-Assisted 
     Learning Campus in New Rochelle, New York for high-tech 
     equipment; $250,000 shall be awarded to the Center for Urban 
     Research and Learning, Loyola University, Chicago; $1,150,000 
     shall be awarded to the Southeast Community College in 
     Letcher County, Kentucky; $3,000,000 shall be for the Oregon 
     State University Distance Education Alliance; $1,000,000 
     shall be for the Appalachian Center for Economic Networks in 
     Athens, Ohio; $6,000,000 shall be to establish the Robert J. 
     Dole Institute for Public Service and Public Policy on the 
     University of Kansas campus in Lawrence, Kansas; $1,000,000 
     shall be for the Oregon Institute of Public Service and 
     Constitutional Studies at the Mark O. Hatfield School of 
     Government at Portland State University; $2,150,000 shall be 
     awarded to the College of Natural Resources, University of 
     Wisconsin at Stevens Point for technology-enhanced learning; 
     $1,500,000 shall be for the Touro Law Center in Central 
Islip, New York for the use of technology to bridge the gap between 
legal education and the actual practice of law; $1,000,000 shall be for 
the International Center for Educational Technology and Distance 
Learning at Empire State College; $500,000 shall be for the University 
of Northern Iowa National Institute of Technology for Inclusive 
Education; $1,500,000 shall be for a demonstration project to expand 
the successful college student preparation at Prairie View A&M, Texas; 
$750,000 shall be to identify and provide models of alcohol and drug 
abuse prevention and education in higher education at the college 
level; $500,000 shall be for a teacher training program in experiential 
learning to be awarded to the Department of Language Teacher Education 
School for International Training, Brattleboro, Vermont; and $1,000,000 
shall be for the Paul Simon Public Policy Institute at Southern 
Illinois University at Carbondale, Illinois: Provided further, That 
$9,500,000 of the funds made available for title VII, part B shall be 
for a competition consistent with the subject areas outlined in the 
House and Senate reports and the statement of the managers, and that 
such competition should be administered in a manner consistent with 
current departmental practices and policies.


                           howard university

       For partial support of Howard University (20 U.S.C. 121 et 
     seq.), $214,489,000, of which not less than $3,530,000 shall 
     be for a matching endowment grant pursuant to the Howard 
     University Endowment Act (Public Law 98-480) and shall remain 
     available until expended.


         college housing and academic facilities loans program

       For Federal administrative expenses authorized under 
     section 121 of the Higher Education

[[Page H11144]]

     Act, $698,000 to carry out activities related to existing 
     facility loans entered into under the Higher Education Act.


 historically black college and university capital financing, program 
                                account

       The total amount of bonds insured pursuant to section 344 
     of title III, part D of the Higher Education Act shall not 
     exceed $357,000,000, and the cost, as defined in section 502 
     of the Congressional Budget Act of 1974, of such bonds shall 
     not exceed zero.
       For administrative expenses to carry out the Historically 
     Black College and University Capital Financing Program 
     entered into pursuant to title III, part D of the Higher 
     Education Act, as amended, $96,000.


            education research, statistics, and improvement

       For carrying out activities authorized by the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994, including part E; the National Education Statistics Act 
     of 1994; section 2102 of title II, and parts A, B, I, and K 
     and section 10601 of title X, and part C of title XIII of the 
     Elementary and Secondary Education Act of 1965, as amended, 
     and title VI of Public Law 103-227, $664,867,000: Provided, 
     That $25,000,000 shall be available to demonstrate effective 
     approaches to comprehensive school reform to be allocated 
     and expended in accordance with the instructions relating 
     to this activity in the statement of managers on the 
     conference report accompanying Public Law 105-78 and in 
     the statement of the managers on the conference report 
     accompanying this Act: Provided further, That the funds 
     made available for comprehensive school reform shall 
     become available on July 1, 1999, and remain available 
     through September 30, 2000, and in carrying out this 
     initiative, the Secretary and the States shall support 
     only approaches that show the most promise of enabling 
     children to meet challenging State content standards and 
     challenging State student performance standards based on 
     reliable research and effective practices, and include an 
     emphasis on basic academics and parental involvement: 
     Provided further, That $16,000,000 of the funds made 
     available for title X, part A of the Elementary and 
     Secondary Education Act, shall be carried out consistent 
     with the subject areas outlined in the House and Senate 
     reports and the statement of the managers, and should be 
     administered in a manner consistent with current 
     departmental practices and policies: Provided further, 
     That, in addition to the $6,000,000 for Title VI of Public 
     Law 103-227 and notwithstanding the provisions of section 
     601(c)(1)(C) of that Act, $1,000,000 shall be available to 
     the Center for Civic Education to conduct a civic 
     education program with Northern Ireland and the Republic 
     of Ireland and, consistent with the civics and government 
     activities authorized in section 601(c)(3) of Public Law 
     103-227, to provide civic education assistance to 
     democracies in developing countries. The term ``developing 
     countries'' shall have the same meaning as the term 
     ``developing country'' in the Education for the Deaf Act: 
     Provided further, That of the amount provided for part A 
     of title X of the Elementary and Secondary Education Act 
     of 1965, $2,000,000 shall be for a demonstration of full 
     service community school sites in Charles County, 
     Maryland, Westchester County, New York, Cranston, Rhode 
     Island, and Skagit County, Washington; $2,000,000 shall be 
     awarded to First Book for literacy programs; $1,750,000 
     shall be awarded to the Whitaker Center for Science and 
     the Arts, Harrisburg, Pennsylvania for teaching of science 
     education using the arts; $350,000 shall be awarded to the 
     School of Education at the University of Montana and the 
     Montana Board of Crime Control for community-based 
     initiatives to promote non-violent behavior in schools; 
     $1,000,000 shall be awarded to the NetDay organization to 
     assist schools in connecting K-12 classrooms to the 
     Internet; $1,000,000 shall be awarded to the National 
     Museum of Women in the Arts; $1,000,000 shall be awarded 
     to Youth Friends of Kansas City to improve attendance and 
     academic performance; $750,000 shall be awarded to the 
     Thornberry Center for Youth and Families, Kansas City, 
     Missouri to assist at-risk children; $400,000 shall be for 
     Bay Shore, New York for Literacy Education and Assessment 
     Partnerships; $1,150,000 shall be awarded to provide 
     technology assistance and for operation of a math/science 
     learning center in Perry County, Kentucky; $100,000 shall 
     be for Presidio School District, Texas for library 
     equipment and materials; $1,200,000 shall be for the 
     Southeastern Pennsylvania Consortium for Higher Education; 
     $1,000,000 shall be for the Dowling College Global 
     Learning Center at the former LaSalle Academy in New York 
     for a master teacher training and education center; 
     $10,000,000 for continuing demonstration of public shcool 
     facilities repair and construction to the Iowa Department 
     of Education; and $1,000,000 shall be awarded to the 
     Hechkscher Museum of Art, Long Island, New York for 
     incorporating arts into education curriculum: Provided 
     further, That of the amount provided for part I of title X 
     of the Elementary and Secondary Education Act of 1965, 
     $500,000 shall be for after school programs for the 
     Chippewa Falls Area United School System, Wisconsin; 
     $400,000 shall be for after-school programs for the Wausau 
     School System, Wisconsin; $350,000 shall be for the New 
     Rochelle School System, New York, after-school programs; 
     $100,000 shall be for the New York Hall of Science Queens, 
     New York, after-school program; $25,000 shall be for 
     Louisville Central Community Centers Youth Education 
     Program to support after-school programming; $25,000 shall 
     be for Canaan's Community Development Corporation in 
     Louisville, Kentucky for the Village Learning Center 
     after-school program; $300,000 shall be for the Bay Shore 
     Community Learning Wellness and Fitness Center for Drug 
     Free Lifestyles in Bay Shore, New York; $2,500,000 shall 
     be for an after school anti-drug pilot program in the 
     Chicago Public Schools; and $400,000 shall be for the 
     Green Bay, Wisconsin Public School System after school 
     program: Provided further, That $10,000,000 of the funds 
     provided for the national education research institutes 
     shall be allocated notwithstanding section 931(c)(2)(B) of 
     Public Law 103-227.

                        Departmental Management


                         program administration

       For carrying out, to the extent not otherwise provided, the 
     Department of Education Organization Act, including rental of 
     conference rooms in the District of Columbia and hire of two 
     passenger motor vehicles, $362,000,000.


                        office for civil rights

       For expenses necessary for the Office for Civil Rights, as 
     authorized by section 203 of the Department of Education 
     Organization Act, $66,000,000.


                      office of inspector general

       For expenses necessary for the Office of Inspector General, 
     as authorized by section 212 of the Department of Education 
     Organization Act, $31,242,000.

                           GENERAL PROVISIONS

       Sec. 301. No funds appropriated in this Act may be used for 
     the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     overcome racial imbalance in any school or school system, or 
     for the transportation of students or teachers (or for the 
     purchase of equipment for such transportation) in order to 
     carry out a plan of racial desegregation of any school or 
     school system.
       Sec. 302. None of the funds contained in this Act shall be 
     used to require, directly or indirectly, the transportation 
     of any student to a school other than the school which is 
     nearest the student's home, except for a student requiring 
     special education, to the school offering such special 
     education, in order to comply with title VI of the Civil 
     Rights Act of 1964. For the purpose of this section an 
     indirect requirement of transportation of students includes 
     the transportation of students to carry out a plan involving 
     the reorganization of the grade structure of schools, the 
     pairing of schools, or the clustering of schools, or any 
     combination of grade restructuring, pairing or clustering. 
     The prohibition described in this section does not include 
     the establishment of magnet schools.
       Sec. 303. No funds appropriated under this Act may be used 
     to prevent the implementation of programs of voluntary prayer 
     and meditation in the public schools.


                          (transfer of funds)

       Sec. 304. Not to exceed 1 percent of any discretionary 
     funds (pursuant to the Balanced Budget and Emergency Deficit 
     Control Act, as amended) which are appropriated for the 
     Department of Education in this Act may be transferred 
     between appropriations, but no such appropriation shall be 
     increased by more than 3 percent by any such transfer: 
     Provided, That the Appropriations Committees of both Houses 
     of Congress are notified at least fifteen days in advance of 
     any transfer.
       Sec. 305. National Testing. (a) In General.--Part C of the 
     General Education Provisions Act (20 U.S.C. 1231 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 447. PROHIBITION ON FEDERALLY SPONSORED TESTING.

       ``(a) General Prohibition.--Notwithstanding any other 
     provision of Federal law and except as provided in subsection 
     (b), no funds provided to the Department of Education or to 
     an applicable program, may be used to pilot test, field test, 
     implement, administer or distribute in any way any federally 
     sponsored national test in reading, mathematics, or any other 
     subject that is not specifically and explicitly provided for 
     in authorizing legislation enacted into law.
       ``(b) Exceptions.--Subsection (a) shall not apply to the 
     Third International Mathematics and Science Study or other 
     international comparative assessments developed under the 
     authority of section 404(a)(6) of the National Education 
     Statistics Act of 1994 (20 U.S.C. 9003(a)(6) et seq.) and 
     administered to only a representative sample of pupils in the 
     United States and in foreign nations.''.
       (b) Authority of National Assessment Governing Board.--
     Subject to section 447 of the General Education Provisions 
     Act, the exclusive authority over the direction and all 
     policies and guidelines for developing voluntary national 
     tests pursuant to contract RJ97153001 previously entered into 
     between the United States Department of Education and the 
     American Institutes for Research and executed on August 15, 
     1997, and subsequently modified by the National Assessment 
     Governing Board on February 11, 1998, shall continue to be 
     vested in the National Assessment Governing Board established 
     under section 412 of the National Education Statistics Act of 
     1994 (20 U.S.C. 9011).
       (c) Studies.--
       (1) Purpose, definition, and achievement levels.--The 
     National Assessment Governing Board shall determine and 
     clearly articulate in a report the purpose and intended use 
     of any proposed federally sponsored national test. Such 
     report shall also include--
       (A) a definition of the meaning of the term ``voluntary'' 
     in regards to the administration of any national test; and
       (B) a description of the achievement levels and reporting 
     methods to be used in grading any national test.
     The report shall be submitted to the White House, the 
     Committees on Education and the Workforce of the House of 
     Representatives, the Committee on Labor and Human Resources 
     of the Senate, and the Committees on Appropriations of the 
     House of Representatives and the Senate not later than 
     September 30, 1999.
       (2) Response to report.--The National Assessment Governing 
     Board shall develop and

[[Page H11145]]

     submit to the entities identified in paragraph (1) a report, 
     not later than September 30, 1999, that addresses and 
     responds to the findings reported by the National Academy of 
     Sciences in the report entitled ``Grading the Nation's Report 
     Card: Evaluating NAEP and transforming the Assessment of 
     Educational Progress'' that assert that the achievement 
     levels of the National Assessment of Educational Progress 
     (NAEP) are fundamentally flawed.
       (3) Technical feasibility.--The National Academy of 
     Sciences shall conduct a study regarding the technical 
     feasibility, validity, and reliability of including test 
     items from the National Assessment of Educational Progress 
     (NAEP) for 4th grade reading and 8th grade mathematics or 
     from other tests in State and district assessments for the 
     purpose of providing a common measure of individual student 
     performance. The National Academy of Sciences shall submit, 
     to the entities identified under paragraph (1), an interim 
     progress report not later than June 30, 1999 and a final 
     report not later than September 30, 1999.
       Sec. 306. Notwithstanding any other provision of law, any 
     institution of higher education which receives funds under 
     title III of the Higher Education Act, except for grants made 
     under section 326, may use up to 20 percent of its award 
     under part A or part B of the Act for endowment building 
     purposes authorized under section 331. Any institution 
     seeking to use part A or part B funds for endowment building 
     purposes shall indicate such intention in its application to 
     the Secretary and shall abide by departmental regulations 
     governing the endowment challenge grant program.
       Sec. 307. (a) From the amount appropriated for title VI of 
     the Elementary and Secondary Education Act of 1965 in 
     accordance with this section, the Secretary of Education--
       (1) shall make available a total of $6,000,000 to the 
     Secretary of the Interior (on behalf of the Bureau of Indian 
     Affairs) and the outlying areas for activities under this 
     section; and
       (2) shall allocate the remainder by providing each State 
     the greater of the amount the State would receive if a total 
     of $1,124,620,000 were allocated under section 1122 of the 
     Elementary and Secondary Education Act of 1965 or under 
     section 2202(b) of the Act for fiscal year 1998, except that 
     such allocations shall be ratably increased or decreased as 
     may be necessary.
       (b)(1) Each State that receives funds under this section 
     shall distribute 100 percent of such funds to local 
     educational agencies, of which--
       (A) 80 percent of such amount shall be allocated to such 
     local educational agencies in proportion to the number of 
     children, aged 5 to 17, who reside in the school district 
     served by such local educational agency from families with 
     incomes below the poverty line (as defined by the Office of 
     Management and Budget and revised annually in accordance with 
     section 673(2) of the Community Services Block Grant Act (42 
     U.S.C. 9902(2))) applicable to a family of the size involved 
     for the most recent fiscal year for which satisfactory data 
     is available compared to the number of such individuals who 
     reside in the school districts served by all the local 
     educational agencies in the State for that fiscal year; and
       (B) 20 percent of such amount shall be allocated to such 
     local educational agencies in accordance with the relative 
     enrollments of children, aged 5 to 17, in public and private 
     nonprofit elementary and secondary schools within the 
     boundaries of such agencies;
       (2) Notwithstanding paragraph (1), if the award to a local 
     educational agency under this section is less than the 
     starting salary for a new teacher in that agency, the State 
     shall not make the award unless the local educational agency 
     agrees to form a consortium with not less than 1 other local 
     educational agency for the purpose of reducing class size.
       (c)(1) Each local educational agency that receives funds 
     under this section shall use such funds to carry out 
     effective approaches to reducing class size with 
     highly qualified teachers to improve educational 
     achievement for both regular and special-needs children, 
     with particular consideration given to reducing class size 
     in the early elementary grades for which some research has 
     shown class size reduction is most effective.
       (2)(A) Each such local educational agency may pursue the 
     goal of reducing class size through--
       (i) recruiting, hiring, and training certified regular and 
     special education teachers and teachers of special-needs 
     children, including teachers certified through State and 
     local alternative routes;
       (ii) testing new teachers for academic content knowledge, 
     and to meet State certification requirements that are 
     consistent with title II of the Higher Education Act of 1965; 
     and
       (iii) providing professional development to teachers, 
     including special education teachers and teachers of special-
     needs children, consistent with title II of the Higher 
     Education Act of 1965.
       (B) A local educational agency may use not more than a 
     total of 15 percent of the award received under this section 
     for activities described in clauses (ii) and (iii) of 
     subparagraph (A).
       (C) A local educational agency that has already reduced 
     class size in the early grades to 18 or less children may use 
     funds received under this section--
       (i) to make further class-size reductions in grades 1 
     through 3;
       (ii) to reduce class size in kindergarten or other grades; 
     or
       (iii) to carry out activities to improve teacher quality, 
     including professional development.
       (3) Each such agency shall use funds under this section 
     only to supplement, and not to supplant, State and local 
     funds that, in the absence of such funds, would otherwise be 
     spent for activities under this section.
       (4) No funds made available under this section may be used 
     to increase the salaries or provide benefits, other than 
     participation in professional development and enrichment 
     programs, to teachers who are, or have been, employed by the 
     local educational agency.
       (d)(1) Each State receiving funds under this section shall 
     report on activities in the State under this section, 
     consistent with section 6202(a)(2) of the Elementary and 
     Secondary Education Act of 1965.
       (2) Each school benefiting from this section, or the local 
     educational agency serving that school, shall produce an 
     annual report to parents, the general public, and the State 
     educational agency, in easily understandable language, on 
     student achievement that is a result of hiring additional 
     highly qualified teachers and reducing class size.
       (e) If a local educational agency uses funds made available 
     under this section for professional development activities, 
     the agency shall ensure for the equitable participation of 
     private nonprofit elementary and secondary schools in such 
     activities. Section 6402 of the Elementary and Secondary 
     Education Act of 1965 shall not apply to other activities 
     under this section.
       (f) Administrative expenses.--A local educational agency 
     that receives funds under this section may use not more than 
     3 percent of such funds for local administrative costs.
       (g) Request for funds.--Each local educational agency that 
     desires to receive funds under this section shall include in 
     the application required under section 6303 of the Elementary 
     and Secondary Education Act of 1965 a description of the 
     agency's program to reduce class size by hiring additional 
     highly qualified teachers.
       This title may be cited as the ``Department of Education 
     Appropriations Act, 1999''.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       For expenses necessary for the Armed Forces Retirement Home 
     to operate and maintain the United States Soldiers' and 
     Airmen's Home and the United States Naval Home, to be paid 
     from funds available in the Armed Forces Retirement Home 
     Trust Fund, $70,745,000, of which $15,717,000 shall remain 
     available until expended for construction and renovation of 
     the physical plants at the United States Soldiers' and 
     Airmen's Home and the United States Naval Home: Provided, 
     That, notwithstanding any other provision of law, a single 
     contract or related contracts for the development and 
     construction at the United States Soldiers' and Airmen's 
     Home, to include construction of a long-term care facility at 
     the United States Naval Home and conversion of space in the 
     Scott building at the United States Soldiers' and Airmen's 
     Home, may be employed which collectively include the full 
     scope of the project: Provided further, That the solicitation 
     and contract shall contain the clause ``availability of 
     funds'' found at 48 CFR 52.232-18 and 252.232-7007, 
     Limitation of Government Obligations.

             Corporation for National and Community Service


        domestic volunteer service programs, operating expenses

       For expenses necessary for the Corporation for National and 
     Community Service to carry out the provisions of the Domestic 
     Volunteer Service Act of 1973, as amended, $276,039,000.

                  Corporation for Public Broadcasting

       For payment to the Corporation for Public Broadcasting, as 
     authorized by the Communications Act of 1934, an amount which 
     shall be available within limitations specified by that Act, 
     for the fiscal year 2001, $340,000,000: Provided, That no 
     funds made available to the Corporation for Public 
     Broadcasting by this Act shall be used to pay for receptions, 
     parties, or similar forms of entertainment for Government 
     officials or employees: Provided further, That none of the 
     funds contained in this paragraph shall be available or used 
     to aid or support any program or activity from which any 
     person is excluded, or is denied benefits, or is 
     discriminated against, on the basis of race, color, national 
     origin, religion, or sex: Provided further, That in addition 
     to the amounts provided above, $15,000,000 shall be for 
     digitalization, only if specifically authorized by subsequent 
     legislation enacted by September 30, 1999.

               Federal Mediation and Conciliation Service


                         salaries and expenses

       For expenses necessary for the Federal Mediation and 
     Conciliation Service to carry out the functions vested in it 
     by the Labor Management Relations Act, 1947 (29 U.S.C. 171-
     180, 182-183), including hire of passenger motor vehicles; 
     for expenses necessary for the Labor-Management Cooperation 
     Act of 1978 (29 U.S.C. 175a); and for expenses necessary for 
     the Service to carry out the functions vested in it by the 
     Civil Service Reform Act, Public Law 95-454 (5 U.S.C. ch. 
     71), $34,620,000, including $1,500,000, to remain available 
     through September 30, 2000, for activities authorized by the 
     Labor-Management Cooperation Act of 1978 (29 U.S.C. 175a): 
     Provided, That notwithstanding 31 U.S.C. 3302, fees charged, 
     up to full-cost recovery, for special training activities and 
     for arbitration services shall be credited to and merged with 
     this account, and shall remain available until expended: 
     Provided further, That fees for arbitration services shall be 
     available only for education, training, and professional 
     development of the agency workforce: Provided further, That 
     the Director of the Service is authorized to accept and use 
     on behalf of the United States gifts of services and real, 
     personal, or other property in the aid of any projects or 
     functions within the Director's jurisdiction.

[[Page H11146]]

            Federal Mine Safety and Health Review Commission


                         salaries and expenses

       For expenses necessary for the Federal Mine Safety and 
     Health Review Commission (30 U.S.C. 801 et seq.), $6,060,000.

                Institute of Museum and Library Services

       For carrying out subtitle B of the Museum and Library 
     Services Act, $166,175,000, of which $25,000,000 shall be for 
     national leadership projects, notwithstanding section 
     221(a)(1)(B): Provided, That of the amount provided, 
     $10,000,000, to remain available until expended, shall be 
     awarded to the National Constitution Center, established by 
     Public Law 100-433, for exhibition design, program planning, 
     and operation of the Center to serve as a model between 
     museums and libraries; $750,000 shall be for a Digital 
     Geospatial and Numerical Data Library at the University of 
     Idaho; $1,250,000 shall be awarded to the Franklin Institute, 
     Philadelphia, Pennsylvania; $2,000,000 shall be to enhance 
     digitization at the New York Public Library; $35,000 shall be 
     for the Children's Museum of Manhattan; $300,000 shall be for 
     the State Historical Society of Iowa; and $1,100,000 shall be 
     for the Museum of Science and Industry in Chicago.

                  Medicare Payment Advisory Commission


                         salaries and expenses

       For expenses necessary to carry out section 1805 of the 
     Social Security Act, $7,015,000, to be transferred to this 
     appropriation from the Federal Hospital Insurance and the 
     Federal Supplementary Medical Insurance Trust Funds.

        National Commission on Libraries and Information Science


                         salaries and expenses

       For necessary expenses for the National Commission on 
     Libraries and Information Science, established by the Act of 
     July 20, 1970 (Public Law 91-345, as amended by Public Law 
     102-95), $1,000,000.

                     National Council on Disability


                         salaries and expenses

       For expenses necessary for the National Council on 
     Disability as authorized by title IV of the Rehabilitation 
     Act of 1973, as amended, $2,344,000.

                     National Education Goals Panel

       For expenses necessary for the National Education Goals 
     Panel, as authorized by title II, part A of the Goals 2000: 
     Educate America Act, $2,100,000.

                     National Labor Relations Board


                         salaries and expenses

       For expenses necessary for the National Labor Relations 
     Board to carry out the functions vested in it by the Labor-
     Management Relations Act, 1947, as amended (29 U.S.C. 141-
     167), and other laws, $184,451,000: Provided, That no part of 
     this appropriation shall be available to organize or assist 
     in organizing agricultural laborers or used in connection 
     with investigations, hearings, directives, or orders 
     concerning bargaining units composed of agricultural laborers 
     as referred to in section 2(3) of the Act of July 5, 1935 (29 
     U.S.C. 152), and as amended by the Labor-Management Relations 
     Act, 1947, as amended, and as defined in section 3(f) of the 
     Act of June 25, 1938 (29 U.S.C. 203), and including in said 
     definition employees engaged in the maintenance and operation 
     of ditches, canals, reservoirs, and waterways when maintained 
     or operated on a mutual, nonprofit basis and at least 95 
     percent of the water stored or supplied thereby is used for 
     farming purposes: Provided further, That none of the funds 
     made available by this Act shall be used in any way to 
     promulgate a final rule (altering 29 CFR part 103) regarding 
     single location bargaining units in representation cases.

                        National Mediation Board


                         salaries and expenses

       For expenses necessary to carry out the provisions of the 
     Railway Labor Act, as amended (45 U.S.C. 151-188), including 
     emergency boards appointed by the President, $8,400,000: 
     Provided, That unobligated balances at the end of fiscal year 
     1999 not needed for emergency boards shall remain available 
     for other statutory purposes through September 30, 2000.

            Occupational Safety and Health Review Commission


                         salaries and expenses

       For expenses necessary for the Occupational Safety and 
     Health Review Commission (29 U.S.C. 661), $8,100,000.

                       Railroad Retirement Board


                     dual benefits payments account

       For payment to the Dual Benefits Payments Account, 
     authorized under section 15(d) of the Railroad Retirement Act 
     of 1974, $189,000,000, which shall include amounts becoming 
     available in fiscal year 1999 pursuant to section 
     224(c)(1)(B) of Public Law 98-76; and in addition, an amount, 
     not to exceed 2 percent of the amount provided herein, shall 
     be available proportional to the amount by which the product 
     of recipients and the average benefit received exceeds 
     $189,000,000: Provided, That the total amount provided herein 
     shall be credited in 12 approximately equal amounts on the 
     first day of each month in the fiscal year.


          federal payments to the railroad retirement accounts

       For payment to the accounts established in the Treasury for 
     the payment of benefits under the Railroad Retirement Act for 
     interest earned on unnegotiated checks, $150,000, to remain 
     available through September 30, 2000, which shall be the 
     maximum amount available for payment pursuant to section 417 
     of Public Law 98-76.


                      limitation on administration

       For necessary expenses for the Railroad Retirement Board 
     for administration of the Railroad Retirement Act and the 
     Railroad Unemployment Insurance Act, $90,000,000, to be 
     derived in such amounts as determined by the Board from the 
     railroad retirement accounts and from moneys credited to the 
     railroad unemployment insurance administration fund.


             limitation on the office of inspector general

       For expenses necessary for the Office of Inspector General 
     for audit, investigatory and review activities, as authorized 
     by the Inspector General Act of 1978, as amended, not more 
     than $5,600,000, to be derived from the railroad retirement 
     accounts and railroad unemployment insurance account: 
     Provided, That none of the funds made available in any other 
     paragraph of this Act may be transferred to the Office; used 
     to carry out any such transfer; used to provide any office 
     space, equipment, office supplies, communications facilities 
     or services, maintenance services, or administrative services 
     for the Office; used to pay any salary, benefit, or award for 
     any personnel of the Office; used to pay any other operating 
     expense of the Office; or used to reimburse the Office for 
     any service provided, or expense incurred, by the Office: 
     Provided further, That none of the funds made available under 
     this heading in this Act, or subsequent Departments of Labor, 
     Health and Human Services, and Education, and Related 
     Agencies Appropriations Acts, may be used for any audit, 
     investigation, or review of the Medicare Program.

                     Social Security Administration


                payments to social security trust funds

       For payment to the Federal Old-Age and Survivors Insurance 
     and the Federal Disability Insurance trust funds, as provided 
     under sections 201(m), 228(g), and 1131(b)(2) of the Social 
     Security Act, $19,689,000.


               special benefits for disabled coal miners

       For carrying out title IV of the Federal Mine Safety and 
     Health Act of 1977, $382,803,000, to remain available until 
     expended.
       For making, after July 31 of the current fiscal year, 
     benefit payments to individuals under title IV of the Federal 
     Mine Safety and Health Act of 1977, for costs incurred in the 
     current fiscal year, such amounts as may be necessary.
       For making benefit payments under title IV of the Federal 
     Mine Safety and Health Act of 1977 for the first quarter of 
     fiscal year 2000, $141,000,000, to remain available until 
     expended.


                  supplemental security income program

       For carrying out titles XI and XVI of the Social Security 
     Act, section 401 of Public Law 92-603, section 212 of Public 
     Law 93-66, as amended, and section 405 of Public Law 95-216, 
     including payment to the Social Security trust funds for 
     administrative expenses incurred pursuant to section 
     201(g)(1) of the Social Security Act, $21,552,000,000, to 
     remain available until expended: Provided, That any portion 
     of the funds provided to a State in the current fiscal year 
     and not obligated by the State during that year shall be 
     returned to the Treasury.
       From funds provided under the previous paragraph, not less 
     than $100,000,000 shall be available for payment to the 
     Social Security trust funds for administrative expenses for 
     conducting continuing disability reviews.
       In addition, $177,000,000, to remain available until 
     September 30, 2000, for payment to the Social Security trust 
     funds for administrative expenses for continuing disability 
     reviews as authorized by section 103 of Public Law 104-121 
     and section 10203 of Public Law 105-33. The term ``continuing 
     disability reviews'' means reviews and redeterminations as 
     defined under section 201(g)(1)(A) of the Social Security 
     Act, as amended.
       For making, after June 15 of the current fiscal year, 
     benefit payments to individuals under title XVI of the Social 
     Security Act, for unanticipated costs incurred for the 
     current fiscal year, such sums as may be necessary.
       For making benefit payments under title XVI of the Social 
     Security Act for the first quarter of fiscal year 2000, 
     $9,550,000,000, to remain available until expended.


                 limitation on administrative expenses

       For necessary expenses, including the hire of two passenger 
     motor vehicles, and not to exceed $10,000 for official 
     reception and representation expenses, not more than 
     $5,996,000,000 may be expended, as authorized by section 
     201(g)(1) of the Social Security Act, from any one or all of 
     the trust funds referred to therein: Provided, That not less 
     than $1,600,000 shall be for the Social Security Advisory 
     Board: Provided further, That unobligated balances at the end 
     of fiscal year 1999 not needed for fiscal year 1999 shall 
     remain available until expended to invest in the Social 
     Security Administration computing network, including related 
     equipment and non-payroll administrative expenses associated 
     solely with this network: Provided further, That 
     reimbursement to the trust funds under this heading for 
     expenditures for official time for employees of the Social 
     Security Administration pursuant to section 7131 of title 5, 
     United States Code, and for facilities or support services 
     for labor organizations pursuant to policies, regulations, or 
     procedures referred to in section 7135(b) of such title shall 
     be made by the Secretary of the Treasury, with interest, from 
     amounts in the general fund not otherwise appropriated, as 
     soon as possible after such expenditures are made.
       From funds provided under the previous paragraph, 
     notwithstanding the provision under this heading in Public 
     Law 105-78 regarding unobligated balances at the end of 
     fiscal year 1998 not needed for such fiscal year, an amount 
     not to exceed $50,000,000 from such unobligated balances 
     shall, in addition to funding already available under this 
     heading for fiscal year 1999, be available for necessary 
     expenses.

[[Page H11147]]

       From funds provided under the first paragraph, not less 
     than $200,000,000 shall be available for conducting 
     continuing disability reviews.
       From funds provided under the first paragraph, the 
     Commissioner of Social Security shall direct $6,000,000 for 
     Federal-State partnerships which will evaluate means to 
     promote Medicare buy-in programs targeted to elderly and 
     disabled individuals under titles XVIII and XIX of the 
     Social Security Act.
       In addition to funding already available under this 
     heading, and subject to the same terms and conditions, 
     $355,000,000, to remain available until September 30, 2000, 
     for continuing disability reviews as authorized by section 
     103 of Public Law 104-121 and section 10203 of Public Law 
     105-33. The term ``continuing disability reviews'' means 
     reviews and redeterminations as defined under section 
     201(g)(1)(A) of the Social Security Act as amended.
       In addition, $75,000,000 to be derived from administration 
     fees in excess of $5.00 per supplementary payment collected 
     pursuant to section 1616(d) of the Social Security Act or 
     section 212(b)(3) of Public Law 93-66, which shall remain 
     available until expended. To the extent that the amounts 
     collected pursuant to such section 1616(d) or 212(b)(3) in 
     fiscal year 1999 exceed $75,000,000, the amounts shall be 
     available in fiscal year 2000 only to the extent provided in 
     advance in appropriations Acts.


                      office of inspector general

                     (including transfer of funds)

       For expenses necessary for the Office of Inspector General 
     in carrying out the provisions of the Inspector General Act 
     of 1978, as amended, $12,000,000, together with not to exceed 
     $44,000,000, to be transferred and expended as authorized by 
     section 201(g)(1) of the Social Security Act from the Federal 
     Old-Age and Survivors Insurance Trust Fund and the Federal 
     Disability Insurance Trust Fund.
       In addition, an amount not to exceed 3 percent of the total 
     provided in this appropriation may be transferred from the 
     ``Limitation on Administrative Expenses'', Social Security 
     Administration, to be merged with this account, to be 
     available for the time and purposes for which this account is 
     available: Provided, That notice of such transfers shall be 
     transmitted promptly to the Committees on Appropriations of 
     the House and Senate.

                    United States Institute of Peace


                           operating expenses

       For necessary expenses of the United States Institute of 
     Peace as authorized in the United States Institute of Peace 
     Act, $12,160,000.

                      TITLE V--GENERAL PROVISIONS

       Sec. 501. The Secretaries of Labor, Health and Human 
     Services, and Education are authorized to transfer unexpended 
     balances of prior appropriations to accounts corresponding to 
     current appropriations provided in this Act: Provided, That 
     such transferred balances are used for the same purpose, and 
     for the same periods of time, for which they were originally 
     appropriated.
       Sec. 502. No part of any appropriation contained in this 
     Act shall remain available for obligation beyond the current 
     fiscal year unless expressly so provided herein.
       Sec. 503. (a) No part of any appropriation contained in 
     this Act shall be used, other than for normal and recognized 
     executive-legislative relationships, for publicity or 
     propaganda purposes, for the preparation, distribution, or 
     use of any kit, pamphlet, booklet, publication, radio, 
     television, or video presentation designed to support or 
     defeat legislation pending before the Congress or any State 
     legislature, except in presentation to the Congress or any 
     State legislature itself.
       (b) No part of any appropriation contained in this Act 
     shall be used to pay the salary or expenses of any grant or 
     contract recipient, or agent acting for such recipient, 
     related to any activity designed to influence legislation or 
     appropriations pending before the Congress or any State 
     legislature.
       Sec. 504. The Secretaries of Labor and Education are each 
     authorized to make available not to exceed $15,000 from funds 
     available for salaries and expenses under titles I and III, 
     respectively, for official reception and representation 
     expenses; the Director of the Federal Mediation and 
     Conciliation Service is authorized to make available for 
     official reception and representation expenses not to 
     exceed $2,500 from the funds available for ``Salaries and 
     expenses, Federal Mediation and Conciliation Service''; 
     and the Chairman of the National Mediation Board is 
     authorized to make available for official reception and 
     representation expenses not to exceed $2,500 from funds 
     available for ``Salaries and expenses, National Mediation 
     Board''.
       Sec. 505. Notwithstanding any other provision of this Act, 
     no funds appropriated under this Act shall be used to carry 
     out any program of distributing sterile needles or syringes 
     for the hypodermic injection of any illegal drug.
       Sec. 506. (a) Purchase of American-Made Equipment and 
     Products.--It is the sense of the Congress that, to the 
     greatest extent practicable, all equipment and products 
     purchased with funds made available in this Act should be 
     American-made.
       (b) Notice Requirement.--In providing financial assistance 
     to, or entering into any contract with, any entity using 
     funds made available in this Act, the head of each Federal 
     agency, to the greatest extent practicable, shall provide to 
     such entity a notice describing the statement made in 
     subsection (a) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 507. When issuing statements, press releases, requests 
     for proposals, bid solicitations and other documents 
     describing projects or programs funded in whole or in part 
     with Federal money, all grantees receiving Federal funds 
     included in this Act, including but not limited to State and 
     local governments and recipients of Federal research grants, 
     shall clearly state: (1) the percentage of the total costs of 
     the program or project which will be financed with Federal 
     money; (2) the dollar amount of Federal funds for the project 
     or program; and (3) percentage and dollar amount of the total 
     costs of the project or program that will be financed by 
     nongovernmental sources.
       Sec. 508. (a) None of the funds appropriated under this 
     Act, and none of the funds in any trust fund to which funds 
     are appropriated under this Act, shall be expended for any 
     abortion.
       (b) None of the funds appropriated under this Act, and none 
     of the funds in any trust fund to which funds are 
     appropriated under this Act, shall be expended for health 
     benefits coverage that includes coverage of abortion.
       (c) The term ``health benefits coverage'' means the package 
     of services covered by a managed care provider or 
     organization pursuant to a contract or other arrangement.
       Sec. 509. (a) The limitations established in the preceding 
     section shall not apply to an abortion--
       (1) if the pregnancy is the result of an act of rape or 
     incest; or
       (2) in the case where a woman suffers from a physical 
     disorder, physical injury, or physical illness, including a 
     life-endangering physical condition caused by or arising from 
     the pregnancy itself, that would, as certified by a 
     physician, place the woman in danger of death unless an 
     abortion is performed.
       (b) Nothing in the preceding section shall be construed as 
     prohibiting the expenditure by a State, locality, entity, or 
     private person of State, local, or private funds (other 
     than a State's or locality's contribution of Medicaid 
     matching funds).
       (c) Nothing in the preceding section shall be construed as 
     restricting the ability of any managed care provider from 
     offering abortion coverage or the ability of a State or 
     locality to contract separately with such a provider for such 
     coverage with State funds (other than a State's or locality's 
     contribution of Medicaid matching funds).
       Sec. 510. Notwithstanding any other provision of law, 
     hereafter--
       (1) no amount may be transferred from an appropriation 
     account for the Departments of Labor, Health and Human 
     Services, and Education except as authorized in this or any 
     subsequent appropriation Act, or in the Act establishing the 
     program or activity for which funds are contained in this 
     Act;
       (2) no department, agency, or other entity, other than the 
     one responsible for administering the program or activity for 
     which an appropriation is made in this Act, may exercise 
     authority for the timing of the obligation and expenditure of 
     such appropriation, or for the purpose for which it is 
     obligated and expended, except to the extent and in the 
     manner otherwise provided in sections 1512 and 1513 of title 
     31, United States Code; and
       (3) no funds provided under this Act shall be available for 
     the salary (or any part thereof) of an employee who is 
     reassigned on a temporary detail basis to another position in 
     the employing agency or department or in any other agency or 
     department, unless the detail is independently approved by 
     the head of the employing department or agency.
       Sec. 511. (a) None of the funds made available in this Act 
     may be used for--
       (1) the creation of a human embryo or embryos for research 
     purposes; or
       (2) research in which a human embryo or embryos are 
     destroyed, discarded, or knowingly subjected to risk of 
     injury or death greater than that allowed for research on 
     fetuses in utero under 45 CFR 46.208(a)(2) and section 498(b) 
     of the Public Health Service Act (42 U.S.C. 289g(b)).
       (b) For purposes of this section, the term ``human embryo 
     or embryos'' includes any organism, not protected as a human 
     subject under 45 CFR 46 as of the date of the enactment of 
     this Act, that is derived by fertilization, parthenogenesis, 
     cloning, or any other means from one or more human gametes or 
     human diploid cells.
       Sec. 512. (a) Limitation on Use of Funds for Promotion of 
     Legalization of Controlled Substances.--None of the funds 
     made available in this Act may be used for any activity that 
     promotes the legalization of any drug or other substance 
     included in schedule I of the schedules of controlled 
     substances established by section 202 of the Controlled 
     Substances Act (21 U.S.C. 812).
       (b) Exceptions.--The limitation in subsection (a) shall not 
     apply when there is significant medical evidence of a 
     therapeutic advantage to the use of such drug or other 
     substance or that federally sponsored clinical trials are 
     being conducted to determine therapeutic advantage.
       Sec. 513. None of the funds made available in this Act may 
     be obligated or expended to enter into or renew a contract 
     with an entity if--
       (1) such entity is otherwise a contractor with the United 
     States and is subject to the requirement in section 4212(d) 
     of title 38, United States Code, regarding submission of an 
     annual report to the Secretary of Labor concerning employment 
     of certain veterans; and

[[Page H11148]]

       (2) such entity has not submitted a report as required by 
     that section for the most recent year for which such 
     requirement was applicable to such entity.
       Sec. 514. None of the funds made available in this Act may 
     be used to pay the expenses of an election officer appointed 
     by a court to oversee an election of any officer or trustee 
     for the International Brotherhood of Teamsters.
       Sec. 515. Except as otherwise specifically provided by law, 
     unobligated balances remaining available at the end of fiscal 
     year 1999 from appropriations made available for salaries and 
     expenses for fiscal year 1999 in this Act, shall remain 
     available through December 31, 1999, for each such account 
     for the purposes authorized: Provided, That the House and 
     Senate Committees on Appropriations shall be notified at 
     least fifteen days prior to the obligation of such funds.
       Sec. 516. None of the funds made available in this Act may 
     be used to promulgate or adopt any final standard under 
     section 1173(b) of the Social Security Act (42 U.S.C. 1320d-
     2(b)) providing for, or providing for the assignment of, a 
     unique health identifier for an individual (except in an 
     individual's capacity as an employer or a health care 
     provider), until legislation is enacted specifically 
     approving the standard.

  TITLE VI--NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE

     SEC. 601. ESTABLISHMENT OF NATIONAL CENTER FOR COMPLEMENTARY 
                   AND ALTERNATIVE MEDICINE.

       In General.--Title IV of the Public Health Service Act (42 
     U.S.C. 281 et seq.) is amended--
       (1) by striking section 404E; and
       (2) in part E, by adding at the end the following:

``Subpart 5--National Center for Complementary and Alternative Medicine

     ``SEC. 485D. PURPOSE OF CENTER.

       ``(a) In General.--The general purposes of the National 
     Center for Complementary and Alternative Medicine (in this 
     subpart referred to as the `Center') are the conduct and 
     support of basic and applied research (including both 
     intramural and extramural research), research training, the 
     dissemination of health information, and other programs with 
     respect to identifying, investigating, and validating 
     complementary and alternative treatment, diagnostic and 
     prevention modalities, disciplines and systems. The Center 
     shall be headed by a director, who shall be appointed by the 
     Secretary. The Director of the Center shall report 
     directly to the Director of NIH.
       ``(b) Advisory Council.--The Secretary shall establish an 
     advisory council for the Center in accordance with section 
     406, except that at least half of the members of the advisory 
     council who are not ex officio members shall include 
     practitioners licensed in one or more of the major systems 
     with which the Center is concerned, and at least 3 
     individuals representing the interests of individual 
     consumers of complementary and alternative medicine.
       ``(c) Complement to Conventional Medicine.--In carrying out 
     subsection (a), the Director of the Center shall, as 
     appropriate, study the integration of alternative treatment, 
     diagnostic and prevention systems, modalities, and 
     disciplines with the practice of conventional medicine as a 
     complement to such medicine and into health care delivery 
     systems in the United States.
       ``(d) Appropriate Scientific Expertise and Coordination 
     With Institutes and Federal Agencies.--The Director of the 
     Center, after consultation with the advisory council for the 
     Center and the division of research grants, shall ensure that 
     scientists with appropriate expertise in research on 
     complementary and alternative medicine are incorporated into 
     the review, oversight, and management processes of all 
     research projects and other activities funded by the Center. 
     In carrying out this subsection, the Director of the Center, 
     as necessary, may establish review groups with appropriate 
     scientific expertise. The Director of the Center shall 
     coordinate efforts with other Institutes and Federal agencies 
     to ensure appropriate scientific input and management.
       ``(e) Evaluation of Various Disciplines and Systems.--In 
     carrying out subsection (a), the Director of the Center shall 
     identify and evaluate alternative and complementary medical 
     treatment, diagnostic and prevention modalities in each of 
     the disciplines and systems with which the Center is 
     concerned, including each discipline and system in which 
     accreditation, national certification, or a State license is 
     available.
       ``(f) Ensuring High Quality, Rigorous Scientific Review.--
     In order to ensure high quality, rigorous scientific review 
     of complementary and alternative, diagnostic and prevention 
     modalities, disciplines and systems, the Director of the 
     Center shall conduct or support the following activities:
       ``(1) Outcomes research and investigations.
       ``(2) Epidemiological studies.
       ``(3) Health services research.
       ``(4) Basic science research.
       ``(5) Clinical trials.
       ``(6) Other appropriate research and investigational 
     activities.
     The Director of NIH, in coordination with the Director of the 
     Center, shall designate specific personnel in each Institute 
     to serve as full-time liaisons with the Center in 
     facilitating appropriate coordination and scientific input.
       ``(g) Data System; Information Clearinghouse.--
       ``(1) Data system.--The Director of the Center shall 
     establish a bibliographic system for the collection, storage, 
     and retrieval of worldwide research relating to complementary 
     and alternative treatment, diagnostic and prevention 
     modalities, disciplines and systems. Such a system shall be 
     regularly updated and publicly accessible.
       ``(2) Clearinghouse.--The Director of the Center shall 
     establish an information clearinghouse to facilitate and 
     enhance, through the effective dissemination of information, 
     knowledge and understanding of alternative medical treatment, 
     diagnostic and prevention practices by health professionals, 
     patients, industry, and the public.
       ``(h) Research Centers.--The Director of the Center, after 
     consultation with the advisory council for the Center, shall 
     provide support for the development and operation of 
     multipurpose centers to conduct research and other 
     activities described in subsection (a) with respect to 
     complementary and alternative treatment, diagnostic and 
     prevention modalities, disciplines and systems. The 
     provision of support for the development and operation of 
     such centers shall include accredited complementary and 
     alternative medicine research and education facilities.
       ``(i) Availability of Resources.--After consultation with 
     the Director of the Center, the Director of NIH shall ensure 
     that resources of the National Institutes of Health, 
     including laboratory and clinical facilities, fellowships 
     (including research training fellowship and junior and senior 
     clinical fellowships), and other resources are sufficiently 
     available to enable the Center to appropriately and 
     effectively carry out its duties as described in subsection 
     (a). The Director of NIH, in coordination with the Director 
     of the Center, shall designate specific personnel in each 
     Institute to serve as full-time liaisons with the Center in 
     facilitating appropriate coordination and scientific input.
       ``(j) Availability of Appropriations.--Amounts appropriated 
     to carry out this section for fiscal year 1999 are available 
     for obligation through September 30, 2001. Amounts 
     appropriated to carry out this section for fiscal year 2000 
     are available for obligation through September 30, 2001.''.
       (k) Technical and Conforming Amendment.--Section 401(b)(2) 
     of the Public Health Service Act (42 U.S.C. 281(b)(2) is 
     amended by adding at the end the following:
       ``(F) The National Center for Complementary and Alternative 
     Medicine.''.

                  TITLE VII--MISCELLANEOUS PROVISIONS


     RATES OF PAY FOR PUBLIC BROADCASTING AND NATIONAL PUBLIC RADIO

       Sec. 701. Section 396(k)(9) of Title 47, United States 
     Code, is amended by striking ``at an annual rate of pay which 
     exceeds the rate of basic pay in effect from time to time for 
     level I of the Executive Schedule under 5312 of title 5, 
     United States Code'' and inserting ``in excess of reasonable 
     compensation as determined pursuant to Section 4958 of the 
     Internal Revenue Code for services that the officer or 
     employee renders to organization'' after ``compensated.''
       Sec. 702. The amount of the DSH allotment for the State of 
     Minnesota for fiscal year 1999, specified in the table under 
     section 1923(f)(2) of the Social Security Act (as amended by 
     section 4721(a)(1) of Public Law 105-33) is deemed to be 
     $33,000,000.
       Sec. 703. The amount of the DSH allotment for the State of 
     New Mexico for fiscal year 1999, specified in the table under 
     section 1923(f)(2) of the Social Security Act (as amended by 
     section 4721(a)(1) of Public Law 105-33) is deemed to be 
     $9,000,000.
       Sec. 704. Notwithstanding section 1923(f)(2) of the Social 
     Security Act (42 U.S.C. 1396r-4(f)(2)) (as amended by section 
     4721(a)(1) of the Balanced Budget Act of 1997 (Public Law 
     105-33; 111 Stat. 511), the amount of the DSH allotment for 
     Wyoming for fiscal year 1999 is deemed to be $95,000.
       Sec. 705. Extension of Certain Adjudication Provisions.--
     The Foreign Operations, Export Financing, and Related 
     Programs Appropriations Act, 1990 (Public Law 101-167) is 
     amended--
       (1) in section 599D (8 U.S.C. 1157 note)--
       (A) in subsection (b)(3), by striking ``1997 and 1998'' and 
     inserting ``1997, 1998, and 1999''; and
       (B) in subsection (e), by striking ``October 1, 1998'' each 
     place it appears and inserting ``October 1, 1999''; and
       (2) in section 599E (8 U.S.C. 1255 note) in subsection 
     (b)(2), by striking ``September 30, 1998'' and inserting 
     ``September 30, 1999''.
       Sec. 706. (a) Section 2104(c) of the Social Security Act 
     (42 U.S.C. 1397dd(c)) is amended by adding at the end the 
     following new paragraph:
       ``(4) Additional allotment.--
       ``(A) In general.--In addition to the allotment under 
     paragraph (1), the Secretary shall allot each commonwealth 
     and territory described in paragraph (3) the applicable 
     percentage specified in paragraph (2) of the amount 
     appropriated under subparagraph (B).
       ``(B) Appropriations.--For purposes of providing allotments 
     pursuant to subparagraph (A), there is appropriated, out of 
     any money in the Treasury not otherwise appropriated 
     $32,000,000 for fiscal year 1999.''.
       (b) Section 2104(b)(1) of such Act (42 U.S.C. 1397dd(b)(1)) 
     is amended by inserting ``(determined without regard to 
     paragraph (4) thereof)'' after ``subsection (c)''.
       Sec. 707. Determination of Number of Children and State 
     Cost Factors for Fiscal Years 1998 and 1999 for Purposes of 
     State Children's Health Insurance Program (SCHIP).--
     Notwithstanding any other provision of law, for purposes of 
     determining the product under section 2104(b)(1)(A) of the 
     Social Security Act (42 U.S.C. 1397dd(b)(1)(A)) for a State 
     for each of fiscal years 1998 and 1999--
       (1) the number of children under clause (i) of such section 
     shall be the number of low-income children specified for the 
     State in Column B of the table on pages 48101-48102 of the 
     Federal Register published on September 12, 1997, adjusted by 
     the Census Bureau as necessary to treat children as being 
     without health insurance

[[Page H11149]]

     if they have access to health care funded by the Indian 
     Health Service but do not have health insurance; and
       (2) the State cost factor under clause (ii) of such section 
     shall be the State cost factor specified for the State in 
     Column C of such table.
       Sec. 708. (a) Extension of Deadline for Submission of 
     Report by Commission To Assess the Organization of the 
     Federal Government To Combat the Proliferation of Weapons of 
     Mass Destruction.--Section 712(c)(1) of the Combating 
     Proliferation of Weapons of Mass Destruction Act of 1996 
     (subtitle A of title VII of Public Law 104-293; 110 Stat. 
     3470; 50 U.S.C. 2351 note) is amended by striking out ``the 
     date of the enactment of this Act'' and inserting in lieu 
     thereof ``January 18, 1998''.
       (b) Membership of Commission.--Section 711 of that Act is 
     amended--
       (1) in the matter preceding subsection (b)(1), by striking 
     out ``eight members'' and inserting in lieu thereof ``twelve 
     members, none of whom may, during the period of their service 
     on the Commission, be an officer or employee of any 
     department, agency, or other establishment of the Executive 
     Branch (other than the Commission), and'';
       (2) in subsection (b)(2), by striking out ``one'' and 
     inserting in lieu thereof ``three'';
       (3) in subsection (b)(4), by striking out ``one'' and 
     inserting in lieu thereof ``three''; and
       (4) in subsection (e), by striking out ``the date on which 
     all members of the Commission have been appointed'' and 
     inserting in lieu thereof ``the date of enactment of an Act 
     making appropriations for the Departments of Labor, Health 
     and Human Services, and Education, and related agencies, for 
     the fiscal year ending September 30, 1999, regardless of 
     whether all the members of the Commission have been appointed 
     as of that date,''.
       (c) Restrictions on Activities of Commission.--Section 
     712(a) of that Act is amended by adding at the end the 
     following:
       ``(4) Restrictions.--In carrying out the study under 
     paragraph (1), making the assessments under paragraph (2), 
     and addressing the matters identified in paragraph (3), the 
     Commission shall not review, evaluate, or report on--
       ``(A) United States domestic response capabilities with 
     respect to weapons of mass destruction; or
       ``(B) the adequacy or usefulness of United States laws that 
     provide for the imposition of sanctions on countries or 
     entities that engage in the proliferation of weapons of mass 
     destruction.''.
       (d) Limitation on Commission Expenditures.--Section 717 of 
     that Act is amended by striking out ``shall be paid'' and 
     inserting in lieu thereof ``shall not exceed $1,000,000, and 
     shall be paid''.
       Sec. 709. Protection of Divorced Spouses. (a) In General.--
     Section 6(c) of the Railroad Retirement Act of 1974 (45 
     U.S.C. 231e(c)) is amended--
       (1) in the last sentence of paragraph (1), by inserting 
     ``(other than to a survivor in the circumstances described in 
     paragraph (3))'' after ``no further benefits shall be paid''; 
     and
       (2) by adding at the end the following:
       ``(3) Notwithstanding the last sentence of paragraph (1), 
     benefits shall be paid to a survivor who--
       ``(A) is a divorced wife; and
       ``(B) through administrative error received benefits 
     otherwise precluded by the making of a lump sum payment under 
     this section to a widow;
     if that divorced wife makes an election to repay to the Board 
     the lump sum payment. The Board may withhold up to 10 percent 
     of each benefit amount paid after the date of the enactment 
     of this paragraph toward such reimbursement. The Board may 
     waive such repayment to the extent the Board determines it 
     would cause an unjust financial hardship for the 
     beneficiary.''.
       (b) Application of Amendment.--The amendment made by this 
     section shall apply with respect to any benefits paid before 
     the date of enactment of this Act as well as to benefits 
     payable on or after the date of the enactment of this Act.
       Sec. 710. For purposes of payments to States for medical 
     assistance under title XIX of the Social Security Act from 
     amounts appropriated to carry out such title for fiscal year 
     1999 and for any subsequent fiscal year, individuals who are 
     PACE program eligible individuals under section 1934 of that 
     Act and who meet the income and resource eligibility 
     requirements of individuals who are eligible for medical 
     assistance under section 1902(a)(10)(A)(ii)(VI) of that Act 
     shall be treated as individuals described in such section 
     1902(a)(10)(A)(ii)(VI) during the period of their enrollment 
     in the PACE program.

                   TITLE VIII--READING EXCELLENCE ACT

                Subtitle I--Reading and Literacy Grants

     SEC. 101. AMENDMENT TO ESEA FOR READING AND LITERACY GRANTS.

       (a) In General.--Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) is amended--
       (1) by redesignating parts C and D as parts D and E, 
     respectively; and
       (2) by inserting after part B the following:

                 ``PART C--READING AND LITERACY GRANTS

     ``SEC. 2251. PURPOSES.

       ``The purposes of this part are as follows:
       ``(1) To provide children with the readiness skills they 
     need to learn to read once they enter school.
       ``(2) To teach every child to read in the child's early 
     childhood years--
       ``(A) as soon as the child is ready to read; or
       ``(B) as soon as possible once the child enters school, but 
     not later than 3d grade.
       ``(3) To improve the reading skills of students, and the 
     instructional practices for current teachers (and, as 
     appropriate, other instructional staff) who teach reading, 
     through the use of findings from scientifically based reading 
     research, including findings relating to phonemic awareness, 
     systematic phonics, fluency, and reading comprehension.
       ``(4) To expand the number of high-quality family literacy 
     programs.
       ``(5) To provide early literacy intervention to children 
     who are experiencing reading difficulties in order to reduce 
     the number of children who are incorrectly identified as a 
     child with a disability and inappropriately referred to 
     special education.

     ``SEC. 2252. DEFINITIONS.

       ``For purposes of this part:
       ``(1) Eligible professional development provider.--The term 
     `eligible professional development provider' means a provider 
     of professional development in reading instruction to 
     teachers that is based on scientifically based reading 
     research.
       ``(2) Family literacy services.--The term `family literacy 
     services' means services provided to participants on a 
     voluntary basis that are of sufficient intensity in terms of 
     hours, and of sufficient duration, to make sustainable 
     changes in a family, and that integrate all of the following 
     activities:
       ``(A) Interactive literacy activities between parents and 
     their children.
       ``(B) Training for parents regarding how to be the primary 
     teacher for their children and full partners in the education 
     of their children.
       ``(C) Parent literacy training that leads to economic self-
     sufficiency.
       ``(D) An age-appropriate education to prepare children for 
     success in school and life experiences.
       ``(3) Instructional staff.--The term `instructional 
     staff'--
       ``(A) means individuals who have responsibility for 
     teaching children to read; and
       ``(B) includes principals, teachers, supervisors of 
     instruction, librarians, library school media specialists, 
     teachers of academic subjects other than reading, and other 
     individuals who have responsibility for assisting children to 
     learn to read.
       ``(4) Reading.--The term `reading' means a complex system 
     of deriving meaning from print that requires all of the 
     following:
       ``(A) The skills and knowledge to understand how phonemes, 
     or speech sounds, are connected to print.
       ``(B) The ability to decode unfamiliar words.
       ``(C) The ability to read fluently.
       ``(D) Sufficient background information and vocabulary to 
     foster reading comprehension.
       ``(E) The development of appropriate active strategies to 
     construct meaning from print.
       ``(F) The development and maintenance of a motivation to 
     read.
       ``(5) Scientifically based reading research.--The term 
     `scientifically based reading research'--
       ``(A) means the application of rigorous, systematic, and 
     objective procedures to obtain valid knowledge relevant to 
     reading development, reading instruction, and reading 
     difficulties; and
       ``(B) shall include research that--
       ``(i) employs systematic, empirical methods that draw on 
     observation or experiment;
       ``(ii) involves rigorous data analyses that are adequate to 
     test the stated hypotheses and justify the general 
     conclusions drawn;
       ``(iii) relies on measurements or observational methods 
     that provide valid data across evaluators and observers and 
     across multiple measurements and observations; and
       ``(iv) has been accepted by a peer-reviewed journal or 
     approved by a panel of independent experts through a 
     comparably rigorous, objective, and scientific review.

     ``SEC. 2253. READING AND LITERACY GRANTS TO STATE EDUCATIONAL 
                   AGENCIES.

       ``(a) Program Authorized.--
       ``(1) In general.--Subject to the provisions of this part, 
     the Secretary shall award grants to State educational 
     agencies to carry out the reading and literacy activities 
     authorized under this section and sections 2254 through 2256.
       ``(2) Limitations.--
       ``(A) Single grant per state.--A State educational agency 
     may not receive more than one grant under paragraph (1).
       ``(B) 3-year term.--A State educational agency that 
     receives a grant under paragraph (1) may expend the funds 
     provided under the grant only during the 3-year period 
     beginning on the date on which the grant is made.
       ``(b) Application.--
       ``(1) In general.--A State educational agency that desires 
     to receive a grant under this part shall submit an 
     application to the Secretary at such time and in such form as 
     the Secretary may require. The application shall contain the 
     information described in paragraph (2).
       ``(2) Contents.--An application under this subsection shall 
     contain the following:
       ``(A) An assurance that the Governor of the State, in 
     consultation with the State educational agency, has 
     established a reading and literacy partnership described in 
     subsection (d), and a description of how such partnership--
       ``(i) assisted in the development of the State plan;
       ``(ii) will be involved in advising on the selection of 
     subgrantees under sections 2255 and 2256; and
       ``(iii) will assist in the oversight and evaluation of such 
     subgrantees.
       ``(B) A description of the following:
       ``(i) How the State educational agency will ensure that 
     professional development activities related to reading 
     instruction and provided under this part are--

       ``(I) coordinated with other State and local level funds 
     and used effectively to improve instructional practices for 
     reading; and

[[Page H11150]]

       ``(II) based on scientifically based reading research.

       ``(ii) How the activities assisted under this part will 
     address the needs of teachers and other instructional staff, 
     and will effectively teach students to read, in schools 
     receiving assistance under section 2255 and 2256.
       ``(iii) The extent to which the activities will prepare 
     teachers in all the major components of reading instruction 
     (including phonemic awareness, systematic phonics, fluency, 
     and reading comprehension).
       ``(iv) How the State educational agency will use technology 
     to enhance reading and literacy professional development 
     activities for teachers, as appropriate.
       ``(v) How parents can participate in literacy-related 
     activities assisted under this part to enhance their 
     children's reading.
       ``(vi) How subgrants made by the State educational agency 
     under sections 2255 and 2256 will meet the requirements of 
     this part, including how the State educational agency will 
     ensure that subgrantees will use practices based on 
     scientifically based reading research.
       ``(vii) How the State educational agency will, to the 
     extent practicable, make grants to subgrantees in both rural 
     and urban areas.
       ``(viii) The process that the State used to establish the 
     reading and literacy partnership described in subsection (d).
       ``(C) An assurance that each local educational agency to 
     which the State educational agency makes a subgrant--
       ``(i) will provide professional development for the 
     classroom teacher and other appropriate instructional staff 
     on the teaching of reading based on scientifically based 
     reading research;
       ``(ii) will provide family literacy services based on 
     programs such as the Even Start family literacy model 
     authorized under part B of title I, to enable parents to be 
     their child's first and most important teacher;
       ``(iii) will carry out programs to assist those 
     kindergarten students who are not ready for the transition to 
     first grade, particularly students experiencing difficulty 
     with reading skills; and
       ``(iv) will use supervised individuals (including tutors), 
     who have been appropriately trained using scientifically 
     based reading research, to provide additional support, before 
     school, after school, on weekends, during noninstructional 
     periods of the school day, or during the summer, for children 
     preparing to enter kindergarten and students in kindergarten 
     through grade 3 who are experiencing difficulty reading.
       ``(D) An assurance that instruction in reading will be 
     provided to children with reading difficulties who--
       ``(i) are at risk of being referred to special education 
     based on these difficulties; or
       ``(ii) have been evaluated under section 614 of the 
     Individuals with Disabilities Education Act but, in 
     accordance with section 614(b)(5) of such Act, have not been 
     identified as being a child with a disability (as defined in 
     section 602 of the such Act).
       ``(E) A description of how the State educational agency--
       ``(i) will build on, and promote coordination among, 
     literacy programs in the State (including federally funded 
     programs such as the Adult Education and Family Literacy Act 
     and the Individuals with Disabilities Education Act), in 
     order to increase the effectiveness of the programs in 
     improving reading for adults and children and to avoid 
     duplication of the efforts of the programs;
       ``(ii) will promote reading and library programs that 
     provide access to engaging reading material;
       ``(iii) will make local educational agencies described in 
     sections 2255(a)(1) and 2256(a)(1) aware of the availability 
     of subgrants under sections 2255 and 2256; and
       ``(iv) will assess and evaluate, on a regular basis, local 
     educational agency activities assisted under this part, with 
     respect to whether they have been effective in achieving the 
     purposes of this part.
       ``(F) A description of the evaluation instrument the State 
     educational agency will use for purposes of the assessments 
     and evaluations under subparagraph (E)(iv).
       ``(c) Approval of Applications.--
       ``(1) In general.--The Secretary shall approve an 
     application of a State educational agency under this section 
     only--
       ``(A) if such application meets the requirement of this 
     section; and
       ``(B) after taking into account the extent to which the 
     application furthers the purposes of this part and the 
     overall quality of the application.
       ``(2) Peer review.--
       ``(A) In general.--The Secretary, in consultation with the 
     National Institute for Literacy, shall convene a panel to 
     evaluate applications under this section. At a minimum, the 
     panel shall include--
       ``(i) representatives of the National Institute for 
     Literacy, the National Research Council of the National 
     Academy of Sciences, and the National Institute of Child 
     Health and Human Development;
       ``(ii) 3 individuals selected by the Secretary;
       ``(iii) 3 individuals selected by the National Institute 
     for Literacy;
       ``(iv) 3 individuals selected by the National Research 
     Council of the National Academy of Sciences; and
       ``(v) 3 individuals selected by the National Institute of 
     Child Health and Human Development.
       ``(B) Experts.--The panel shall include experts who are 
     competent, by virtue of their training, expertise, or 
     experience, to evaluate applications under this section, and 
     experts who provide professional development to teachers of 
     reading to children and adults, and experts who provide 
     professional development to other instructional staff, based 
     on scientifically based reading research.
       ``(C) Priority.--The panel shall recommend grant 
     applications from State educational agencies under this 
     section to the Secretary for funding or for disapproval. In 
     making such recommendations, the panel shall give priority to 
     applications from State educational agencies whose States 
     have modified, are modifying, or provide an assurance that 
     not later than 18 months after receiving a grant under this 
     section the State educational agencies will increase the 
     training and the methods of teaching reading required for 
     certification as an elementary school teacher to reflect 
     scientifically based reading research, except that nothing in 
     this Act shall be construed to establish a national system of 
     teacher certification.
       ``(D) Minimum grant amounts.--
       ``(i) States.--Each State educational agency selected to 
     receive a grant under this section shall receive an amount 
     for the grant period that is not less than $500,000.
       ``(ii) Outlying areas.--The Virgin Islands, Guam, American 
     Samoa, and the Commonwealth of the Northern Mariana Islands 
     selected to receive a grant under this section shall receive 
     an amount for the grant period that is not less than 
     $100,000.
       ``(E) Limitation.--The Republic of the Marshall Islands, 
     the Federated States of Micronesia, and the Republic of Palau 
     shall not be eligible to receive a grant under this part.
       ``(d) Reading and Literacy Partnerships.--
       ``(1) Required participants.--In order for a State 
     educational agency to receive a grant under this section, the 
     Governor of the State, in consultation with the State 
     educational agency, shall establish a reading and literacy 
     partnership consisting of at least the following 
     participants:
       ``(A) The Governor of the State.
       ``(B) The chief State school officer.
       ``(C) The chairman and the ranking member of each committee 
     of the State legislature that is responsible for education 
     policy.
       ``(D) A representative, selected jointly by the Governor 
     and the chief State school officer, of at least one local 
     educational agency that is eligible to receive a subgrant 
     under section 2255.
       ``(E) A representative, selected jointly by the Governor 
     and the chief State school officer, of a community-based 
     organization working with children to improve their reading 
     skills, particularly a community-based organization using 
     tutors and scientifically based reading research.
       ``(F) State directors of appropriate Federal or State 
     programs with a strong reading component.
       ``(G) A parent of a public or private school student or a 
     parent who educates their child or children in their home, 
     selected jointly by the Governor and the chief State school 
     officer.
       ``(H) A teacher who successfully teaches reading and an 
     instructional staff member, selected jointly by the Governor 
     and the chief State school officer.
       ``(I) A family literacy service provider selected jointly 
     by the Governor and the chief state school officer.
       ``(2) Optional participants.--A reading and literacy 
     partnership may include additional participants, who shall be 
     selected jointly by the Governor and the chief State school 
     officer, and who may include a representative of--
       ``(A) an institution of higher education operating a 
     program of teacher preparation based on scientifically based 
     reading research in the State;
       ``(B) a local educational agency;
       ``(C) a private nonprofit or for-profit eligible 
     professional development provider providing instruction based 
     on scientifically based reading research;
       ``(D) an adult education provider;
       ``(E) a volunteer organization that is involved in reading 
     programs; or
       ``(F) a school library or a public library that offers 
     reading or literacy programs for children or families.
       ``(3) Preexisting partnership.--If, before the date of the 
     enactment of the Reading Excellence Act, a State established 
     a consortium, partnership, or any other similar body, that 
     includes the Governor and the chief State school officer and 
     has, as a central part of its mission, the promotion of 
     literacy for children in their early childhood years through 
     the 3d grade and family literacy services, but that does not 
     satisfy the requirements of paragraph (1), the State may 
     elect to treat that consortium, partnership, or body as the 
     reading and literacy partnership for the State 
     notwithstanding such paragraph, and it shall be considered a 
     reading and literacy partnership for purposes of the other 
     provisions of this part.

     ``SEC. 2254. USE OF AMOUNTS BY STATE EDUCATIONAL AGENCIES.

       ``A State educational agency that receives a grant under 
     section 2253--
       ``(1) shall use not more than 5 percent of the funds made 
     available under the grant for the administrative costs of 
     carrying out this part (excluding section 2256), of which not 
     more than 2 percent may be used to carry out section 2259; 
     and
       ``(2) shall use not more than 15 percent of the funds made 
     available under the grant to solicit applications for, award, 
     and oversee the performance of, not less than one subgrant 
     pursuant to section 2256.

     ``SEC. 2255. LOCAL READING IMPROVEMENT SUBGRANTS.

       ``(a) In General.--
       ``(1) Subgrants.--A State educational agency that receives 
     a grant under section 2253 shall make subgrants, on a 
     competitive basis, to local educational agencies that 
     either--
       ``(A) have at least one school that is identified for 
     school improvement under section 1116(c) in the geographic 
     area served by the agency;
       ``(B) have the largest, or second largest, number of 
     children who are counted under section

[[Page H11151]]

     1124(c), in comparison to all other local educational 
     agencies in the State; or
       ``(C) have the highest, or second highest, school-age child 
     poverty rate, in comparison to all other local educational 
     agencies in the State.
     For purposes of subparagraph (C), the term `school-age child 
     poverty rate' means the number of children counted under 
     section 1124(c) who are living within the geographic 
     boundaries of the local educational agency, expressed as a 
     percentage of the total number of children aged 5-17 years 
     living within the geographic boundaries of the local 
     educational agency.
       ``(2) Subgrant amount.--A subgrant under this section shall 
     consist of an amount sufficient to enable the subgrant 
     recipient to operate a program for a 2-year period and may 
     not be revoked or terminated on the grounds that a school 
     ceases, during the grant period, to meet the requirements of 
     subparagraph (A), (B), or (C) of paragraph (1).
       ``(b) Applications.--A local educational agency that 
     desires to receive a subgrant under this section shall submit 
     an application to the State educational agency at such time, 
     in such manner, and including such information as the agency 
     may require. The application--
       ``(1) shall describe how the local educational agency will 
     work with schools selected by the agency to receive 
     assistance under subsection (d)(1)--
       ``(A) to select one or more programs of reading 
     instruction, developed using scientifically based reading 
     research, to improve reading instruction by all academic 
     teachers for all children in each of the schools selected by 
     the agency under such subsection and, where appropriate, for 
     their parents; and
       ``(B) to enter into an agreement with a person or entity 
     responsible for the development of each program selected 
     under subparagraph (A), or a person with experience or 
     expertise about the program and its implementation, under 
     which the person or entity agrees to work with the local 
     educational agency and the schools in connection with such 
     implementation and improvement efforts;
       ``(2) shall include an assurance that the local educational 
     agency--
       ``(A) will carry out professional development for the 
     classroom teacher and other instructional staff on the 
     teaching of reading based on scientifically based reading 
     research;
       ``(B) will provide family literacy services based on 
     programs such as the Even Start family literacy model 
     authorized under part B of title I, to enable parents to be 
     their child's first and most important teacher;
       ``(C) will carry out programs to assist those kindergarten 
     students who are not ready for the transition to first grade, 
     particularly students experiencing difficulty with reading 
     skills; and
       ``(D) will use supervised individuals (including tutors), 
     who have been appropriately trained using scientifically 
     based reading research, to provide additional support, before 
     school, after school, on weekends, during noninstructional 
     periods of the school day, or during the summer, for children 
     preparing to enter kindergarten and students in kindergarten 
     through grade 3 who are experiencing difficulty reading;
       ``(3) shall describe how the applicant will ensure that 
     funds available under this part, and funds available for 
     reading instruction for kindergarten through grade 6 from 
     other appropriate sources, are effectively coordinated, and, 
     where appropriate, integrated with funds under this Act in 
     order to improve existing activities in the areas of reading 
     instruction, professional development, program improvement, 
     parental involvement, technical assistance, and other 
     activities that can help meet the purposes of this part;
       ``(4) shall describe, if appropriate, how parents, tutors, 
     and early childhood education providers will be assisted by, 
     and participate in, literacy-related activities receiving 
     financial assistance under this part to enhance children's 
     reading fluency;
       ``(5) shall describe how the local educational agency--
       ``(A) provides instruction in reading to children with 
     reading difficulties who--
       ``(i) are at risk of being referred to special education 
     based on these difficulties; or
       ``(ii) have been evaluated under section 614 of the 
     Individuals with Disabilities Education Act but, in 
     accordance with section 614(b)(5) of such Act, have not been 
     identified as being a child with a disability (as defined in 
     section 602 of the such Act); and
       ``(B) will promote reading and library programs that 
     provide access to engaging reading material; and
       ``(6) shall include an assurance that the local educational 
     agency will make available, upon request and in an 
     understandable and uniform format, to any parent of a student 
     attending any school selected to receive assistance under 
     subsection (d)(1) in the geographic area served by the local 
     educational agency, information regarding the professional 
     qualifications of the student's classroom teacher to provide 
     instruction in reading.
       ``(c) Special Rule.--To the extent feasible, a local 
     educational agency that desires to receive a grant under this 
     section shall form a partnership with one or more community-
     based organizations of demonstrated effectiveness in early 
     childhood literacy, and reading readiness, reading 
     instruction, and reading achievement for both adults and 
     children, such as a Head Start program, family literacy 
     program, public library, or adult education program, to carry 
     out the functions described in paragraphs (1) through (6) of 
     subsection (b). In evaluating subgrant applications under 
     this section, a State educational agency shall consider 
     whether the applicant has satisfied the requirement in the 
     preceding sentence. If not, the applicant must provide 
     information on why it would not have been feasible for the 
     applicant to have done so.
       ``(d) Use of Funds.--
       ``(1) In general.--Subject to paragraph (2), a local 
     educational agency that receives a subgrant under this 
     section shall use amounts from the subgrant to carry out 
     activities to advance reform of reading instruction in any 
     school that (A) is described in subsection (a)(1)(A), (B) has 
     the largest, or second largest, number of children who are 
     counted under section 1124(c), in comparison to all other 
     schools in the local educational agency, or (C) has the 
     highest, or second highest, school-age child poverty rate (as 
     defined in the second sentence of subsection (a)(1)), in 
     comparison to all other schools in the local educational 
     agency. Such activities shall include the following:
       ``(A) Securing technical and other assistance from--
       ``(i) a program of reading instruction based on 
     scientifically based reading research;
       ``(ii) a person or entity with experience or expertise 
     about such program and its implementation, who has agreed to 
     work with the recipient in connection with its 
     implementation; or
       ``(iii) a program providing family literacy services.
       ``(B) Providing professional development activities to 
     teachers and other instructional staff (including training of 
     tutors), using scientifically based reading research and 
     purchasing of curricular and other supporting materials.
       ``(C) Promoting reading and library programs that provide 
     access to engaging reading material.
       ``(D) Providing, on a voluntary basis, training to parents 
     of children enrolled in a school selected to receive 
     assistance under subsection (d)(1) on how to help their 
     children with school work, particularly in the development of 
     reading skills. Such training may be provided directly by the 
     subgrant recipient, or through a grant or contract with 
     another person. Such training shall be consistent with 
     reading reforms taking place in the school setting. No parent 
     shall be required to participate in such training.
       ``(E) Carrying out family literacy services based on 
     programs such as the Even Start family literacy model 
     authorized under part B of title I, to enable parents to be 
     their child's first and most important teacher.
       ``(F) Providing instruction for parents of children 
     enrolled in a school selected to receive assistance under 
     subsection (d)(1), and others who volunteer to be reading 
     tutors for such children, in the instructional practices 
     based on scientifically based reading research used by the 
     applicant.
       ``(G) Programs to assist those kindergarten students 
     enrolled in a school selected to receive assistance under 
     subsection (d)(1) who are not ready for the transition to 
     first grade, particularly students experiencing difficulty 
     with reading skills.
       ``(H) Providing additional support for children preparing 
     to enter kindergarten and students in kindergarten through 
     grade 3 who are enrolled in a school selected to receive 
     assistance under subsection (d)(1), who are experiencing 
     difficulty reading, before school, after school, on weekends, 
     during noninstructional periods of the school day, or during 
     the summer, using supervised individuals (including tutors), 
     who have been appropriately trained using scientifically 
     based reading research.
       ``(I) Providing instruction in reading to children with 
     reading difficulties who--
       ``(i) are at risk of being referred to special education 
     based on these difficulties; or
       ``(ii) have been evaluated under section 614 of the 
     Individuals with Disabilities Education Act but, in 
     accordance with section 614(b)(5) of such Act, have not been 
     identified as being a child with a disability (as defined in 
     section 602 of the such Act).
       ``(J) Providing coordination of reading, library, and 
     literacy programs within the local educational agency to 
     avoid duplication and increase the effectiveness of reading, 
     library, and literacy activities.
       ``(2) Limitation on administrative expenses.--A recipient 
     of a subgrant under this section may use not more than 5 
     percent of the subgrant funds for administrative costs.
       ``(e) Training Nonrecipients.--A recipient of a subgrant 
     under this section may train, on a fee-for-service basis, 
     personnel from schools, or local educational agencies, that 
     are not a beneficiary of, or receiving, such a subgrant, in 
     the instructional practices based on scientifically based 
     reading research used by the recipient. Such a nonrecipient 
     school or agency may use funds received under title I of this 
     Act, and other appropriate Federal funds used for reading 
     instruction, to pay for such training, to the extent 
     consistent with the law under which such funds were received.

     ``SEC. 2256. TUTORIAL ASSISTANCE SUBGRANTS.

       ``(a) In General.--
       ``(1) Subgrants.--Except as provided in paragraph (4), a 
     State educational agency that receives a grant under section 
     2253 shall make at least one subgrant on a competitive basis 
     to--
       ``(A) local educational agencies that have at least one 
     school in the geographic area served by the agency that--
       ``(i) is located in an area designated as an empowerment 
     zone under part I of subchapter U of chapter 1 of the 
     Internal Revenue Code of 1986; or
       ``(ii) is located in an area designated as an enterprise 
     community under part I of subchapter U of chapter 1 of the 
     Internal Revenue Code of 1986;
       ``(B) local educational agencies that have at least one 
     school that is identified for school improvement under 
     section 1116(c) in the geographic area served by the agency;
       ``(C) local educational agencies with the largest, or 
     second largest, number of children who are counted under 
     section 1124(c), in comparison

[[Page H11152]]

     to all other local educational agencies in the State; or
       ``(D) local educational agencies with the highest, or 
     second highest, school-age child poverty rate, in comparison 
     to all other local educational agencies in the State.
     For purposes of subparagraph (D), the term `school-age child 
     poverty rate' means the number of children counted under 
     section 1124(c) who are living within the geographic 
     boundaries of the local educational agency, expressed as a 
     percentage of the total number of children aged 5-17 years 
     living within the geographic boundaries of the local 
     educational agency.
       ``(2) Notification.--
       ``(A) To local educational agencies.--A State educational 
     agency shall provide notice to all local educational agencies 
     within the State regarding the availability of the subgrants 
     under this section.
       ``(B) To providers and parents.--Not later than 30 days 
     after the date on which the State educational agency provides 
     notice under subparagraph (A), each local educational agency 
     described in paragraph (1) shall, as a condition on the 
     agency's receipt of funds made available under title I of 
     this Act, provide public notice to potential providers of 
     tutorial assistance operating in the jurisdiction of the 
     agency, and parents residing in such jurisdiction, regarding 
     the availability of the subgrants under this section.
       ``(3) Application.--A local educational agency that desires 
     to receive a subgrant under this section shall submit an 
     application to the State educational agency at such time, in 
     such manner, and including such information as the agency may 
     require. The application shall include an assurance that the 
     local educational agency will use the subgrant funds to carry 
     out the duties described in subsection (b) for children 
     enrolled in any school selected by the agency that (A) is 
     described in paragraph (1)(A), (B) is described in 
     paragraph (1)(B), (C) has the largest, or second largest, 
     number of children who are counted under section 1124(c), 
     in comparison to all other schools in the local 
     educational agency, or (D) has the highest, or second 
     highest, school-age child poverty rate (as defined in the 
     second sentence of paragraph (1)), in comparison to all 
     other schools in the local educational agency.
       ``(4) Exception.--If no local educational agency within the 
     State submits an application to receive a subgrant under this 
     section within the 6-month period beginning on the date on 
     which the State educational agency provided notice to the 
     local educational agencies regarding the availability of the 
     subgrants, the State educational agency may use funds 
     otherwise reserved under 2254(2) for the purpose of providing 
     local reading improvement subgrants under section 2255 if the 
     State educational agency certifies to the Secretary that the 
     requirements of paragraph (2) have been met and each local 
     educational agency in the State described in subparagraph (B) 
     of such paragraph has demonstrated to the State educational 
     agency that no  provider  of  tutorial  assistance  described 
     in such subparagraph requested the local educational agency 
     to submit under paragraph (3) an application for a tutorial 
     assistance subgrant.
       ``(b) Use of Funds.--
       ``(1) In general.--A local educational agency that receives 
     a subgrant under this section shall carry out, using the 
     funds provided under the subgrant, each of the duties 
     described in paragraph (2).
       ``(2) Duties.--The duties described in this paragraph are 
     the provision of tutorial assistance in reading, before 
     school, after school, on weekends, or during the summer, to 
     children who have difficulty reading, using instructional 
     practices based on scientifically based reading research, 
     through the following:
       ``(A) The creation and implementation of objective criteria 
     to determine in a uniform manner the eligibility of tutorial 
     assistance providers and tutorial assistance programs 
     desiring to provide tutorial assistance under the subgrant. 
     Such criteria shall include the following:
       ``(i) A record of effectiveness with respect to reading 
     readiness, reading instruction for children in kindergarten 
     through 3d grade, and early childhood literacy, as 
     appropriate.
       ``(ii) Location in a geographic area convenient to the 
     school or schools attended by the children who will be 
     receiving tutorial assistance.
       ``(iii) The ability to provide tutoring in reading to 
     children who have difficulty reading, using instructional 
     practices based on scientifically based reading research and 
     consistent with the reading instructional methods and content 
     used by the school the child attends.
       ``(B) The provision, to parents of a child eligible to 
     receive tutorial assistance pursuant to this section, of 
     multiple choices among tutorial assistance providers and 
     tutorial assistance programs determined to be eligible under 
     the criteria described in subparagraph (A). Such choices 
     shall include a school-based program and at least one 
     tutorial assistance program operated by a provider pursuant 
     to a contract with the local educational agency.
       ``(C) The development of procedures--
       ``(i) for the provision of information to parents of an 
     eligible child regarding such parents' choices for tutorial 
     assistance for the child;
       ``(ii) for considering children for tutorial assistance who 
     are identified under subparagraph (D) and for whom no parent 
     has selected a tutorial assistance provider or tutorial 
     assistance program that give such parents additional 
     opportunities to select a tutorial assistance provider or 
     tutorial assistance program referred to in subparagraph (B); 
     and
       ``(iii) that permit a local educational agency to recommend 
     a tutorial assistance provider or tutorial assistance program 
     in a case where a parent asks for assistance in the making of 
     such selection.
       ``(D) The development of a selection process for providing 
     tutorial assistance in accordance with this paragraph that 
     limits the provision of assistance to children identified, by 
     the school the child attends, as having difficulty reading, 
     including difficulty mastering phonemic awareness, systematic 
     phonics, fluency, and reading comprehension.
       ``(E) The development of procedures for selecting children 
     to receive tutorial assistance, to be used in cases where 
     insufficient funds are available to provide assistance with 
     respect to all children identified by a school under 
     subparagraph (D), that--
       ``(i) give priority to children who are determined, through 
     State or local reading assessments, to be most in need of 
     tutorial assistance; and
       ``(ii) give priority, in cases where children are 
     determined, through State or local reading assessments, to be 
     equally in need of tutorial assistance, based on a random 
     selection principle.
       ``(F) The development of a methodology by which payments 
     are made directly to tutorial assistance providers who are 
     identified and selected pursuant to this section and selected 
     for funding. Such methodology shall include the making of a 
     contract, consistent with State and local law, between the 
     provider and the local educational agency. Such contract 
     shall satisfy the following requirements:
       ``(i) It shall contain specific goals and timetables with 
     respect to the performance of the tutorial assistance 
     provider.
       ``(ii) It shall require the tutorial assistance provider to 
     report to the local educational agency on the provider's 
     performance in meeting such goals and timetables.
       ``(iii) It shall specify the measurement techniques that 
     will be used to evaluate the performance of the provider.
       ``(iv) It shall require the provider to meet all applicable 
     Federal, State, and local health, safety, and civil rights 
     laws.
       ``(v) It shall ensure that the tutorial assistance provided 
     under the contract is consistent with reading instruction and 
     content used by the local educational agency.
       ``(vi) It shall contain an agreement by the provider that 
     information regarding the identity of any child eligible for, 
     or enrolled in the program, will not be publicly disclosed 
     without the permission of a parent of the child.
       ``(vii) It shall include the terms of an agreement between 
     the provider and the local educational agency with respect to 
     the provider's purchase and maintenance of adequate general 
     liability insurance.
       ``(viii) It shall contain provisions with respect to the 
     making of payments to the provider by the local educational 
     agency.
       ``(G) The development of procedures under which the local 
     educational agency carrying out this paragraph--
       ``(i) will ensure oversight of the quality and 
     effectiveness of the tutorial assistance provided by each 
     tutorial assistance provider that is selected for funding;
       ``(ii) will provide for the termination of contracts with 
     ineffective and unsuccessful tutorial assistance providers 
     (as determined by the local educational agency based upon the 
     performance of the provider with respect to the goals and 
     timetables contained in the contract between the agency and 
     the provider under subparagraph (F));
       ``(iii) will provide to each parent of a child identified 
     under subparagraph (D) who requests such information for the 
     purpose of selecting a tutorial assistance provider for the 
     child, in a comprehensible format, information with respect 
     to the quality and effectiveness of the tutorial assistance 
     referred to in clause (i);
       ``(iv) will ensure that each school identifying a child 
     under subparagraph (D) will provide upon request, to a parent 
     of the child, assistance in selecting, from among the 
     tutorial assistance providers who are identified pursuant to 
     subparagraph (B) the provider who is best able to meet the 
     needs of the child;
       ``(v) will ensure that parents of a child receiving 
     tutorial assistance pursuant to this section are informed of 
     their child's progress in the tutorial program; and
       ``(vi) will ensure that it does not disclose the name of 
     any child who may be eligible for tutorial assistance 
     pursuant to this section, the name of any parent of such a 
     child, or any other personally identifiable information about 
     such a parent or child, to any tutorial assistance provider 
     (excluding the agency itself), without the prior written 
     consent of such parent.

     ``SEC. 2257. NATIONAL EVALUATION.

       ``From funds reserved under section 2260(b)(1), the 
     Secretary, through grants or contracts, shall conduct a 
     national assessment of the programs under this part. In 
     developing the criteria for the assessment, the Secretary 
     shall receive recommendations from the peer review panel 
     convened under section 2253(c)(2).

     ``SEC. 2258. INFORMATION DISSEMINATION.

       ``(a) In General.--From funds reserved under section 
     2260(b)(2), the National Institute for Literacy shall 
     disseminate information on scientifically based reading 
     research and information on subgrantee projects under section 
     2255 or 2256 that have proven effective. At a minimum, the 
     institute shall disseminate such information to all 
     recipients of Federal financial assistance under titles I and 
     VII of this Act, the Head Start Act, the Individuals with 
     Disabilities Education Act, and the Adult Education and 
     Family Literacy Act.
       ``(b) Coordination.--In carrying out this section, the 
     National Institute for Literacy--
       ``(1) shall use, to the extent practicable, information 
     networks developed and maintained through other public and 
     private persons, including the Secretary, the National Center 
     for Family Literacy, and the Readline Program;
       ``(2) shall work in conjunction with any panel convened by 
     the National Institute of Child

[[Page H11153]]

     Health and Human Development and the Secretary and any panel 
     convened by the Office of Educational Research and 
     Improvement to assess the current status of research-based 
     knowledge on reading development, including the 
     effectiveness of various approaches to teaching children 
     to read, with respect to determining the criteria by which 
     the National Institute for Literacy judges scientifically 
     based reading research and the design of strategies to 
     disseminate such information; and
       ``(3) may assist any State educational agency selected to 
     receive a grant under section 2253, and that requests such 
     assistance--
       ``(A) in determining whether applications submitted under 
     section 2253 meet the requirements of this title relating to 
     scientifically based reading research; and
       ``(B) in the development of subgrant application forms.

     ``SEC. 2259. STATE EVALUATIONS; PERFORMANCE REPORTS.

       ``(a) State Evaluations.--
       ``(1) In general.--Each State educational agency that 
     receives a grant under section 2253 shall evaluate the 
     success of the agency's subgrantees in meeting the purposes 
     of this part. At a minimum, the evaluation shall measure the 
     extent to which students who are the intended beneficiaries 
     of the subgrants made by the agency have improved their 
     reading skills.
       ``(2) Contract.--A State educational agency shall carry out 
     the evaluation under this subsection by entering into a 
     contract with an entity that conducts scientifically based 
     reading research, under which contract the entity will 
     perform the evaluation.
       ``(3) Submission.--A State educational agency shall submit 
     the findings from the evaluation under this subsection to the 
     Secretary. The Secretary shall submit a summary of the 
     findings from the evaluations under this subsection and the 
     national assessment conducted under section 2257 to the 
     appropriate committees of the Congress, including the 
     Committee on Education and the Workforce of the House of 
     Representatives and the Committee on Labor and Human 
     Resources of the Senate.
       ``(b) Performance Reports.--A State educational agency that 
     receives a grant under section 2253 shall submit performance 
     reports to the Secretary pursuant to a schedule to be 
     determined by the Secretary, but not more frequently than 
     annually. Such reports shall include--
       ``(1) with respect to subgrants under section 2255, the 
     program or programs of reading instruction, based on 
     scientifically based reading research, selected by 
     subgrantees;
       ``(2) the results of use of the evaluation referred to in 
     section 2253(b)(2)(E)(iv); and
       ``(3) a description of the subgrantees receiving funds 
     under this part.

     ``SEC. 2260. AUTHORIZATIONS OF APPROPRIATIONS; RESERVATIONS 
                   FROM APPROPRIATIONS; SUNSET.

       ``(a) Authorizations.--
       ``(1) FY 1999.--There are authorized to be appropriated to 
     carry out this part and section 1202(c) $260,000,000 for 
     fiscal year 1999.
       ``(2) FY 2000.--There are authorized to be appropriated to 
     carry out this part and section 1202(c) $260,000,000 for 
     fiscal year 2000.
       ``(b) Reservations.--From each of the amounts appropriated 
     under subsection (a) for a fiscal year, the Secretary--
       ``(1) shall reserve 1.5 percent to carry out section 
     2257(a);
       ``(2) shall reserve $5,000,000 to carry out section 2258; 
     and
       ``(3) shall reserve $10,000,000 to carry out section 
     1202(c).
       ``(c) Sunset.--Notwithstanding section 422(a) of the 
     General Education Provisions Act, this part is not subject to 
     extension under such section.''.
       (b) Conforming Amendments.--
       (1) Authorization of appropriations.--Section 2003 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6603) is amended--
       (A) in subsection (a), by striking ``title,'' and inserting 
     ``title (other than part C),''; and
       (B) in subsection (b)(3), by striking ``part C'' and 
     inserting ``part D''.
       (2) Priority for professional development in mathematics 
     and science.--Section 2206 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6646) is amended by 
     inserting ``(other than part C)'' after ``for this title'' 
     each place such term appears.
       (3) Reporting and accountability.--Section 2401 of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6701) is amended by striking ``under this part'' each place 
     such term appears and inserting ``under this title (other 
     than part C)''.
       (4) Definitions.--Section 2402 of the Elementary  and  
     Secondary  Education  Act  of  1965 (20  U.S.C.  6701)  is  
     amended  by striking ``this part--'' and inserting ``this 
     title (other than part C)--''.
       (5) General definitions.--Section 14101(10)(C) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801(10)(C)) is amended by striking ``part C'' and inserting 
     ``part D''.
       (6) Participation by private school children and 
     teachers.--Section 14503(b)(1)(B) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 8893(b)(1)(B)) is 
     amended by striking ``part C'' and inserting ``part D''.

     SUBTITLE II--AMENDMENTS TO EVEN START FAMILY LITERACY PROGRAMS

     SEC. 201. RESERVATION FOR GRANTS.

       Section 1202(c) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6362(c)) is amended to read as 
     follows:
       ``(c) Reservation for Grants.--
       ``(1) Grants authorized.--From funds reserved under section 
     2260(b)(3), the Secretary shall award grants, on a 
     competitive basis, to States to enable such States to plan 
     and implement statewide family literacy initiatives to 
     coordinate and, where appropriate, integrate existing 
     Federal, State, and local literacy resources consistent with 
     the purposes of this part. Such coordination and integration 
     shall include funds available under the Adult Education and 
     Family Literacy Act, the Head Start Act, this part, part A of 
     this title, and part A of title IV of the Social Security 
     Act.
       ``(2) Consortia.--
       ``(A) Establishment.--To receive a grant under this 
     subsection, a State shall establish a consortium of State-
     level programs under the following laws:
       ``(i) This title (other than part D).
       ``(ii) The Head Start Act.
       ``(iii) The Adult Education and Family Literacy Act.
       ``(iv) All other State-funded preschool programs and 
     programs providing literacy services to adults.
       ``(B) Plan.--To receive a grant under this subsection, the 
     consortium established by a State shall create a plan to use 
     a portion of the State's resources, derived from the programs 
     referred to in subparagraph (A), to strengthen and expand 
     family literacy services in such State.
       ``(C) Coordination with part c of title ii.--The consortium 
     shall coordinate its activities with the activities of the 
     reading and literacy partnership for the State established 
     under section 2253(d), if the State educational agency 
     receives a grant under section 2253.
       ``(3) Reading instruction.--Statewide family literacy 
     initiatives implemented under this subsection shall base 
     reading instruction on scientifically based reading research 
     (as such term is defined in section 2252).
       ``(4) Technical assistance.--The Secretary shall provide, 
     directly or through a grant or contract with an organization 
     with experience in the development and operation of 
     successful family literacy services, technical assistance to 
     States receiving a grant under this subsection.
       ``(5) Matching requirement.--The Secretary shall not make a 
     grant to a State under this subsection unless the State 
     agrees that, with respect to the costs to be incurred by the 
     eligible consortium in carrying out the activities for which 
     the grant was awarded, the State will make available non-
     Federal contributions in an amount equal to not less than the 
     Federal funds provided under the grant.''.

     SEC. 202. DEFINITIONS.

       Section 1202(e) of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 6362(e)) is amended--
       (1) by redesignating paragraphs (3) and (4) as paragraphs 
     (4) and (5), respectively; and
       (2) by inserting after paragraph (2) the following:
       ``(3) the term `family literacy services' means services 
     provided to participants on a voluntary basis that are of 
     sufficient intensity in terms of hours, and of sufficient 
     duration, to make sustainable changes in a family, and that 
     integrate all of the following activities:
       ``(A) Interactive literacy activities between parents and 
     their children.
       ``(B) Training for parents regarding how to be the primary 
     teacher for their children and full partners in the education 
     of their children.
       ``(C) Parent literacy training that leads to economic self-
     sufficiency.
       ``(D) An age-appropriate education to prepare children for 
     success in school and life experiences.

     SEC. 203. EVALUATION.

       Section 1209 of the Elementary and Secondary Education Act 
     of 1965 (20 U.S.C. 6369) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) to provide States and eligible entities receiving a 
     subgrant under this part, directly or through a grant or 
     contract with an organization with experience in the 
     development and operation of successful family literacy 
     services, technical assistance to ensure local evaluations 
     undertaken under section 1205(10) provide accurate 
     information on the effectiveness of programs assisted under 
     this part.''.

     SEC. 204. INDICATORS OF PROGRAM QUALITY.

       (a) In General.--The Elementary and Secondary Education Act 
     of 1965 is amended--
       (1) by redesignating section 1210 as section 1212; and
       (2) by inserting after section 1209 the following:

     ``SEC. 1210. INDICATORS OF PROGRAM QUALITY.

       ``Each State receiving funds under this part shall develop, 
     based on the best available research and evaluation data, 
     indicators of program quality for programs assisted under 
     this part. Such indicators shall be used to monitor, 
     evaluate, and improve such programs within the State. Such 
     indicators shall include the following:
       ``(1) With respect to eligible participants in a program 
     who are adults--
       ``(A) achievement in the areas of reading, writing, English 
     language acquisition, problem solving, and numeracy;
       ``(B) receipt of a high school diploma or a general 
     equivalency diploma;
       ``(C) entry into a postsecondary school, job retraining 
     program, or employment or career advancement, including the 
     military; and
       ``(D) such other indicators as the State may develop.
       ``(2) With respect to eligible participants in a program 
     who are children--
       ``(A) improvement in ability to read on grade level or 
     reading readiness;
       ``(B) school attendance;
       ``(C) grade retention and promotion; and
       ``(D) such other indicators as the State may develop.''.

[[Page H11154]]

       (b) State Level Activities.--Section 1203(a) of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     6363(a)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following:
       ``(3) carrying out section 1210.''.
       (c) Award of Subgrants.--Paragraphs (3) and (4) of section 
     1208(b) of the Elementary and Secondary Education Act of 1965 
     (20 U.S.C. 6368) are amended to read as follows:
       ``(3) Continuing eligibility.--In awarding subgrant funds 
     to continue a program under this part for the second, third, 
     or fourth year, the State educational agency shall evaluate 
     the program based on the indicators of program quality 
     developed by the State under section 1210. Such evaluation 
     shall take place after the conclusion of the startup period, 
     if any.
       ``(4) Insufficient progress.--The State educational agency 
     may refuse to award subgrant funds if such agency finds that 
     the eligible entity has not sufficiently improved the 
     performance of the program, as evaluated based on the 
     indicators of program quality developed by the State under 
     section 1210, after--
       ``(A) providing technical assistance to the eligible 
     entity; and
       ``(B) affording the eligible entity notice and an 
     opportunity for a hearing.''.

     SEC. 205. RESEARCH.

       The Elementary and Secondary Education Act of 1965, as 
     amended by section 204 of this Act, is further amended by 
     inserting after section 1210 the following:

     ``SEC. 1211. RESEARCH.

       ``(a) In General.--The Secretary shall carry out, through 
     grant or contract, research into the components of successful 
     family literacy services, to use--
       ``(1) to improve the quality of existing programs assisted 
     under this part or other family literacy programs carried out 
     under this Act or the Adult Education and Family Literacy 
     Act; and
       ``(2) to develop models for new programs to be carried out 
     under this Act or the Adult Education and Family Literacy 
     Act.
       ``(b) Dissemination.--The National Institute for Literacy 
     shall disseminate, pursuant to section 2258, the results of 
     the research described in subsection (a) to States and 
     recipients of subgrants under this part.''.

                         SUBTITLE III--REPEALS

     SEC. 301. REPEAL OF CERTAIN UNFUNDED EDUCATION PROGRAMS.

       (a) Community School Partnerships.--The Community School 
     Partnership Act (contained in part B of title V of the 
     Improving America's Schools Act of 1994 (20 U.S.C. 1070 note) 
     is repealed.
       (b) Educational Research, Development, Dissemination, and 
     Improvement Act of 1994.--Section 941(j) of the Educational 
     Research, Development, Dissemination, and Improvement Act of 
     1994 (20 U.S.C. 6041(j)) is repealed.
       (c) Elementary and Secondary Education Act of 1965.--The 
     following provisions are repealed:
       (1) Innovative elementary school transition projects.--
     Section 1503 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 6493).
       (2) De lugo territorial education improvement program.--
     Part H of title X of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 8221 et seq.).
       (3) Extended time for learning and longer school year.--
     Part L of title X of the Elementary and Secondary Education 
     Act of 1965 (20 U.S.C. 8351).
       (4) Territorial assistance.--Part M of title X of the 
     Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8371).
       (d) Family and Community Endeavor Schools.--The Family and 
     Community Endeavor Schools Act (42 U.S.C. 13792) is repealed.
       (e) Goals 2000: Educate America Act.--Subsections (b) and 
     (d)(1) of section 601 of the Goals 2000: Educate America Act 
     (20 U.S.C. 5951) are repealed.

            SUBTITLE IV--TECHNICAL AND CONFORMING AMENDMENTS

     SEC. 401. TECHNICAL AMENDMENTS TO THE WORKFORCE INVESTMENT 
                   ACT OF 1998.

       (1) Section 111(c) of the Workforce Investment Act of 1998 
     is amended by striking ``Chairman'' and inserting 
     ``Chairperson''.
       (2) Section 112(c)(1) of such Act is amended by striking 
     ``; and'' and inserting ``; or''.
       (3) Section 116(a)(3)(D)(ii)(I)(aa) of such Act is amended 
     by striking ``; or'' and inserting ``; and''.
       (4) Section 117 of such Act is amended--
       (A) in subsection (f)(1)(D), by striking ``State'' and 
     inserting ``Governor''; and
       (B) in subsection (i)(1)(D)(ii), by striking subclause 
     (II), and inserting the following:
       ``(II) other representatives of employees in the local area 
     (for a local area in which no employees are represented by 
     such organizations).''.
       (5) Section 134(d)(4)(F) of such Act is amended by adding 
     at the end the following:
       ``(iii) Individual training accounts.--An individual who 
     seeks training services and who is eligible pursuant to 
     subparagraph (A), may, in consultation with a case manager, 
     select an eligible provider of training services from the 
     list or identifying information for providers described in 
     clause (ii)(I). Upon such selection, the one-stop operator 
     involved shall, to the extent practicable, refer such 
     individual to the eligible provider of training services, and 
     arrange for payment for such services through an individual 
     training account.''.
       (6) Section 159 of such Act is amended--
       (A) in subsections (c)(1)(G) and (d)(4), by striking 
     ``post-secondary'' and inserting ``postsecondary''; and
       (B) in subsection (c)(3), by striking ``containing'' and 
     inserting ``containing,''.
       (7) Section 166(h)(3)(A) of such Act is amended by striking 
     ``paragraph (2)'' and inserting ``subparagraph (B)''.
       (8) Section 167(d) of such Act is amended by inserting 
     ``and section 127(b)(1)(A)(iii)'' after ``this section''.
       (9) Section 170(a)(1) of such Act is amended by striking 
     ``carry out'' and inserting ``carrying out''.
       (10) Section 170(b)(2) of such Act is amended by striking 
     ``174(b)'' and inserting ``173(b)''.
       (11) Section 171(b)(2) of such Act is amended by striking 
     ``only on a competitive'' and all that follows through the 
     period and inserting ``in accordance with generally 
     applicable Federal requirements.''.
       (12) Section 173(a)(2) of such Act is amended by striking 
     ``the Robert'' and inserting ``The Robert''.
       (13) Section 189(i)(1) of such Act is amended by striking 
     ``1997 (Public Law 104-208; 110 Stat. 3009-234)'' and 
     inserting ``1998 (Public Law 105-78; 111 Stat. 1467).
       (14) Paragraphs (2) and (3) of section 192(a) of such Act 
     are amended by striking ``), to'' and inserting ``) to''.
       (15) Section 334(b) of such Act is amended by striking 
     paragraph (2) and inserting the following:
       ``(2) Date.--The appointments of the members of the 
     Commission shall be made by February 1, 1999.''.
       (16) Section 405 of such Act is amended by striking ``et 
     seq.),'' and inserting ``et seq.)''.
       (17) Section 501(b)(1) of such Act is amended by adding at 
     the end the following: ``For purposes of this paragraph, the 
     activities and programs described in subparagraphs (A) and 
     (B) of paragraph (2) shall not be considered to be 2 or more 
     activities or programs for purposes of the unified plan. Such 
     activities or programs shall be considered to be 1 activity 
     or program.''.
       (18) Section 505 of such Act is amended--
       (A) in subsection (a), by striking ``in this Act'' and 
     inserting ``under title I, II, or III or this title''; and
       (B) in subsection (b), by striking ``under this Act'' each 
     place it appears and inserting ``under title I, II, or III or 
     this title''.
       (19) Section 506(d) of such Act is amended--
       (A) in paragraph (1), by striking ``subsection (b)'' and 
     inserting ``subsection (c)''; and
       (B) in paragraph (2)--
       (i) by inserting ``planning authorized under'' after 
     ``carry out'' each place that such appears; and
       (ii) by striking ``the purposes'' and inserting ``the 
     planning purposes''.

     SEC. 402. TECHNICAL AMENDMENTS TO THE REHABILITATION ACT OF 
                   1973.

       (a) Redesignation.--
       (1) The Rehabilitation Act of 1973 (as amended by title IV 
     of the Workforce Investment Act of 1998) is further amended 
     by redesignating sections 6 through 19 as sections 7, 8, and 
     10 through 21, respectively.
       (2) The table of contents for the Rehabilitation Act of 
     1973 (as amended by section 403 of the Workforce Investment 
     Act of 1998) is further amended by striking the items 
     relating to sections 6 through 19 and inserting the 
     following:

``Sec. 7. Definitions.
``Sec. 8. Allotment percentage.
``Sec. 10. Nonduplication.
``Sec. 11. Application of other laws.
``Sec. 12. Administration of the Act.
``Sec. 13. Reports.
``Sec. 14. Evaluation.
``Sec. 15. Information clearinghouse.
``Sec. 16. Transfer of funds.
``Sec. 17. State administration.
``Sec. 18. Review of applications.
``Sec. 19. Carryover.
``Sec. 20. Client assistance information.
``Sec. 21. Traditionally underserved populations.''.

       (b) Section Headings.--
       (1) Section 1 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``Short Title.--'' and inserting the following:

     ``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       ``(a) Short Title.--''.
       (2) Section 2 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``Findings.--'' and inserting the following:

     ``SEC. 2. FINDINGS; PURPOSE; POLICY.

       ``(a) Findings.--''.
       (3) Section 7 of such Act (as so amended and redesignated 
     in subsection (a)) is further amended by striking the section 
     heading and all that follows through ``(1) The term'' and 
     inserting the following:

     ``SEC. 7. DEFINITIONS.

       ``For the purposes of this Act:
       ``(1) Administrative costs.--The term''.
       (4) Section 19 of such Act (as so amended and redesignated 
     in subsection (a)) is further amended by striking the section 
     heading and all that follows through ``In General.--'' and 
     inserting the following:

     ``SEC. 19. CARRYOVER.

       ``(a) In General.--''.
       (5) Section 20 of such Act (as so amended and redesignated 
     in subsection (a)) is further amended by striking the section 
     heading and all that follows through ``All'' and inserting 
     the following:

     ``SEC. 20. CLIENT ASSISTANCE INFORMATION.

       ``All''.
       (6) Section 21 of such Act (as so amended and redesignated 
     in subsection (a)) is further amended by striking the section 
     heading and all that follows through ``Findings.--'' and 
     inserting the following:

[[Page H11155]]

     ``SEC. 21. TRADITIONALLY UNDERSERVED POPULATIONS.

       ``(a) Findings.--''.
       (7) Section 110 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``(a)(1) Subject'' and inserting the following:


                           ``state allotments

       ``Sec. 110. (a)(1) Subject''.
       (8) Section 111 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``(a)(1) Except'' and inserting the following:


                          ``payments to states

       ``Sec. 111. (a)(1) Except''.
       (9) Section 112 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``(a) From'' and inserting the following:


                      ``client assistance program

       ``Sec. 112. (a) From''.
       (10) Section 121 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``(a) The'' and inserting the following:


              ``vocational rehabilitation services grants

       ``Sec. 121. (a) The''.
       (11) Section 205 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``Establishment.--'' and inserting the following:

     ``SEC. 205. REHABILITATION RESEARCH ADVISORY COUNCIL.

       ``(a) Establishment.--''.
       (12) Section 621 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``It'' and inserting the following:

     ``SEC. 621. PURPOSE.

       ``It''.
       (13) Section 622 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``In General.--'' and inserting the following:

     ``SEC. 622. ALLOTMENTS.

       ``(a) In General.--''.
       (14) Section 623 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``Funds provided under this part may'' and inserting 
     the following:

     ``SEC. 623. AVAILABILITY OF SERVICES.

       ``Funds provided under this part may''.
       (15) Section 624 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``An'' and inserting the following:

     ``SEC. 624. ELIGIBILITY.

       ``An''.
       (16) Section 625 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``State Plan Supplements.--'' and inserting the 
     following:

     ``SEC. 625. STATE PLAN.

       ``(a) State Plan Supplements.--''.
       (17) Section 626 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``Each'' and inserting the following:

     ``SEC. 626. RESTRICTION.

       ``Each''.
       (18) Section 627 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``Supported Employment Services.--'' and inserting 
     the following:

     ``SEC. 627. SAVINGS PROVISION.

       ``(a) Supported Employment Services.--''.
       (19) Section 628 of such Act (as so amended) is further 
     amended by striking the section heading and all that follows 
     through ``There'' and inserting the following:

     ``SEC. 628. AUTHORIZATION OF APPROPRIATIONS.

       ``There''.
       (c) Other Amendments.--
       (1) Section 7 of such Act (as so amended and redesignated 
     in subsection (a)) is further amended--
       (A) in paragraph (2)(B), by striking ``objectives, 
     nature,'' and inserting ``nature'';
       (B) by striking paragraph (7);
       (C) in paragraph (16)(A)(iii), by striking ``client'' and 
     inserting ``eligible individual''; and
       (D) in paragraph (36)(C), by striking ``rehabilitation 
     objectives'' and inserting ``employment outcome''.
       (2) Section 10 of such Act (as so amended and redesignated 
     in subsection (a)) is further amended--
       (A) by striking ``disregarded: (1)'' and inserting the 
     following: ``disregarded--
       ``(1)'';
       (B) by striking ``(2)'' and inserting the following:
       ``(2)''; and
       (C) by striking ``No payment'' and inserting the following:
     ``No payment''.
       (3) The second and third sentences of section 21(a)(3) of 
     such Act (as so amended and redesignated in subsection (a)) 
     are further amended by striking ``are'' and inserting ``is''.
       (4) Section 101(a) of such Act (as so amended) is further 
     amended--
       (A) in paragraph (18)(C), by striking ``will be utilized'' 
     and inserting ``were utilized during the preceding year''; 
     and
       (B) in paragraph (21)(A)(i)(II)(bb), by striking 
     ``Commission'' and inserting ``commission''.
       (5) Section 102(c)(5)(F) (as so amended) is further 
     amended--
       (A) in clause (ii), by striking ``and'' at the end thereof;
       (B) in clause (iii), by striking the period and inserting 
     ``; and''; and
       (C) by adding at the end the following:
       ``(iv) not delegate the responsibility for making the final 
     decision to any officer or employee of the designated State 
     unit.''.
       (6) Section 105(b) of such Act (as so amended) is further 
     amended--
       (A) in paragraph (3)--
       (i) by striking ``Governor'' the first place it appears and 
     inserting ``Governor or, in the case of a State that, under 
     State law, vests authority for the administration of the 
     activities carried out under this Act in an entity other than 
     the Governor (such as one or more houses of the State 
     legislature or an independent board), the chief officer of 
     that entity''; and
       (ii) in the second and third sentences, by striking 
     ``Governor'' and inserting ``appointing authority'';
       (B) in paragraph (4)(A)(i), by striking ``section 
     7(20)(A)'' and inserting ``section 7(20)(B)'';
       (C) in paragraph (5)(B)--
       (i) in the subparagraph heading, by striking ``governor'' 
     and inserting ``chief executive officer''; and
       (ii) by striking ``Governor shall'' and inserting 
     ``appointing authority described in paragraph (3) shall''; 
     and
       (D) in paragraphs (6)(A)(ii) and (7)(B), by striking 
     ``Governor'' and inserting ``appointing authority described 
     in paragraph (3)''.
       (7) Section 705(b) of such Act (as so amended) is further 
     amended--
       (A) in paragraph (1)--
       (i) by striking ``Governor'' the first place it appears and 
     inserting ``Governor or, in the case of a State that, under 
     State law, vests authority for the administration of the 
     activities carried out under this Act in an entity other than 
     the Governor (such as one or more houses of the State 
     legislature or an independent board), the chief officer of 
     that entity''; and
       (ii) in the second sentence, by striking ``Governor'' and 
     inserting ``appointing authority'';
       (B) in paragraph (5)(B)--
       (i) in the subparagraph heading, by striking ``governor'' 
     and inserting ``chief executive officer''; and
       (ii) by striking ``Governor shall'' and inserting 
     ``appointing authority described in paragraph (3) shall''; 
     and
       (C) in paragraphs (6)(A)(ii) and (7)(B), by striking 
     ``Governor'' and inserting ``appointing authority described 
     in paragraph (3)''.

     SEC. 403. TECHNICAL AMENDMENTS TO OTHER ACTS.

       (a) Wagner-Peyser Act.--
       (1) In general.--Section 15 of the Wagner-Peyser Act (as 
     added by section 309 of the Workforce Investment Act of 1998) 
     is amended--
       (A) in subsection (a)(2)(A)(i), by striking ``of this 
     section'' the second place it appears; and
       (B) in subsection (e)(2)(G), by striking ``complementary'' 
     and inserting ``complementarity''.
       (2) Effective date.--The amendments made by paragraph (1) 
     take effect on July 2, 1999.
       (b) Older Americans Act of 1965.--Subparagraph (Q) of 
     section 502(b)(1) of the Older Americans Act of 1965 (42 
     U.S.C. 3056(b)91)) (as added by section 323 of the Workforce 
     Investment Act of 1998) is amended by aligning the margins of 
     the subparagraph with the margins of subparagraph (P) of such 
     section.

     SEC. 404. TECHNICAL AMENDMENTS REGARDING ADULT EDUCATION.

       (a) References to Title.--The matter preceding paragraph 
     (1) of section 203, and sections 204 and 205, of the Adult 
     Education and Family Literacy Act (20 U.S.C. 9202, 9203, and 
     9204) are each amended by striking ``this subtitle'' and 
     inserting ``this title''.
       (b) Qualifying Adult.--Section 211(d)(1) of the Adult 
     Education and Family Literacy Act (20 U.S.C. 9211(d)(1)) is 
     amended by striking ``, but less than 61 years of age''.
       (c) Levels of Performance.--Section 212(b)(3)(A)(vi) of the 
     Adult Education and Family Literacy Act (20 U.S.C. 
     9212(b)(3)(A)(vi)) is amended by striking ``136(j)'' and 
     inserting ``136(i)(1)''.
       (d) Corrections Education.--Section 225(a) of the Adult 
     Education and Family Literacy Act (20 U.S.C. 9225) is 
     amended--
       (1) in subsection (a), by striking ``or education'' and 
     inserting ``and education''; and
       (2) in subsection (c), by striking ``with'' and inserting 
     ``within''.
       (e) National Leadership Activities.--Section 243(2)(B) of 
     the Adult Education and Family Literacy Act (20 U.S.C. 
     9253(2)(B)) is amended by striking ``qualify'' and inserting 
     ``quality''.
       (f) Incentive Grants.--Section 503(a) of the Workforce 
     Investment Act of 1998 (20 U.S.C. 9273(a)) is amended by 
     striking ``expected'' and inserting ``adjusted''.

     SEC. 405. CONFORMING AMENDMENTS.

       (a) References to Section 204 of the Immigration Reform and 
     Control Act of 1986.--The table of contents for the 
     Immigration Reform and Control Act of 1986 is amended by 
     striking the item relating to section 204 of such Act.
       (b) References to Title II of Public Law 95-250.--Section 
     103 of Public Law 95-250 (16 U.S.C. 79l) is amended--
       (1) by striking the second sentence of subsection (a); and
       (2) by striking the second sentence of subsection (b).
       (c) References to Subtitle C of Title VII of the Stewart B. 
     McKinney Homeless Assistance Act.--
       (1) Table of contents relating to subtitle c of title 
     vii.--The table of contents of the Stewart B. McKinney 
     Homeless Assistance Act (42 U.S.C. 11421 et seq.) is amended 
     by striking the items relating to sections 731 through 737, 
     and sections 739 through 741, of such Act.
       (2) Title vii.--Title VII of such Act is amended by 
     inserting before section 738 the following:

             ``Subtitle C--Job Training for the Homeless''.

       (3) Title 31, united states code.--Section 6703(a) of title 
     31, United States Code, is amended--
       (A) by striking paragraph (15); and
       (B) by redesignating paragraphs (16) through (19) as 
     paragraphs (15) through (18), respectively.

[[Page H11156]]

       (d) References to Job Training Partnership Act Prior to 
     Repeal.--
       (1) Title 5, united states code.--Section 3502(d) of title 
     5, United States Code, is amended--
       (A) in paragraph (3)--
       (i) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) the appropriate State dislocated worker unit or 
     office (referred to in section 311(b)(2) of the Job Training 
     Partnership Act), or the State or entity designated by the 
     State to carry out rapid response activities under section 
     134(a)(2)(A) of the Workforce Investment Act of 1998; and''; 
     and
       (ii) in subparagraph (B)(iii), by striking ``other services 
     under the Job Training Partnership Act'' and inserting 
     ``other services under the Job Training Partnership Act or 
     under title I of the Workforce Investment Act of 1998''; and
       (B) in paragraph (4), in the second sentence, by striking 
     ``Secretary of Labor on matters relating to the Job Training 
     Partnership Act'' and inserting ``Secretary of Labor on 
     matters relating to the Job Training Partnership Act or title 
     I of the Workforce Investment Act of 1998''.
       (2) Food stamp act of 1977.--
       (A) Section 5.--Section 5(l) of the Food Stamp Act of 1977 
     (7 U.S.C. 2014(l)) is amended by striking ``Notwithstanding 
     section 142(b) of the Job Training Partnership Act (29 U.S.C. 
     1552(b)), earnings to individuals participating in on-the-job 
     training programs under section 204(b)(1)(C) or section 
     264(c)(1)(A) of the Job Training Partnership Act'' and 
     inserting ``Notwithstanding section 142(b) of the Job 
     Training Partnership Act or section 181(a)(2) of the 
     Workforce Investment Act of 1998, earnings to individuals 
     participating in on-the-job training programs under section 
     204(b)(1)(C) or 264(c)(1)(A) of the Job Training Partnership 
     Act or in on-the-job training under title I of the Workforce 
     Investment Act of 1998''.
       (B) Section 6.--Section 6 of the Food Stamp Act of 1977 (7 
     U.S.C. 2015) is amended--
       (i) in subsection (d)(4)(M), by striking ``the State public 
     employment offices and agencies operating programs under the 
     Job Training Partnership Act'' and inserting ``the State 
     public employment offices and agencies operating programs 
     under the Job Training Partnership Act or of the State public 
     employment offices and other State agencies and providers 
     carrying out activities under title I of the Workforce 
     Investment Act of 1998'';
       (ii) in subsection (e)(3), by striking subparagraph (A) and 
     inserting the following:
       ``(A) a program under the Job Training Partnership Act or 
     title I of the Workforce Investment Act of 1998;''; and
       (iii) in subsection (o)(1)(A), by striking ``Job Training 
     Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting 
     ``Job Training Partnership Act or title I of the Workforce 
     Investment Act of 1998''.
       (C) Section 17.--The second sentence of section 17(b)(2) of 
     the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended--
       (i) by striking ``to accept an offer of employment from a 
     political subdivision or a prime sponsor pursuant to the 
     Comprehensive Employment and Training Act of 1973, as amended 
     (29 U.S.C. 812),'' and inserting ``to accept an offer of 
     employment from a political subdivision or provider pursuant 
     to a program carried out under the Job Training Partnership 
     Act or title I of the Workforce Investment Act of 1998,''; 
     and
       (ii) by striking ``: Provided, That all of the political 
     subdivision's'' and all that follows and inserting ``, if all 
     of the jobs supported under the program have been made 
     available to participants in the program before the political 
     subdivision or provider providing the jobs extends an offer 
     of employment under this paragraph, and if the political 
     subdivision or provider, in employing the person, complies 
     with the requirements of Federal law that relate to the 
     program.''.
       (3) Personal responsibility and work opportunity 
     reconciliation act of 1996.--
       (A) Section 403(c)(2)(K) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1613(c)(2)(K)) is amended by striking ``Job Training 
     Partnership Act'' and inserting ``Job Training Partnership 
     Act or title I of the Workforce Investment Act of 1998''.
       (B) Section 423(d)(11) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a 
     note) is amended by striking ``Job Training Partnership Act'' 
     and inserting ``Job Training Partnership Act or title I of 
     the Workforce Investment Act of 1998''.
       (4) Immigration and nationality act.--Section 245A(h)(4)(F) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1255a(h)(4)(F)) is amended by striking ``The Job Training 
     Partnership Act.'' and inserting ``The Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998.''.
       (5) Refugee education assistance act of 1980.--Section 
     402(a)(4) of the Refugee Education Assistance Act of 1980 (8 
     U.S.C. 1522 note) is amended by striking ``the Comprehensive 
     Employment and Training Act of 1973'' and inserting ``the Job 
     Training Partnership Act or title I of the Workforce 
     Investment Act of 1998''.
       (6) National defense authorization act for fiscal year 
     1991.--Section 4003(5)(C) of the National Defense 
     Authorization Act for Fiscal Year 1991 (10 U.S.C. 2391 note) 
     is amended by inserting before the period the following: ``, 
     as in effect on the day before the date of enactment of the 
     Workforce Investment Act of 1998''.
       (7) National defense authorization act for fiscal year 
     1993.--
       (A) Section 3161.--Section 3161(c)(6) of the National 
     Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 
     7274h(c)(6)) is amended by striking subparagraph (A) and 
     inserting the following:
       ``(A) programs carried out by the Secretary of Labor under 
     the Job Training Partnership Act or title I of the Workforce 
     Investment Act of 1998;''.
       (B) Section 4461.--Section 4461(1) of the National Defense 
     Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) 
     is amended by striking ``The Job Training Partnership Act (29 
     U.S.C. 1501 et seq.).'' and inserting ``The Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998.''.
       (C) Section 4471.--Section 4471 of the National Defense 
     Authorization Act for Fiscal Year 1993 (10 U.S.C. 2501 note) 
     is amended--
       (i) in subsection (c)(2), by striking ``the State 
     dislocated'' and all that follows through ``and the chief'' 
     and inserting ``the State dislocated worker unit or office 
     referred to in section 311(b)(2) of the Job Training 
     Partnership Act, or the State or entity designated by the 
     State to carry out rapid response activities under section 
     134(a)(2)(A) of the Workforce Investment Act of 1998, and the 
     chief'';
       (ii) in subsection (d)--

       (I) in the first sentence, by striking ``for training, 
     adjustment assistance, and employment services'' and all that 
     follows through ``except where'' and inserting ``for 
     training, adjustment assistance, and employment services 
     under section 325 or 325A of the Job Training Partnership Act 
     or to participate in employment and training activities 
     carried out under title I of the Workforce Investment Act of 
     1998, except in a case in which''; and
       (II) by striking the second sentence; and

       (iii) in subsection (e), by striking ``for training,'' and 
     all that follows through ``beginning'' and inserting ``, on 
     the basis of any related reduction in funding under the 
     contract, for training, adjustment assistance, and employment 
     services under section 325 or 325A of the Job Training 
     Partnership Act or to participate in employment and training 
     activities under title I of the Workforce Investment Act of 
     1998, beginning''.
       (D) Section 4492.--Section 4492(b) of the National Defense 
     Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) 
     is amended by striking ``the Job Training Partnership Act'' 
     and inserting ``the Job Training Partnership Act or title I 
     of the Workforce Investment Act of 1998''.
       (8) National defense authorization act for fiscal year 
     1994.--Section 1333(c)(2)(B) of the National Defense 
     Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) 
     is amended by striking ``Private industry councils (as 
     described in section 102 of the Job Training Partnership Act 
     (29 U.S.C. 1512)).'' and inserting ``Private industry 
     councils as described in section 102 of the Job Training 
     Partnership Act or local workforce investment boards 
     established under section 117 of the Workforce Investment Act 
     of 1998.''.
       (9) National defense authorization act for fiscal year 
     1998.--Section 2824(c)(5) of the National Defense 
     Authorization Act for Fiscal Year 1998 (10 U.S.C. 2687 note) 
     is amended by striking ``Job Training Partnership Act'' and 
     inserting ``Job Training Partnership Act or title I of the 
     Workforce Investment Act of 1998''.
       (10) Small business act.--The fourth sentence of section 
     7(j)(13)(E) of the Small Business Act (15 U.S.C. 
     636(j)(13)(E)) is amended by striking ``the Job Training 
     Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting 
     ``the Job Training Partnership Act or title I of the 
     Workforce Investment Act of 1998''.
       (11) Employment act of 1946.--Section 4(f)(2)(B) of the 
     Employment Act of 1946 (15 U.S.C. 1022a(f)(2)(B)) is amended 
     by striking ``and include these in the annual Employment and 
     Training Report of the President required under section 
     705(a) of the Comprehensive Employment and Training Act of 
     1973 (hereinafter in this Act referred to as `CETA')'' and 
     inserting ``and prepare and submit to the President an annual 
     report containing the recommendations''.
       (12) Full employment and balanced growth act of 1978.--
       (A) Section 206.--Section 206 of the Full Employment and 
     Balanced Growth Act of 1978 (15 U.S.C. 3116) is amended--
       (i) in subsection (b)--

       (I) in the matter preceding paragraph (1), by striking 
     ``CETA'' and inserting ``the Job Training Partnership Act and 
     title I of the Workforce Investment Act of 1998''; and
       (II) in paragraph (1), by striking ``(including use of 
     section 110 of CETA when necessary)''; and

       (ii) in subsection (c)(1), by striking ``CETA'' and 
     inserting ``activities carried out under the Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998''.
       (B) Section 401.--Section 401(d) of the Full Employment and 
     Balanced Growth Act of 1978 (15 U.S.C. 3151(d)) is amended by 
     striking ``include, in the annual Employment and Training 
     Report of the President provided under section 705(a) of 
     CETA,'' and inserting ``include, in the annual report 
     referred to in section 4(f)(2)(B) of the Employment Act of 
     1946 (15 U.S.C. 1022a(f)(2)(B)),''.
       (13) Title 18, united states code.--Subsections (a), (b), 
     and (c) of section 665 of title 18, United States Code are 
     amended by striking ``the Comprehensive Employment and 
     Training Act or the Job Training Partnership Act'' and 
     inserting ``the Job Training Partnership Act or title I of 
     the Workforce Investment Act of 1998''.
       (14) Trade act of 1974.--
       (A) Section 236.--Section 236(a)(5)(B) of the Trade Act of 
     1974 (19 U.S.C. 2296(a)(5)(B)) is amended by striking 
     ``section 303 of the Job Training Partnership Act'' and 
     inserting ``section 303 of the Job Training Partnership Act 
     or title I of the Workforce Investment Act of 1998''.
       (B) Section 239.--Section 239(e) of the Trade Act of 1974 
     (19 U.S.C. 2311(e)) is amended by striking ``under title III 
     of the Job Training Partnership Act'' and inserting ``under 
     title III

[[Page H11157]]

     of the Job Training Partnership Act or title I of the 
     Workforce Investment Act of 1998''.
       (15) Higher education act of 1965.--
       (A) Section 418a.--Subsections (b)(1)(B)(ii) and (c)(1)(A) 
     of section 418A of the Higher Education Act of 1965 (20 
     U.S.C. 1070d-2) are amended by striking ``section 402 of the 
     Job Training Partnership Act'' and inserting ``section 402 of 
     the Job Training Partnership Act or section 167 of the 
     Workforce Investment Act of 1998''.
       (B) Section 480.--Section 480(b)(14) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is amended by 
     striking ``Job Training Partnership Act noneducational 
     benefits'' and inserting ``Job Training Partnership Act 
     noneducational benefits or benefits received through 
     participation in employment and training activities under 
     title I of the Workforce Investment Act of 1998''.
       (16) Department of education organization act.--Subsection 
     (a) of section 302 of the Department of Education 
     Organization Act (20 U.S.C. 3443(a)) is amended by striking 
     ``under section 303(c)(2) of the Comprehensive Employment and 
     Training Act'' and inserting ``relating to such education''.
       (17) National skill standards act of 1994.--
       (A) Section 504.--Section 504(c)(3) of the National Skill 
     Standards Act of 1994 (20 U.S.C. 5934(c)(3)) is amended by 
     striking ``the Capacity Building and Information and 
     Dissemination Network established under section 453(b) of the 
     Job Training Partnership Act (29 U.S.C. 1733(b)) and''.
       (B) Section 508.--Section 508(1) of the National Skill 
     Standards Act of 1994 (20 U.S.C. 5938(1)) is amended to read 
     as follows:
       ``(1) Community-based organization.--The term `community-
     based organization' means a private nonprofit organization 
     that is representative of a community or a significant 
     segment of a community and that has demonstrated expertise 
     and effectiveness in the field of workforce investment.''.
       (18) Elementary and secondary education act of 1965.--
       (A) Section 1205.--Section 1205(8)(B) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6365(8)(B)) is 
     amended by striking ``the Job Training Partnership Act'' and 
     inserting ``the Job Training Partnership Act and title I of 
     the Workforce Investment Act of 1998''.
       (B) Section 1414.--Section 1414(c)(8) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is 
     amended by striking ``programs under the Job Training 
     Partnership Act,'' and inserting ``programs under the Job 
     Training Partnership Act or title I of the Workforce 
     Investment Act of 1998,''.
       (C) Section 1423.--Section 1423(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6453(9)) is 
     amended by striking ``programs under the Job Training and 
     Partnership Act'' and inserting ``programs under the Job 
     Training Partnership Act or title I of the Workforce 
     Investment Act of 1998''.
       (D) Section 1425.--Section 1425(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6455(9)) is 
     amended by striking ``, such as funds under the Job Training 
     Partnership Act,'' and inserting ``, such as funds made 
     available under the Job Training Partnership Act or title I 
     of the Workforce Investment Act of 1998,''.
       (19) District of columbia school reform act of 1995.--
     Section 2604(c)(2)(B)(ii) of the District of Columbia School 
     Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-145) 
     is amended by striking ``Job Training Partnership Act (29 
     U.S.C. 1501 et seq.)'' and inserting ``Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998''.
       (20) Freedom support act.--The last sentence of section 505 
     of the FREEDOM Support Act (22 U.S.C. 5855) is amended by 
     striking ``, through the Defense Conversion'' and all that 
     follows through ``or through'' and inserting ``or through''.
       (21) Emergency jobs and unemployment assistance act of 
     1974.--
       (A) Section 204.--Section 204(b) of the Emergency Jobs and 
     Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is 
     amended by striking ``designate as an area'' and all that 
     follows and inserting ``designate as an area under this 
     section an area that is a service delivery area established 
     under section 101 of the Job Training Partnership Act (except 
     that after local workforce investment areas are designated 
     under section 116 of the Workforce Investment Act of 1998 for 
     the State involved, the corresponding local workforce 
     investment area shall be considered to be the area designated 
     under this section) or a local workforce investment area 
     designated under section 116 of the Workforce Investment Act 
     of 1998.''.
       (B) Section 223.--Section 223 of the Emergency Jobs and 
     Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is 
     amended--
       (i) in paragraph (3), by striking ``assistance provided'' 
     and all that follows and inserting ``assistance provided 
     under the Job Training Partnership Act or title I of the 
     Workforce Investment Act of 1998;''; and
       (ii) in paragraph (4), by striking ``funds provided'' and 
     all that follows and inserting ``funds provided under the Job 
     Training Partnership Act or title I of the Workforce 
     Investment Act of 1998;''.
       (22) Job training reform amendments of 1992.--Section 701 
     of the Job Training Reform Amendments of 1992 (29 U.S.C. 1501 
     note) is repealed.
       (23) Public law 98-524.--Section 7 of Public Law 98-524 (29 
     U.S.C. 1551 note) is repealed.
       (24) Veterans' benefits and programs improvement act of 
     1988.--Section 402 of the Veterans' Benefits and Programs 
     Improvement Act of 1988 (29 U.S.C. 1721 note) is amended--
       (A) in subsection (a), by striking ``title III of the Job 
     Training Partnership Act (29 U.S.C. 1651 et seq.)'' and 
     inserting ``title III of the Job Training Partnership Act or 
     title I of the Workforce Investment Act of 1998'';
       (B) in subsection (c), by striking ``Training, in 
     consultation with the office designated or created under 
     section 322(b) of the Job Training Partnership Act,'' and 
     inserting ``Training, in consultation with the unit or office 
     designated or created under section 322(b) of the Job 
     Training Partnership Act or any successor to such unit or 
     office under title I of the Workforce Investment Act of 
     1998,''; and
       (C) in subsection (d)--
       (i) in paragraph (1)(A), by striking ``part C'' and all 
     that follows through``; and'' and inserting ``part C of title 
     IV of the Job Training Partnership Act or title I of the 
     Workforce Investment Act of 1998; and''; and
       (ii) in paragraph (2), by striking ``Employment and 
     training'' and all that follows and inserting ``Employment 
     and training activities for dislocated workers under title 
     III of the Job Training Partnership Act or title I of the 
     Workforce Investment Act of 1998.''.
       (25) Veterans' job training act.--
       (A) Section 13.--Section 13(b) of the Veterans' Job 
     Training Act (29 U.S.C. 1721 note) is amended by striking 
     ``assistance under the Job Training Partnership Act (29 
     U.S.C. 1501 et seq.)'' and inserting ``assistance under the 
     Job Training Partnership Act or title I of the Workforce 
     Investment Act of 1998''.
       (B) Section 14.--Section 14(b)(3)(B)(i)(II) of the 
     Veterans' Job Training Act (29 U.S.C. 1721 note) is amended 
     by striking ``under part C of title IV of the Job Training 
     Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting 
     ``under part C of title IV the Job Training Partnership Act 
     or title I of the Workforce Investment Act of 1998''.
       (C) Section 15.--Section 15(c)(2) of the Veterans' Job 
     Training Act (29 U.S.C. 1721 note) is amended--
       (i) in the second sentence, by striking ``part C of title 
     IV of the Job Training Partnership Act (29 U.S.C. 1501 et 
     seq.)'' and inserting ``part C of title IV of the Job 
     Training Partnership Act or title I of the Workforce 
     Investment Act of 1998''; and
       (ii) in the third sentence, by striking ``title III of that 
     Act'' and inserting ``title III of the Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998''.
       (26) Worker adjustment and retraining notification act.--
     Section 3(a)(2) of the Worker Adjustment and Retraining 
     Notification Act (29 U.S.C. 2102(a)(2)) is amended by 
     striking ``to the State'' and all that follows through ``and 
     the chief'' and inserting ``to the State dislocated worker 
     unit or office (referred to in section 311(b)(2) of the Job 
     Training and Partnership Act), or the State or entity 
     designated by the State to carry out rapid response 
     activities under section 134(a)(2)(A) of the Workforce 
     Investment Act of 1998, and the chief''.
       (27) Title 31, united states code.--Section 6703(a) of 
     title 31, United States Code, is amended by striking 
     paragraph (4) and inserting the following:
       ``(4) Programs under title II or IV of the Job Training 
     Partnership Act or under title I of the Workforce Investment 
     Act of 1998.''.
       (28) Veterans' rehabilitation and education amendments of 
     1980.--Section 512 of the Veterans' Rehabilitation and 
     Education Amendments of 1980 (38 U.S.C. 4101 note) is amended 
     by striking ``the Comprehensive Employment and Training Act 
     (29 U.S.C. et seq.),'' and inserting ``the Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998,''.
       (29) Title 38, united states code.--
       (A) Section 4102a.--Section 4102A(d) of title 38, United 
     States Code, is amended by striking ``the Job Training 
     Partnership Act'' and inserting ``the Job Training 
     Partnership Act and title I of the Workforce Investment Act 
     of 1998''.
       (B) Section 4103a.--Section 4103A(c)(4) of title 38, United 
     States Code, is amended by striking ``(including part C of 
     title IV of the Job Training Partnership Act (29 U.S.C. 1501 
     et seq.))'' and inserting ``including part C of title IV of 
     the Job Training Partnership Act and title I of the Workforce 
     Investment Act of 1998''.
       (C) Section 4213.--Section 4213 of title 38, United States 
     Code, is amended by striking ``program assisted under the Job 
     Training Partnership Act (29 U.S.C. 1501 et seq.),'' and 
     inserting ``program carried out under the Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998,''.
       (30) Social security act.--Section 403(a)(5) of Social 
     Security Act (42 U.S.C. 603(a)(5)) is amended--
       (A) in subparagraph (A)(vii)(I), by striking ``(as 
     described in section 103(c) of the Job Training Partnership 
     Act)'' and inserting ``(as described in section 103(c) of the 
     Job Training Partnership Act or defined in section 101 of the 
     Workforce Investment Act of 1998)''; and
       (B) in subparagraph (D)--
       (i) in clause (ii), by striking ``means, with respect to a 
     service delivery area, the private industry council (or 
     successor entity) established for the service delivery area 
     pursuant to the Job Training Partnership Act'' and inserting 
     ``means, with respect to a service delivery area, the private 
     industry council or local workforce investment board 
     established for the service delivery area pursuant to the Job 
     Training Partnership Act or title I of the Workforce 
     Investment Area of 1998, as appropriate''; and 
       (ii) in clause (iii), by striking ``shall have the meaning 
     given such term (or the successor to such term) for purposes 
     of the Job Training Partnership Act'' and inserting ``shall 
     have the meaning given such term for purposes of the Job 
     Training Partnership Act or shall mean a local area as 
     defined in section 101 of the Workforce Investment Act of 
     1998, as appropriate''.
       (31) United states housing act.--Section 23 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437u) is amended--
       (A) in subsection (b)(2)(A), by striking ``the Job 
     Training'' and all that follows through ``or

[[Page H11158]]

     the'' and inserting ``the Job Training Partnership Act or 
     title I of the Workforce Investment Act of 1998 or the'';
       (B) in the first sentence of subsection (f)(2), by striking 
     ``programs under the'' and all that follows through ``and 
     the'' and inserting ``programs under the Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998 or the''; and
       (C) in subsection (g)--
       (i) in paragraph (2), by striking ``programs under the'' 
     and all that follows through ``and the'' and inserting 
     ``programs under the Job Training Partnership Act or title I 
     of the Workforce Investment Act of 1998 or the''; and
       (ii) in paragraph (3)(H), by striking ``program under'' and 
     all that follows through ``and any other'' and inserting 
     ``programs under the Job Training Partnership Act or title I 
     of the Workforce Investment Act of 1998 and any other''.
       (32) Housing act of 1949.--Section 504(c)(3) of the Housing 
     Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking 
     ``pursuant to'' and all that follows through ``or the'' and 
     inserting ``pursuant to the Job Training Partnership Act or 
     title I of the Workforce Investment Act of 1998 or the''.
       (33) Older americans act of 1965.--
       (A) Section 203.--Section 203 of the Older Americans Act of 
     1965 (42 U.S.C. 3013) is amended--
       (i) in subsection (a)(2), by striking the last sentence and 
     inserting the following: ``In particular, the Secretary of 
     Labor shall consult and cooperate with the Assistant 
     Secretary in carrying out the Job Training Partnership Act 
     and title I of the Workforce Investment Act of 1998.''; and
       (ii) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1) the Job Training Partnership Act or title I of the 
     Workforce Investment Act of 1998,''.
       (B) Section 502.--Section 502 of the Older Americans Act of 
     1965 (42 U.S.C. 3056) is amended--
       (i) in subsection (b)(1)(N)(i), by striking ``the Job 
     Training Partnership Act (29 U.S.C. 1501 et seq.)'' and 
     inserting ``the Job Training Partnership Act and title I of 
     the Workforce Investment Act of 1998''; and
       (ii) in subsection (e)(2)(C), by striking ``programs 
     carried out under section 124 of the Job Training Partnership 
     Act (29 U.S.C. 1534)'' and inserting ``programs carried out 
     under the Job Training Partnership Act and title I of the 
     Workforce Investment Act of 1998''.
       (C) Section 503.--Section 503(b)(1) of the Older Americans 
     Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended--
       (i) in the first sentence, by striking ``the Job Training 
     Partnership Act'' and inserting ``the Job Training 
     Partnership Act and title I of the Workforce Investment Act 
     of 1998''; and
       (ii) in the first sentence, by striking ``the Job Training 
     Partnership Act'' and inserting ``the Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998''.
       (D) Section 510.--Section 510 of the Older Americans Act of 
     1965 (42 U.S.C. 3056h) is amended by striking the matter 
     following the section heading and inserting the following:
       ``In the case of projects under this title carried out 
     jointly with programs carried out under the Job Training 
     Partnership Act, eligible individuals shall be deemed to 
     satisfy the requirements of sections 203 and 204(d)(5)(A) of 
     such Act (29 U.S.C. 1603, 1604(d)(5)(A)) that are applicable 
     to adults. In the case of projects under this title carried 
     out jointly with programs carried out under subtitle B of 
     title I of the Workforce Investment Act of 1998, eligible 
     individuals shall be deemed to satisfy the requirements of 
     section 134 of such Act.''.
       (34) Omnibus crime control and safe streets act of 1968.--
     Section 1801(b)(3) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by 
     striking ``activities carried out under part B of title IV of 
     the Job Training Partnership Act (relating to Job Corps) (29 
     U.S.C. 1691 et seq.)'' and inserting ``activities carried out 
     under part B of title IV of the Job Training Partnership Act 
     or subtitle C of title I of the Workforce Investment Act of 
     1998 (relating to Job Corps)''.
       (35) Environmental programs assistance act of 1984.--The 
     second sentence of section 2(a) of the Environmental Programs 
     Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by 
     striking ``and title IV of the Job Training Partnership Act'' 
     and inserting ``and title IV of the Job Training Partnership 
     Act or subtitle D of title I of the Workforce Investment Act 
     of 1998''.
       (36) Domestic volunteer service act of 1973.--
       (A) Section 103.--The second sentence of section 103(d) of 
     the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4953(d)) is amended to read as follows: ``Whenever feasible, 
     such efforts shall be coordinated with an appropriate private 
     industry council established under the Job Training 
     Partnership Act or local workforce investment board 
     established under section 117 of the Workforce Investment Act 
     of 1998.''.
       (B) Section 109.--Subsections (c)(2) and (d)(2) of section 
     109 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4959) is amended by striking ``administrative entities 
     designated to administer job training plans under the Job 
     Training Partnership Act'' and inserting ``administrative 
     entities designated to administer job training plans under 
     the Job Training Partnership Act and eligible providers of 
     employment and training activities under subtitle B of title 
     I of the Workforce Investment Act of 1998''.
       (37) Age discrimination act of 1975.--Section 304(c)(1) of 
     the Age Discrimination Act of 1975 (42 U.S.C. 6103(c)(1)) is 
     amended by striking ``Except with'' and all that follows 
     through ``nothing'' and inserting ``Nothing''.
       (38) Energy conservation and production act.--Section 
     414(b)(3) of the Energy Conservation and Production Act (42 
     U.S.C. 6864(b)(3)) is amended by striking ``the Comprehensive 
     Employment and Training Act of 1973'' and inserting ``the Job 
     Training Partnership Act or title I of the Workforce 
     Investment Act of 1998''.
       (39) National energy conservation policy act.--Section 233 
     of the National Energy Conservation Policy Act (42 U.S.C. 
     6873) is amended, in the matter preceding paragraph (1), by 
     striking ``the Comprehensive Employment and Training Act of 
     1973'' and inserting ``the Job Training Partnership Act or 
     title I of the Workforce Investment Act of 1998''.
       (40) Community economic development act of 1981.--Section 
     617(a)(3) of the Community Economic Development Act of 1981 
     (42 U.S.C. 9806(a)(3)) is amended by striking ``activities 
     such as those described in the Comprehensive Employment and 
     Training Act'' and inserting ``activities such as the 
     activities described in the Job Training Partnership Act or 
     title I of the Workforce Investment Act of 1998''.
       (41) Stewart b. mckinney homeless assistance act.--Section 
     103(b)(2) of the Stewart B. McKinney Homeless Assistance Act 
     (42 U.S.C. 11302(b)(2)) is amended by striking ``the Job 
     Training Partnership Act'' and inserting ``the Job Training 
     Partnership Act or title I of the Workforce Investment Act of 
     1998''.
       (42) National and community service act of 1990.--
       (A) Section 177.--Section 177(d) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12637(d)) is amended 
     to read as follows:
       ``(d) Treatment of Benefits.--Allowances, earnings, and 
     payments to individuals participating in programs that 
     receive assistance under this title shall not be considered 
     to be income for the purposes of determining eligibility for 
     and the amount of income transfer and in-kind aid furnished 
     under any Federal or federally assisted program based on 
     need, other than as provided under the Social Security Act 
     (42 U.S.C. 301 et seq.).''.
       (B) Section 198c.--Section 198C of the National and 
     Community Service Act of 1990 (42 U.S.C. 12653c) is amended--
       (i) in subsection (b)(1), by striking ``a military 
     installation described in section 325(e)(1) of the Job 
     Training Partnership Act (29 U.S.C. 1662d(e)(1)).'' and 
     inserting ``a military installation being closed or realigned 
     under--
       ``(A) the Defense Base Closure and Realignment Act of 1990 
     (part A of title XXIX of division B of Public Law 101-510; 10 
     U.S.C. 2687 note); and
       ``(B) title II of the Defense Authorization Amendments and 
     Base Closure and Realignment Act (Public Law 100-526; 10 
     U.S.C. 2687 note).''; and
       (ii) in subsection (e)(1)(B), by striking clause (iii) and 
     inserting the following:
       ``(iii) an eligible youth described in section 423 of the 
     Job Training Partnership Act or an individual described in 
     section 144 of the Workforce Investment Act of 1998.''.
       (C) Section 199l.--Section 199L(a) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12655m(a)) is 
     amended by striking ``the Job Training Partnership Act (29 
     U.S.C. 1501 et seq.)'' and inserting ``the Job Training 
     Partnership Act and title I of the Workforce Investment Act 
     of 1998''.
       (43) Cranston-gonzalez national affordable housing act.--
       (A) Section 454.--Subparagraphs (H) and (M) of subsection 
     (c)(2), and subsection (d)(7), of section 454 of the 
     Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 
     12899c) are amended by striking ``the Job Training 
     Partnership Act'' and inserting ``the Job Training 
     Partnership Act and title I of the Workforce Investment Act 
     of 1998''.
       (B) Section 456.--The first sentence of section 456(e) of 
     the Cranston-Gonzalez National Affordable Housing Act (42 
     U.S.C. 12899e(e)) is amended by inserting ``(as in effect on 
     the day before the date of enactment of the Workforce 
     Investment Act of 1998)'' after ``the Job Training 
     Partnership Act'' each place it appears.
       (44) Violent crime control and law enforcement act of 
     1994.--Section 31113(a)(4)(C) of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is 
     amended by striking ``authorized under the Job Training 
     Partnership Act (29 U.S.C. 1501 et seq.)'' and inserting 
     ``authorized under the Job Training Partnership Act or title 
     I of the Workforce Investment Act of 1998''.
       (e) Other References to Title VII of the Stewart B. 
     McKinney Homeless Assistance Act.--
       (1) Table of contents.--The table of contents of the 
     Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11421 
     et seq.) is amended by striking the items relating to title 
     VII of such Act, except the items relating to the title 
     heading, and subtitles B and C, of such title.
       (2) Title vii.--The Stewart B. McKinney Homeless Assistance 
     Act (as amended by section 199(b)(1) of the Workforce 
     Investment Act of 1998) is further amended by inserting 
     before subtitle B (relating to education for homeless 
     children and families) the following:

               ``SUBTITLE VII--EDUCATION AND TRAINING''.

       (f) References to Job Training Partnership Act Subsequent 
     to Repeal.--
       (1) Title 5, united states code.--Section 3502(d) of title 
     5, United States Code, is amended--
       (A) in paragraph (3)--
       (i) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) the State or entity designated by the State to carry 
     out rapid response activities under section 134(a)(2)(A) of 
     the Workforce Investment Act of 1998; and''; and
       (ii) in subparagraph (B)(iii), by striking ``under the Job 
     Training Partnership Act or''; and

[[Page H11159]]

       (B) in paragraph (4), in the second sentence, by striking 
     ``the Job Training Partnership Act or''.
       (2) Food stamp act of 1977.--
       (A) Section 5.--Section 5(l) of the Food Stamp Act of 1977 
     (7 U.S.C. 2014(l)) is amended by striking ``Notwithstanding 
     section 142(b) of the Job Training Partnership Act or 
     section 181(a)(2) of the Workforce Investment Act of 1998, 
     earnings to individuals participating in on-the-job 
     training programs under section 204(b)(1)(C) or 
     264(c)(1)(A) of the Job Training Partnership Act or in on-
     the-job training under title I of the Workforce Investment 
     Act of 1998'' and inserting ``Notwithstanding section 
     181(a)(2) of the Workforce Investment Act of 1998, 
     earnings to individuals participating in on-the-job 
     training under title I of the Workforce Investment Act of 
     1998''
       (B) Section 6.--Section 6 of the Food Stamp Act of 1977 (7 
     U.S.C. 2015) is amended--
       (i) in subsection (d)(4)(M), by striking ``the State public 
     employment offices and agencies operating programs under the 
     Job Training Partnership Act or of'';
       (ii) in subsection (e)(3), by striking subparagraph (A) and 
     inserting the following:
       ``(A) a program under title I of the Workforce Investment 
     Act of 1998;''; and
       (iii) in subsection (o)(1)(A), by striking ``Job Training 
     Partnership Act or''.
       (C) Section 17.--The second sentence of section 17(b)(2) of 
     the Food Stamp Act of 1977 (7 U.S.C. 2026(b)(2)) is amended 
     by striking ``the Job Training Partnership Act or''.
       (3) Personal responsibility and work opportunity 
     reconciliation act of 1996.--
       (A) Section 403(c)(2)(K) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1613(c)(2)(K)) is amended by striking ``Job Training 
     Partnership Act or''.
       (B) Section 423(d)(11) of the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1183a 
     note) is amended by striking ``Job Training Partnership Act 
     or''.
       (4) Immigration and nationality act.--Section 245A(h)(4)(F) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1255a(h)(4)(F)) is amended by striking ``The Job Training 
     Partnership Act or title'' and inserting ``Title''.
       (5) Refugee education assistance act of 1980.--Section 
     402(a)(4) of the Refugee Education Assistance Act of 1980 (8 
     U.S.C. 1522 note) is amended by striking ``the Comprehensive 
     Employment and Training Act of 1973'' and inserting ``the Job 
     Training Partnership Act or''.
       (6) National defense authorization act for fiscal year 
     1993.--
       (A) Section 3161.--Section 3161(c)(6) of the National 
     Defense Authorization Act for Fiscal Year 1993 (42 U.S.C. 
     7274h(c)(6)) is amended by striking subparagraph (A) and 
     inserting the following:
       ``(A) programs carried out by the Secretary of Labor under 
     title I of the Workforce Investment Act of 1998;''.
       (B) Section 4461.--Section 4461(1) of the National Defense 
     Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) 
     is amended by striking ``The Job Training Partnership Act of 
     title'' and inserting ``Title''.
       (C) Section 4471.--Section 4471 of the National Defense 
     Authorization Act for Fiscal Year 1993 (10 U.S.C. 2501 note) 
     is amended--
       (i) in subsection (c)(2), by striking ``the State 
     dislocated worker unit or office referred to in section 
     311(b)(2) of the Job Training Partnership Act, or'';
       (ii) in subsection (d), in the first sentence, by striking 
     ``for training, adjustment assistance, and employment 
     services under section 325 or 325A of the Job Training 
     Partnership Act or''; and
       (iii) in subsection (e), by striking ``for training, 
     adjustment assistance, and employment services under section 
     325 or 325A of the Job Training Partnership Act or''.
       (D) Section 4492.--Section 4492(b) of the National Defense 
     Authorization Act for Fiscal Year 1993 (10 U.S.C. 1143 note) 
     is amended by striking ``the Job Training Partnership Act 
     or''.
       (7) National defense authorization act for fiscal year 
     1994.--Section 1333(c)(2)(B) of the National Defense 
     Authorization Act for Fiscal Year 1994 (10 U.S.C. 2701 note) 
     is amended by striking ``Private industry councils as 
     described in section 102 of the Job Training Partnership Act 
     or local'' and inserting ``local''.
       (8) National defense authorization act for fiscal year 
     1998.--Section 2824(c)(5) of the National Defense 
     Authorization Act for Fiscal Year 1998 (10 U.S.C. 2687 note) 
     is amended by striking ``Job Training Partnership Act or''.
       (9) Small business act.--The fourth sentence of section 
     7(j)(13)(E) of the Small Business Act (15 U.S.C. 
     636(j)(13)(E)) is amended by striking ``the Job Training 
     Partnership Act or''.
       (10) Full employment and balanced growth act of 1978.--
     Section 206 of the Full Employment and Balanced Growth Act of 
     1978 (15 U.S.C. 3116) is amended--
       (A) in subsection (b), in the matter preceding paragraph 
     (1), by striking ``CETA'' and inserting ``the Job Training 
     Partnership Act and''; and
       (B) in subsection (c)(1), by striking ``activities carried 
     out under the Job Training Partnership Act or''.
       (11) Trade act of 1974.--
       (A) Section 236.--Section 236(a)(5)(B) of the Trade Act of 
     1974 (19 U.S.C. 2296(a)(5)(B)) is amended by striking 
     ``section 303 of the Job Training Partnership Act or''.
       (B) Section 239.--Section 239(e) of the Trade Act of 1974 
     (19 U.S.C. 2311(e)) is amended by striking ``title III of the 
     Job Training Partnership Act or''.
       (12) Higher education act of 1965.--
       (A) Section 418a.--Subsections (b)(1)(B)(ii) and (c)(1)(A) 
     of section 418A of the Higher Education Act of 1965 (20 
     U.S.C. 1070d-2) are amended by striking ``section 402 of the 
     Job Training Partnership Act or''.
       (B) Section 480.--Section 480(b)(14) of the Higher 
     Education Act of 1965 (20 U.S.C. 1087vv(b)(14)) is amended by 
     striking ``Job Training Partnership Act noneducational 
     benefits or''.
       (13) Elementary and secondary education act of 1965.--
       (A) Section 1205.--Section 1205(8)(B) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6365(8)(B)) is 
     amended by striking ``the Job Training Partnership Act and''.
       (B) Section 1414.--Section 1414(c)(8) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6434(c)(8)) is 
     amended by striking ``the Job Training Partnership Act or''.
       (C) Section 1423.--Section 1423(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6453(9)) is 
     amended by striking ``the Job Training Partnership Act or''.
       (D) Section 1425.--Section 1425(9) of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6455(9)) is 
     amended by striking ``the Job Training Partnership Act or''.
       (14) District of columbia school reform act of 1995.--
     Section 2604(c)(2)(B)(ii) of the District of Columbia School 
     Reform Act of 1995 (Public Law 104-134; 110 Stat. 1321-145) 
     is amended by striking ``Job Training Partnership Act or''.
       (15) Emergency jobs and unemployment assistance act of 
     1974.--
       (A) Section 204.--Section 204(b) of the Emergency Jobs and 
     Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is 
     amended by striking ``service delivery area established'' and 
     all that follows through ``this section) or a''.
       (B) Section 223.--Section 223 of the Emergency Jobs and 
     Unemployment Assistance Act of 1974 (26 U.S.C. 3304 note) is 
     amended--
       (i) in paragraph (3), by striking ``the Job Training 
     Partnership Act or''; and
       (ii) in paragraph (4), by striking ``the Job Training 
     Partnership Act or''.
       (16) Veterans' benefits and programs improvement act of 
     1988.--Section 402 of the Veterans' Benefits and Programs 
     Improvement Act of 1988 (29 U.S.C. 1721 note) is amended--
       (A) in subsection (a), by striking ``title III of the Job 
     Training Partnership Act or''; and
       (B) in subsection (d)--
       (i) in paragraph (1)(A), by striking ``part C of title IV 
     of the Job Training Partnership Act or''; and
       (ii) in paragraph (2), by striking ``title III of the Job 
     Training Partnership Act or''.
       (17) Veterans' job training act.--
       (A) Section 13.--Section 13(b) of the Veterans' Job 
     Training Act (29 U.S.C. 1721 note) is amended by striking 
     ``the Job Training Partnership Act or''.
       (B) Section 14.--Section 14(b)(3)(B)(i)(II) of the 
     Veterans' Job Training Act (29 U.S.C. 1721 note) is amended 
     by striking ``part C of title IV the Job Training Partnership 
     Act or''.
       (C) Section 15.--Section 15(c)(2) of the Veterans' Job 
     Training Act (29 U.S.C. 1721 note) is amended--
       (i) in the second sentence, by striking ``part C of title 
     IV of the Job Training Partnership Act or''; and
       (ii) in the third sentence, by striking ``title III of the 
     Job Training Partnership Act or''.
       (18) Worker adjustment and retraining notification act.--
     Section 3(a)(2) of the Worker Adjustment and Retraining 
     Notification Act (29 U.S.C. 2102(a)(2)) is amended by 
     striking ``the State dislocated worker unit or office 
     (referred to in section 311(b)(2) of the Job Training and 
     Partnership Act), or''.
       (19) Title 31, united states code.--Section 6703(a) of 
     title 31, United States Code, is amended by striking 
     paragraph (4) and inserting the following:
       ``(4) Programs under title I of the Workforce Investment 
     Act of 1998.''.
       (20) Veterans' rehabilitation and education amendments of 
     1980.--Section 512 of the Veterans' Rehabilitation and 
     Education Amendments of 1980 (38 U.S.C. 4101 note) is amended 
     by striking ``the Job Training Partnership Act or''.
       (21) Title 38, united states code.--
       (A) Section 4102a.--Section 4102A(d) of title 38, United 
     States Code, is amended by striking ``the Job Training 
     Partnership Act and''.
       (B) Section 4103a.--Section 4103A(c)(4) of title 38, United 
     States Code, is amended by striking ``part C of title IV of 
     the Job Training Partnership Act and''.
       (C) Section 4213.--Section 4213 of title 38, United States 
     Code, is amended by striking ``the Job Training Partnership 
     Act or''.
       (22) Social security act.--Section 403(a)(5) of Social 
     Security Act (42 U.S.C. 603(a)(5)) is amended--
       (A) in subparagraph (A)(vii)(I), by striking ``described in 
     section 103(c) of the Job Training Partnership Act or''; and
       (B) in subparagraph (D)--
       (i) in clause (ii), by striking ``the Job Training 
     Partnership Act or''; and
       (ii) in clause (iii), by striking ``shall mean a local area 
     as defined in section 101 of the Workforce Investment Act of 
     1998, as appropriate''.
       (23) United states housing act.--Section 23 of the United 
     States Housing Act of 1937 (42 U.S.C. 1437u) is amended--
       (A) in subsection (b)(2)(A), by striking ``the Job Training 
     Partnership Act or'';
       (B) in the first sentence of subsection (f)(2), by striking 
     ``the Job Training Partnership Act or''; and
       (C) in subsection (g)--
       (i) in paragraph (2), by striking ``the Job Training 
     Partnership Act or''; and
       (ii) in paragraph (3)(H), by striking ``the Job Training 
     Partnership Act or''.
       (24) Housing act of 1949.--Section 504(c)(3) of the Housing 
     Act of 1949 (42 U.S.C. 1474(c)(3)) is amended by striking 
     ``the Job Training Partnership Act or''.

[[Page H11160]]

       (25) Older americans act of 1965.--
       (A) Section 203.--Section 203 of the Older Americans Act of 
     1965 (42 U.S.C. 3013) is amended--
       (i) in subsection (a)(2), by striking ``the Job Training 
     Partnership Act and''; and
       (ii) in subsection (b), by striking paragraph (1) and 
     inserting the following:
       ``(1) title I of the Workforce Investment Act of 1998,''.
       (B) Section 502.--Section 502 of the Older Americans Act of 
     1965 (42 U.S.C. 3056) is amended--
       (i) in subsection (b)(1)(N)(i), by striking ``the Job 
     Training Partnership Act and''; and
       (ii) in subsection (e)(2)(C), by striking ``the Job 
     Training Partnership Act and''.
       (C) Section 503.--Section 503(b)(1) of the Older Americans 
     Act of 1965 (42 U.S.C. 3056a(b)(1)) is amended--
       (i) in the first sentence, by striking ``the Job Training 
     Partnership Act and''; and
       (ii) in the first sentence, by striking ``the Job Training 
     Partnership Act or''.
       (D) Section 510.--Section 510 of the Older Americans Act of 
     1965 (42 U.S.C. 3056h) is amended by striking the matter 
     following the section heading and inserting the following:
       ``In the case of projects under this title carried out 
     jointly with programs carried out under subtitle B of title I 
     of the Workforce Investment Act of 1998, eligible individuals 
     shall be deemed to satisfy the requirements of section 134 of 
     such Act.''.
       (26) Omnibus crime control and safe streets act of 1968.--
     Section 1801(b)(3) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3796ee(b)(3)) is amended by 
     striking ``part B of title IV of the Job Training Partnership 
     Act or''.
       (27) Environmental programs assistance act of 1984.--The 
     second sentence of section 2(a) of the Environmental Programs 
     Assistance Act of 1984 (42 U.S.C. 4368a(a)) is amended by 
     striking ``title IV of the Job Training Partnership Act or''.
       (28) Domestic volunteer service act of 1973.--
       (A) Section 103.--The second sentence of section 103(d) of 
     the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4953(d)) is amended to read as follows: ``private industry 
     council established under the Job Training Partnership Act 
     or''.
       (B) Section 109.--Subsections (c)(2) and (d)(2) of section 
     109 of the Domestic Volunteer Service Act of 1973 (42 U.S.C. 
     4959) is amended by striking ``administrative entities 
     designated to administer job training plans under the Job 
     Training Partnership Act and''.
       (29) Energy conservation and production act.--Section 
     414(b)(3) of the Energy Conservation and Production Act (42 
     U.S.C. 6864(b)(3)) is amended by striking ``the Job Training 
     Partnership Act or''.
       (30) National energy conservation policy act.--Section 233 
     of the National Energy Conservation Policy Act (42 U.S.C. 
     6873) is amended, in the matter preceding paragraph (1), by 
     striking ``the Job Training Partnership Act or''.
       (31) Community economic development act of 1981.--Section 
     617(a)(3) of the Community Economic Development Act of 1981 
     (42 U.S.C. 9806(a)(3)) is amended by striking ``the Job 
     Training Partnership Act or''.
       (32) Stewart b. mckinney homeless assistance act.--Section 
     103(b)(2) of the Stewart B. McKinney Homeless Assistance Act 
     (42 U.S.C. 11302(b)(2)) is amended by striking ``the Job 
     Training Partnership Act or''.
       (33) National and community service act of 1990.--
       (A) Section 198c.--Section 198C(e)(1)(B) of the National 
     and Community Service Act of 1990 (42 U.S.C. 12653c(e)(1)(C)) 
     is amended by striking clause (iii) and inserting the 
     following:
       ``(iii) an individual described in section 144 of the 
     Workforce Investment Act of 1998.''.
       (B) Section 199l.--Section 199L(a) of the National and 
     Community Service Act of 1990 (42 U.S.C. 12655m(a)) is 
     amended by striking ``the Job Training Partnership Act and''.
       (34) Cranston-gonzalez national affordable housing act.--
     Subparagraphs (H) and (M) of subsection (c)(2), and 
     subsection (d)(7), of section 454 of the Cranston-Gonzalez 
     National Affordable Housing Act (42 U.S.C. 12899c) are 
     amended by striking ``the Job Training Partnership Act and''.
       (35) Violent crime control and law enforcement act of 
     1994.--Section 31113(a)(4)(C) of the Violent Crime Control 
     and Law Enforcement Act of 1994 (42 U.S.C. 13823(a)(4)(C)) is 
     amended by striking ``the Job Training Partnership Act or''.
       (g) Effective Dates.--
       (1) Immediately effective amendments.--The amendments made 
     by subsections (a) through (d) shall take effect on the date 
     of the enactment of this Act.
       (2) Subsequently effective amendments.--
       (A) Stewart b. mckinney homeless assistance act.--The 
     amendments made by subsection (e) shall take effect on July 
     1, 1999.
       (B) Job training partnership act.--The amendments made by 
     subsection (f) shall take effect on July 1, 2000.
       (h) References.--
       (1) In general.--Section 190 of the Workforce Investment 
     Act of 1998 is amended to read as follows:

     ``SEC. 190. REFERENCES.

       ``(a) References to Comprehensive Employment and Training 
     Act.--Except as otherwise specified, a reference in a Federal 
     law (other than a reference in a provision amended by the 
     Reading Excellence Act) to a provision of the Comprehensive 
     Employment and Training Act--
       ``(1) effective on the date of enactment of this Act, shall 
     be deemed to refer to the corresponding provision of the Job 
     Training Partnership Act or of the Workforce Investment Act 
     of 1998; and
       ``(2) effective on July 1, 2000, shall be deemed to refer 
     to the corresponding provision of the Workforce Investment 
     Act of 1998.''.
       ``(b) References to Job Training Partnership Act.--Except 
     as otherwise specified, a reference in a Federal law (other 
     than a reference in this Act or a reference in a provision 
     amended by the Reading Excellence Act) to a provision of the 
     Job Training Partnership Act--
       ``(1) effective on the date of enactment of this Act, shall 
     be deemed to refer to that provision or the corresponding 
     provision of the Workforce Investment Act of 1998; and
       ``(2) effective on July 1, 2000, shall be deemed to refer 
     to the corresponding provision of the Workforce Investment 
     Act of 1998.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if included in the Workforce Investment 
     Act of 1998.
       (3) Conforming amendment.--Section 199A of such Act is 
     amended by striking subsection (c).

     ``SUBTITLE VIII--AMENDMENT TO WORKFORCE INVESTMENT ACT OF 
                   1998.''

         Section 173 of the Workforce Investment Act of 1998 (29 
     U.S.C. 2918) is amended by adding at the end the following 
     new subsection:
         ``(e) Additional Assistance.--
         ``(1) In general.--From the amount appropriated and made 
     available to carry out this section for any program year, the 
     Secretary shall use not more than $15,000,000 to make grants 
     to not more than 8 States to provide employment and training 
     activities under section 134, in accordance with subtitle B.
         ``(2) Eligible states.--The Secretary shall make a grant 
     under paragraph (1) to a State for a program year if--
         ``(A)(i) the amount of the allotment that would be made 
     to the State for the program year under the formula specified 
     in section 202(a) of the Job Training Partnership Act, as in 
     effect on July 1, 1998; is greater than
         ``(ii) the amount of the allotment that would be made to 
     the State for the program year under the formula specified in 
     section 132(b)(1)(B); and
         ``(B) the State is 1 of the 8 States with the greatest 
     quotient obtained by dividing--
         ``(i) the amount described in subparagraph (A)(i); by
         ``(ii) the amount described in subparagraph (A)(ii).
         ``(3) Amount of grants.--Subject to paragraph (1), the 
     amount of the grant made under paragraph (1) to a State for a 
     program year shall be based on the difference between--
         ``(A) the amount of the allotment that would be made to 
     the State for the program year under the formula specified in 
     section 202(a) of the Job Training Partnership Act, as in 
     effect on July 1, 1998; and
         ``(B) the amount of the allotment that would be made to 
     the State for the program year under the formula specified in 
     section 132(b)(1)(B).
         ``(4) Allocation of funds.--A State that receives a grant 
     under paragraph (1) for a program year--
         ``(A) shall allocate funds made available through the 
     grant on the basis of the formula used by the State to 
     allocate funds within the State for that program year under--
         ``(i) paragraph (2)(A) or (3) of section 133(b); or
         ``(ii) paragraph (2)(B) of section 133(b); and
         ``(B) shall use the funds in the same manner as the State 
     uses other funds allocated under the appropriate paragraph of 
     section 133(b).''.
               TITLE IX--WOMEN'S HEALTH AND CANCER RIGHTS

     SEC. 901. SHORT TITLE.

         This title may be cited as the ``Women's Health and 
     Cancer Rights Act of 1998''.

     SEC. 902. AMENDMENTS TO THE EMPLOYEE RETIREMENT INCOME 
                   SECURITY ACT OF 1974.

         (a) In General.--Subpart B of part 7 of subtitle B of 
     title I of the Employee Retirement Income Security Act of 
     1974 (29 U.S.C. 1185 et seq.) is amended by adding at the end 
     the following new section:

     ``SEC. 713. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY 
                   FOLLOWING MASTECTOMIES.

         ``(a) In General.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan, that provides medical 
     and surgical benefits with respect to a mastectomy shall 
     provide, in a case of a participant or beneficiary who is 
     receiving benefits in connection with a mastectomy and who 
     elects breast reconstruction in connection with such 
     mastectomy, coverage for--
         ``(1) reconstruction of the breast on which the 
     mastectomy has been performed;
         ``(2) surgery and reconstruction of the other breast to 
     produce a symmetrical appearance; and
         ``(3) prostheses and physical complications all stages of 
     mastectomy, including lymphedemas;
     in a manner determined in consultation with the attending 
     physician and the patient. Such coverage may be subject to 
     annual deductibles and coinsurance provisions as may be 
     deemed appropriate and as are consistent with those 
     established for other benefits under the plan or coverage. 
     Written notice of the availability of such coverage shall 
     be delivered to the participant upon enrollment and 
     annually thereafter.
         ``(b) Notice.--A group health plan, and a health 
     insurance issuer providing health insurance coverage in 
     connection with a group health plan shall provide notice to 
     each participant and beneficiary under such plan regarding 
     the coverage required by this section in accordance with 
     regulations promulgated by the Secretary. Such notice shall 
     be in writing and prominently positioned in any literature or 
     correspondence made available or distributed by the plan or 
     issuer and shall be transmitted--

[[Page H11161]]

         ``(1) in the next mailing made by the plan or issuer to 
     the participant or beneficiary;
         ``(2) as part of any yearly informational packet sent to 
     the participant or beneficiary; or
         ``(3) not later than January 1, 1999;
     whichever is earlier.
         ``(c) Prohibitions.--A group health plan, and a health 
     insurance issuer offering group health insurance coverage in 
     connection with a group health plan, may not--
         ``(1) deny to a patient eligibility, or continued 
     eligibility, to enroll or to renew coverage under the terms 
     of the plan, solely for the purpose of avoiding the 
     requirements of this section; and
         ``(2) penalize or otherwise reduce or limit the 
     reimbursement of an attending provider, or provide incentives 
     (monetary or otherwise) to an attending provider, to induce 
     such provider to provide care to an individual participant or 
     beneficiary in a manner inconsistent with this section.
         ``(d) Rule of Construction.--Nothing in this section 
     shall be construed to prevent a group health plan or a health 
     insurance issuer offering group health insurance coverage 
     from negotiating the level and type of reimbursement with a 
     provider for care provided in accordance with this section.
         ``(e) Preemption, Relation to State Laws.--
         ``(1) In general.--Nothing in this section shall be 
     construed to preempt any State law in effect on the date of 
     enactment of this section with respect to health insurance 
     coverage that requires coverage of at least the coverage of 
     reconstructive breast surgery otherwise required under this 
     section.
         ``(2) Erisa.--Nothing in this section shall be construed 
     to affect or modify the provisions of section 514 with 
     respect to group health plans.''.
         (b) Clerical Amendment.--The table of contents in section 
     1 of the Employee Retirement Income Security Act of 1974 (29 
     U.S.C. 1001 note) is amended by inserting after the item 
     relating to section 712 the following new item:

       ``Sec. 713. Required coverage reconstructive surgery 
           following mastectomies.''.
         (c) Effective Dates.--
         (1) In general.--The amendments made by this section 
     shall apply with respect to plan years beginning on or after 
     the date of enactment of this Act.
         (2) Special rule for collective bargaining agreements.--
     In the case of a group health plan maintained pursuant to 1 
     or more collective bargaining agreements between employee 
     representatives and 1 or more employers, any plan amendment 
     made pursuant to a collective bargaining agreement relating 
     to the plan which amends the plan solely to conform to any 
     requirement added by this section shall not be treated as a 
     termination of such collective bargaining agreement.

     SEC. 903. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

         (a) Group Market.--Subpart 2 of part A of title XXVII of 
     the Public Health Service Act (42 U.S.C. 300gg-4 et seq.) is 
     amended by adding at the end the following new section:

     ``SEC. 2706. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY 
                   FOLLOWING MASTECTOMIES.

         ``The provisions of section 713 of the Employee 
     Retirement Income Security Act of 1974 shall apply to group 
     health plans, and health insurance issuers providing health 
     insurance coverage in connection with group health plans, as 
     if included in this subpart.''.
         (b) Individual Market.--Subpart 3 of part B of title 
     XXVII of the Public Health Service Act (42 U.S.C. 300gg-51 et 
     seq.) is amended by adding at the end the following new 
     section:

     ``SEC. 2752. REQUIRED COVERAGE FOR RECONSTRUCTIVE SURGERY 
                   FOLLOWING MASTECTOMIES.

         ``The provisions of section 2706 shall apply to health 
     insurance coverage offered by a health insurance issuer in 
     the individual market in the same manner as they apply to 
     health insurance coverage offered by a health insurance 
     issuer in connection with a group health plan in the small or 
     large group market.''.
         (c) Effective Dates.--
         (1) Group plans.--
         (A) In general.--The amendment made by subsection (a) 
     shall apply to group health plans for plan years beginning on 
     or after the date of enactment of this Act.
         (B) Special rule for collective bargaining agreements.--
     In the case of a group health plan maintained pursuant to 1 
     or more collective bargaining agreements between employee 
     representatives and 1 or more employers, any plan amendment 
     made pursuant to a collective bargaining agreement relating 
     to the plan which amends the plan solely to conform to any 
     requirement added by the amendment made by subsection (a) 
     shall not be treated as a termination of such collective 
     bargaining agreement.
         (2) Individual plans.--The amendment made by subsection 
     (b) shall apply with respect to health insurance coverage 
     offered, sold, issued, renewed, in effect, or operated in the 
     individual market on or after the date of enactment of this 
     Act.
       This Act may be cited as the ``Department of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, 1999''.
       (g) For programs, projects or activities in the Department 
     of Transportation and Related Agencies Appropriations Act, 
     1999, provided as follows, to be effective as if it had been 
     enacted into law as the regular appropriations Act:
     AN ACT Making appropriations for the Department of 
     Transportation and related agencies for the fiscal year 
     ending September 30, 1999, and for other purposes

                                TITLE I

                      DEPARTMENT OF TRANSPORTATION

                        OFFICE OF THE SECRETARY

                   Immediate Office of the Secretary

       For necessary expenses of the Immediate Office of the 
     Secretary, $1,624,000.

                Immediate Office of the Deputy Secretary

       For necessary expenses of the Immediate Office of the 
     Deputy Secretary, $585,000.

                     Office of the General Counsel

       For necessary expenses of the Office of the General 
     Counsel, $8,750,000.

              Office of the Assistant Secretary for Policy

       For necessary expenses of the Office of the Assistant 
     Secretary for Policy, $2,808,000.

   Office of the Assistant Secretary for Aviation and International 
                                Affairs

       For necessary expenses of the Office of the Assistant 
     Secretary for Aviation and International Affairs, $7,650,300: 
     Provided, That notwithstanding any other provision of law, 
     there may be credited to this appropriation up to $1,000,000 
     in funds received in user fees.

       Office of the Assistant Secretary for Budget and Programs

       For necessary expenses of the Office of the Assistant 
     Secretary for Budget and Programs, $6,349,000, including not 
     to exceed $40,000 for allocation within the Department for 
     official reception and representation expenses as the 
     Secretary may determine.

       Office of the Assistant Secretary for Governmental Affairs

       For necessary expenses of the Office of the Assistant 
     Secretary for Governmental Affairs, $1,940,600.

          Office of the Assistant Secretary for Administration

       For necessary expenses of the Office of the Assistant 
     Secretary for Administration, $19,721,600.

                        Office of Public Affairs

       For necessary expenses of the Office of Public Affairs, 
     $1,565,500.

                         Executive Secretariat

       For necessary expenses of the Executive Secretariat, 
     $1,046,900.

                       Board of Contract Appeals

       For necessary expenses of the Board of Contract Appeals, 
     $561,100.

         Office of Small and Disadvantaged Business Utilization

       For necessary expenses of the Office of Small and 
     Disadvantaged Business Utilization, $1,020,400.

                  Office of Intelligence and Security

       For necessary expenses of the Office of Intelligence and 
     Security, $1,036,100.

                Office of the Chief Information Officer

       For necessary expenses of the Office of the Chief 
     Information Officer, $4,874,600.

                        Office of Intermodalism

       For necessary expenses of the Office of Intermodalism, 
     $956,900.

                         Office of Civil Rights

       For necessary expenses of the Office of Civil Rights, 
     $6,966,000.

           Transportation Planning, Research, and Development

       For necessary expenses for conducting transportation 
     planning, research, systems development, development 
     activities, and making grants, to remain available until 
     expended, $9,000,000.

              Transportation Administrative Service Center

       Necessary expenses for operating costs and capital outlays 
     of the Transportation Administrative Service Center, not to 
     exceed $124,124,000, shall be paid from appropriations made 
     available to the Department of Transportation: Provided, That 
     the preceding limitation shall not apply to activities 
     associated with departmental Year 2000 conversion activities: 
     Provided further, That such services shall be provided on a 
     competitive basis to entities within the Department of 
     Transportation: Provided further, That the above limitation 
     on operating expenses shall not apply to non-DOT entities: 
     Provided further, That no funds appropriated in this Act to 
     an agency of the Department shall be transferred to the 
     Transportation Administrative Service Center without the 
     approval of the agency modal administrator: Provided further, 
     That no assessments may be levied against any program, budget 
     activity, subactivity or project funded by this Act unless 
     notice of such assessments and the basis therefor are 
     presented to the House and Senate Committees on 
     Appropriations and are approved by such Committees.

                   Minority Business Resource Center

       For the cost of direct loans, $1,500,000, as authorized by 
     49 U.S.C. 332: Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974: Provided further, 
     That these funds are available to subsidize gross obligations 
     for the principal amount of direct loans not to exceed 
     $13,775,000. In addition, for administrative expenses to 
     carry out the direct loan program, $400,000.

                       Minority Business Outreach

       For necessary expenses of Minority Business Resource Center 
     outreach activities, $2,900,000, of which $2,635,000 shall 
     remain available until September 30, 2000: Provided, That 
     notwithstanding 49 U.S.C. 332, these funds may be used for 
     business opportunities related to any mode of transportation.

                              COAST GUARD

                           Operating Expenses


                     (including transfers of funds)

       For necessary expenses for the operation and maintenance of 
     the Coast Guard, not otherwise provided for; purchase of not 
     to exceed five passenger motor vehicles for replacement only; 
     payments pursuant to section 156 of Public Law 97-

[[Page H11162]]

     377, as amended (42 U.S.C. 402 note), and section 229(b) of 
     the Social Security Act (42 U.S.C. 429(b)); and recreation 
     and welfare; $2,700,000,000, of which $300,000,000 shall be 
     available for defense-related activities; and of which 
     $25,000,000 shall be derived from the Oil Spill Liability 
     Trust Fund: Provided, That none of the funds appropriated in 
     this or any other Act shall be available for pay or 
     administrative expenses in connection with shipping 
     commissioners in the United States: Provided further, That 
     none of the funds provided in this Act shall be available for 
     expenses incurred for yacht documentation under 46 U.S.C. 
     12109, except to the extent fees are collected from yacht 
     owners and credited to this appropriation: Provided further, 
     That the Commandant shall reduce both military and civilian 
     employment levels for the purpose of complying with Executive 
     Order No. 12839: Provided further, That up to $615,000 in 
     user fees collected pursuant to section 1111 of Public Law 
     104-324 shall be credited to this appropriation as offsetting 
     collections in fiscal year 1999: Provided further, That the 
     Secretary may transfer funds to this account, from Federal 
     Aviation Administration ``Operations'', not to exceed 
     $71,705,000 in total for the fiscal year, fifteen days after 
     written notification to the House and Senate Committees on 
     Appropriations, solely for the purpose of providing 
     additional funds for drug interdiction activities: Provided 
     further, That none of the funds in this Act shall be 
     available for the Coast Guard to plan, finalize, or implement 
     any regulation that would promulgate new maritime user fees 
     not specifically authorized by law after the date of 
     enactment of this Act.

              Acquisition, Construction, and Improvements


                     (including transfers of funds)

       For necessary expenses of acquisition, construction, 
     renovation, and improvement of aids to navigation, shore 
     facilities, vessels, and aircraft, including equipment 
     related thereto, $395,465,000, of which $20,000,000 shall be 
     derived from the Oil Spill Liability Trust Fund; of which 
     $219,923,000 shall be available to acquire, repair, renovate 
     or improve vessels, small boats and related equipment, to 
     remain available until September 30, 2003; $35,700,000 shall 
     be available to acquire new aircraft and increase aviation 
     capability, to remain available until September 30, 2001; 
     $36,569,000 shall be available for other equipment, to remain 
     available until September 30, 2001; $54,823,000 shall be 
     available for shore facilities and aids to navigation 
     facilities, to remain available until September 30, 2001; and 
     $48,450,000 shall be available for personnel compensation and 
     benefits and related costs, to remain available until 
     September 30, 2000: Provided, That funds received from the 
     sale of HU-25 aircraft shall be credited to this 
     appropriation for the purpose of acquiring new aircraft and 
     increasing aviation capacity: Provided further, That the 
     Commandant may dispose of surplus real property by sale or 
     lease and the proceeds shall be credited to this 
     appropriation, of which not more than $1,000,000 shall be 
     credited as offsetting collections to this account, to be 
     available for the purposes of this account: Provided further, 
     That the amount herein appropriated from the General Fund 
     shall be reduced by such amount: Provided further, That any 
     proceeds from the sale or lease of Coast Guard surplus real 
     property in excess of $1,000,000 shall be retained and remain 
     available until expended, but shall not be available for 
     obligation until October 1, 1999: Provided further, That the 
     Secretary, with funds made available under this heading, 
     acting through the Commandant, may enter into a long-term Use 
     Agreement with the City of Homer for dedicated pier space on 
     the Homer dock necessary to support Coast Guard vessels when 
     such vessels call on Homer, Alaska.

                Environmental Compliance and Restoration

       For necessary expenses to carry out the Coast Guard's 
     environmental compliance and restoration functions under 
     chapter 19 of title 14, United States Code, $21,000,000, to 
     remain available until expended.

                         Alteration of Bridges

       For necessary expenses for alteration or removal of 
     obstructive bridges, $14,000,000, to remain available until 
     expended.

                              Retired Pay

       For retired pay, including the payment of obligations 
     therefor otherwise chargeable to lapsed appropriations for 
     this purpose, and payments under the Retired Serviceman's 
     Family Protection and Survivor Benefits Plans, and for 
     payments for medical care of retired personnel and their 
     dependents under the Dependents Medical Care Act (10 U.S.C. 
     ch. 55), $684,000,000.

                            Reserve Training


                     (including transfer of funds)

       For all necessary expenses of the Coast Guard Reserve, as 
     authorized by law; maintenance and operation of facilities; 
     and supplies, equipment, and services; $69,000,000: Provided, 
     That no more than $20,000,000 of funds made available under 
     this heading may be transferred to Coast Guard ``Operating 
     expenses'' or otherwise made available to reimburse the Coast 
     Guard for financial support of the Coast Guard Reserve: 
     Provided further, That none of the funds in this Act may be 
     used by the Coast Guard to assess direct charges on the Coast 
     Guard Reserves for items or activities which were not so 
     charged during fiscal year 1997.

              Research, Development, Test, and Evaluation

       For necessary expenses, not otherwise provided for, for 
     applied scientific research, development, test, and 
     evaluation; maintenance, rehabilitation, lease and operation 
     of facilities and equipment, as authorized by law, 
     $12,000,000, to remain available until expended, of which 
     $3,500,000 shall be derived from the Oil Spill Liability 
     Trust Fund: Provided, That there may be credited to and used 
     for the purposes of this appropriation funds received from 
     State and local governments, other public authorities, 
     private sources, and foreign countries, for expenses incurred 
     for research, development, testing, and evaluation.

                    FEDERAL AVIATION ADMINISTRATION

                               Operations

       Notwithstanding any other provision of law, for necessary 
     expenses of the Federal Aviation Administration, not 
     otherwise provided for, including operations and research 
     activities related to commercial space transportation, 
     administrative expenses for research and development, 
     establishment of air navigation facilities, the operation 
     (including leasing) and maintenance of aircraft, subsidizing 
     the cost of aeronautical charts and maps sold to the public, 
     and carrying out the provisions of subchapter I of chapter 
     471 of title 49, United States Code, or other provisions of 
     law authorizing the obligation of funds for similar programs 
     of airport and airway development or improvement, lease or 
     purchase of passenger motor vehicles for replacement only, in 
     addition to amounts made available by Public Law 104-264, 
     $5,562,558,000 of which $4,112,174,000 shall be derived 
     from the Airport and Airway Trust Fund: Provided, That 
     none of the funds in this Act shall be available for the 
     Federal Aviation Administration to plan, finalize, or 
     implement any regulation that would promulgate new 
     aviation user fees not specifically authorized by law 
     after the date of enactment of this Act: Provided further, 
     That there may be credited to this appropriation funds 
     received from States, counties, municipalities, foreign 
     authorities, other public authorities, and private 
     sources, for expenses incurred in the provision of agency 
     services, including receipts for the maintenance and 
     operation of air navigation facilities, and for issuance, 
     renewal or modification of certificates, including airman, 
     aircraft, and repair station certificates, or for tests 
     related thereto, or for processing major repair or 
     alteration forms: Provided further, That of the funds 
     appropriated under this heading, $6,000,000 shall be for 
     the contract tower cost-sharing program: Provided further, 
     That funds may be used to enter into a grant agreement 
     with a nonprofit standard-setting organization to assist 
     in the development of aviation safety standards: Provided 
     further, That none of the funds in this Act shall be 
     available for new applicants for the second career 
     training program: Provided further, That none of the funds 
     in this Act shall be available for paying premium pay 
     under 5 U.S.C. 5546(a) to any Federal Aviation 
     Administration employee unless such employee actually 
     performed work during the time corresponding to such 
     premium pay: Provided further, That none of the funds in 
     this Act may be obligated or expended to operate a manned 
     auxiliary flight service station in the contiguous United 
     States: Provided further, That no more than $28,600,000 of 
     funds appropriated to the Federal Aviation Administration 
     in this Act may be used for activities conducted by, or 
     coordinated through, the Transportation Administrative 
     Service Center (TASC): Provided further, That none of the 
     funds in this Act may be used for the Federal Aviation 
     Administration to enter into a multiyear lease greater 
     than five years in length or greater than $100,000,000 in 
     value unless such lease is specifically authorized by the 
     Congress and appropriations have been provided to fully 
     cover the Federal Government's contingent liabilities: 
     Provided further, That none of the funds in this Act may 
     be used for the Federal Aviation Administration (FAA) to 
     sign a lease for satellite services related to the global 
     positioning system (GPS) wide area augmentation system 
     until the administrator of the FAA certifies in writing to 
     the House and Senate Committees on Appropriations that FAA 
     has conducted a lease versus buy analysis which indicates 
     that such lease will result in the lowest overall cost to 
     the agency.

                        Facilities and Equipment


                    (airport and airway trust fund)

       Notwithstanding any other provision of law, for necessary 
     expenses, not otherwise provided for, for acquisition, 
     establishment, and improvement by contract or purchase, and 
     hire of air navigation and experimental facilities and 
     equipment as authorized under part A of subtitle VII of title 
     49, United States Code, including initial acquisition of 
     necessary sites by lease or grant; engineering and service 
     testing, including construction of test facilities and 
     acquisition of necessary sites by lease or grant; and 
     construction and furnishing of quarters and related 
     accommodations for officers and employees of the Federal 
     Aviation Administration stationed at remote localities where 
     such accommodations are not available; and the purchase, 
     lease, or transfer of aircraft from funds available under 
     this head; to be derived from the Airport and Airway Trust 
     Fund, $1,900,000,000, of which $1,652,000,000 shall remain 
     available until September 30, 2001, and of which $248,000,000 
     shall remain available until September 30, 1999: Provided, 
     That there may be credited to this appropriation funds 
     received from States, counties, municipalities, other public 
     authorities, and private sources, for expenses incurred in 
     the establishment and modernization of air navigation 
     facilities: Provided further, That none of the funds in this 
     Act or any other Act making appropriations for fiscal year 
     1999 may be obligated for bulk explosive detection systems 
     until 30 days after the FAA Administrator certifies to the 
     House and Senate Committees on Appropriations, in writing, 
     that the major air carriers responsible for providing 
     aircraft security at Category X airports have agreed to: (1) 
     begin assuming the operation and maintenance costs of such 
     machines beginning in fiscal year 1999; and (2) substantially 
     increase the usage of such machines above the level 
     experienced as of April 1, 1998: Provided further, That none 
     of the

[[Page H11163]]

     funds provided under this heading for ``Next Generation 
     Navigation Systems'' may be obligated or expended for 
     activities related to phase two or phase three of the wide 
     area augmentation system.

                 Research, Engineering, and Development


                    (airport and airway trust fund)

       Notwithstanding any other provision of law, for necessary 
     expenses, not otherwise provided for, for research, 
     engineering, and development, as authorized under part A of 
     subtitle VII of title 49, United States Code, including 
     construction of experimental facilities and acquisition of 
     necessary sites by lease or grant, $150,000,000, to be 
     derived from the Airport and Airway Trust Fund and to remain 
     available until September 30, 2001: Provided, That there may 
     be credited to this appropriation funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources, for expenses incurred for research, 
     engineering, and development.

                       Grants-in-Aid for Airports


                (liquidation of contract authorization)

                    (airport and airway trust fund)

       Notwithstanding any other provision of law, for liquidation 
     of obligations incurred for grants-in-aid for airport 
     planning and development, and for noise compatibility 
     planning and programs as authorized under subchapter I of 
     chapter 471 and subchapter I of chapter 475 of title 49, 
     United States Code, and under other law authorizing such 
     obligations, $1,600,000,000, to be derived from the Airport 
     and Airway Trust Fund and to remain available until expended: 
     Provided, That none of the funds in this Act shall be 
     available for the planning or execution of programs the 
     obligations for which are in excess of $1,950,000,000 in 
     fiscal year 1999 for grants-in-aid for airport planning and 
     development, and noise compatibility planning and programs, 
     notwithstanding section 47117(h) of title 49, United States 
     Code: Provided further, That no more than $975,000,000 of 
     funds limited under this heading may be obligated prior to 
     the enactment of a bill extending contract authorization for 
     the Grants-in-Aid for Airports program to the third and 
     fourth quarters of fiscal year 1999.

                   Aviation Insurance Revolving Fund

       The Secretary of Transportation is hereby authorized to 
     make such expenditures and investments, within the limits of 
     funds available pursuant to 49 U.S.C. 44307, and in 
     accordance with section 104 of the Government Corporation 
     Control Act, as amended (31 U.S.C. 9104), as may be necessary 
     in carrying out the program for aviation insurance activities 
     under chapter 443 of title 49, United States Code.

                Aircraft Purchase Loan Guarantee Program

       None of the funds in this Act shall be available for 
     activities under this heading during fiscal year 1999.

                     FEDERAL HIGHWAY ADMINISTRATION

                Limitation on General Operating Expenses

       Necessary expenses for administration and operation of the 
     Federal Highway Administration not to exceed $327,413,000 
     shall be paid in accordance with law from appropriations made 
     available by this Act to the Federal Highway Administration 
     together with advances and reimbursements received by the 
     Federal Highway Administration: Provided further, That 
     $53,375,000 shall be available to carry out the functions and 
     operations of the office of motor carriers:

                          Federal-Aid Highways


                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       None of the funds in this Act shall be available for the 
     implementation or execution of programs, the obligations for 
     which are in excess of $25,511,000,000 for Federal-aid 
     highways and highway safety construction programs for fiscal 
     year 1999: Provided, That, notwithstanding any other 
     provision of law, within the $25,511,000,000 obligation 
     limitation on Federal-aid highways and highway safety 
     construction programs, not more than $200,000,000 shall be 
     available for the implementation or execution of programs for 
     Intelligent Transportation Systems (Sections 5204, 5205, 
     5206, 5207, 5208, and 5209 of Public Law 105-178) for fiscal 
     year 1999; not more than $178,150,000 shall be available for 
     the implementation or execution of programs for 
     transportation research (Sections 502, 503, 504, 506, 507, 
     and 508 of title 23, United States Code, as amended; 
     section 5505 of title 49, United States Code, as amended; 
     and section 5112 of Public Law 105-178) for fiscal year 
     1999; not more than $38,000,000 shall be available for the 
     implementation or execution of programs for Ferry Boat and 
     Ferry Terminal Facility Program (Section 1064 of the 
     Intermodal Surface Transportation Efficiency Act of 1991 
     (23 U.S.C. 129 note; 105 Stat. 2005) as amended)) for 
     fiscal year 1999; not more than $15,000,000 shall be 
     available for the implementation or execution of programs 
     for the Magnetic Levitation Transportation Technology 
     Deployment Program (Section 1218 of Public Law 105-178) 
     for fiscal year 1999, of which not to exceed $500,000 
     shall be available to the Federal Railroad Administration 
     for administrative expenses and technical assistance in 
     connection with such program; not more than $31,000,000 
     shall be available for the implementation or execution of 
     programs for the Bureau of Transportation Statistics 
     (Section 111 of title 49, United States Code) for fiscal 
     year 1999: Provided further, That notwithstanding any 
     other provision of law, within the $25,511,000,000 
     obligation limitation, $4,000,000 of the amounts made 
     available as contract authority under section 1221(e) of 
     the Transportation Equity Act for the 21st Century (Public 
     Law 105-178) shall be made available to carry out section 
     5113 of that Act: Provided further, That within the 
     $200,000,000 obligation limitation on Intelligent 
     Transportation Systems, not less than the following sums 
     shall be made available for Intelligent Transportation 
     system projects in the following specified areas:
       Amherst, Massachusetts, $1,000,000;
       Arlington County, Virginia, $750,000;
       Atlanta, Georgia, $2,000,000;
       Brandon, Vermont, $375,000;
       Buffalo, New York, $500,000;
       Centre Valley, Pennsylvania, $500,000;
       Cleveland, Ohio, $1,000,000;
       Columbus, Ohio, $1,000,000;
       Corpus Christi, Texas, $900,000;
       Dade County, Florida, $1,000,000;
       Del Rio, Texas, $1,000,000;
       Delaware River, Pennsylvania, $1,000,000;
       Fairfield, California, $1,000,000;
       Fitchburg, Massachusetts, $500,000;
       Greater metropolitan capital region, DC, $5,000,000;
       Hammond, Louisiana, $4,000,000;
       Houston, Texas, $2,000,000;
       Huntington Beach, California, $1,000,000;
       Huntsville, Alabama, $1,000,000;
       Inglewood, California, $1,500,000;
       Jackson, Mississippi, $1,000,000;
       Kansas City, Missouri, $500,000;
       Laredo, Texas, $1,000,000;
       Middlesboro, Kentucky, $3,000,000;
       Mission Viejo, California, $1,000,000;
       Mobile, Alabama, $2,500,000;
       Monroe County, New York, $400,000;
       Montgomery, Alabama, $1,250,000;
       Nashville, Tennessee, $500,000;
       New Orleans, Louisiana, $1,500,000;
       New York City, New York, $2,500,000;
       New York/Long Island, New York, $2,300,000;
       Oakland County, Michigan, $1,000,000;
       Onandaga County, New York, $400,000;
       Port Angeles, Washington, $500,000;
       Raleigh-Wake County, North Carolina, $2,000,000;
       Riverside, California, $1,000,000;
       San Francisco, California, $1,500,000;
       Scranton, Pennsylvania, $1,000,000;
       Silicon Valley, California, $1,500,000;
       Spokane, Washington, $450,000;
       Springfield, Virginia, $500,000;
       St. Louis, Missouri, $750,000;
       State of Alaska, $1,500,000;
       State of Idaho, $1,000,000;
       State of Maryland, $2,500,000;
       State of Minnesota, $7,100,000;
       State of Mississippi, $1,000,000;
       State of Missouri, $500,000;
       State of Montana, $700,000;
       State of Nevada, $575,000;
       State of New Jersey, $3,000,000;
       State of New Mexico, $1,000,000;
       State of New York, $2,500,000;
       State of North Dakota, $1,450,000;
       Commonwealth of Pennsylvania, $14,000,000;
       State of Texas, $1,000,000;
       State of Utah, $3,600,000;
       State of Washington, $2,000,000;
       State of Wisconsin, $1,500,000;
       Temucula, California, $250,000;
       Tucson, Arizona, $1,000,000;
       Volusia County, Florida, $1,000,000;
       Warren County, Virginia, $250,000;
       Wausau-Stevens Point-Wisconsin Rapids, Wisconsin, 
     $1,000,000;
       Westchester and Putnam Counties, New York, $500,000; and
       White Plains, New York, $1,000,000.

                          Federal-Aid Highways


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for carrying 
     out the provisions of title 23, U.S.C., that are attributable 
     to Federal-aid highways, including the National Scenic and 
     Recreational Highway as authorized by 23 U.S.C. 148, not 
     otherwise provided, including reimbursement for sums expended 
     pursuant to the provisions of 23 U.S.C. 308, $24,000,000,000 
     or so much thereof as may be available in and derived from 
     the Highway Trust Fund, to remain available until expended.

                      Motor Carrier Safety Grants


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out 49 U.S.C. 31102, 
     $100,000,000, to be derived from the Highway Trust Fund and 
     to remain available until expended: Provided, That none of 
     the funds in this Act shall be available for the 
     implementation or execution of programs the obligations for 
     which are in excess of $100,000,000 for ``Motor Carrier 
     Safety Grants''.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                        Operations and Research


                          (highway trust fund)

       For expenses necessary to discharge the functions of the 
     Secretary, to be derived from the Highway Trust Fund, 
     $87,400,000 for traffic and highway safety under chapter 301 
     of title 49, U.S.C., and part C of subtitle VI of title 49, 
     U.S.C., of which $58,558,000 shall remain available until 
     September 30, 2001: Provided, That none of the funds 
     appropriated by this Act may be obligated or expended to 
     plan, finalize, or implement any rulemaking to add to section 
     575.104 of title 49 of the Code of Federal Regulations any 
     requirement pertaining to a grading standard that is 
     different from the three grading standards (treadwear, 
     traction, and temperature resistance) already in effect.

                        Operations and Research


                (Liquidation of Contract authorization)

                      (Limitation on Obligations)

                          (Highway Trust Fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out the provisions of 23 
     U.S.C. 403, to remain available until expended, $72,000,000, 
     to be derived from the Highway Trust Fund: Provided,

[[Page H11164]]

     That none of the funds in this Act shall be available for the 
     planning or execution of programs the total obligations for 
     which, in fiscal year 1999, are in excess of $72,000,000 for 
     programs authorized under 23 U.S.C. 403.

                        National Driver Register


                          (highway trust fund)

       For expenses necessary to discharge the functions of the 
     Secretary with respect to the National Driver Register under 
     chapter 303 of title 49, United States Code, $2,000,000 to be 
     derived from the Highway Trust Fund, and to remain available 
     until expended.

                     Highway Traffic Safety Grants


                (liquidation of contract authorization)

                      (limitation on obligations)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out the provisions of 23 
     U.S.C. 402, 405, 410, and 411 to remain available until 
     expended, $200,000,000, to be derived from the Highway Trust 
     Fund: Provided, That none of the funds in this Act shall be 
     available for the planning or execution of programs the total 
     obligations for which, in fiscal year 1999, are in excess of 
     $200,000,000 for programs authorized under 23 U.S.C. 402, 
     405, 410, and 411 of which $150,000,000 shall be for 
     ``Highway Safety Programs'' under 23 U.S.C. 402, $10,000,000 
     shall be for ``Occupant Protection Incentive Grants'' under 
     23 U.S.C. 405, $35,000,000 shall be for ``Alcohol-Impaired 
     Driving Countermeasures Grants'' under 23 U.S.C. 410, 
     $5,000,000 shall be for the ``State Highway Safety Data 
     Grants'' under 23 U.S.C. 411: Provided further, That none of 
     these funds shall be used for construction, rehabilitation, 
     or remodeling costs, or for office furnishings and fixtures 
     for State, local, or private buildings or structures: 
     Provided further, That not to exceed $7,500,000 of the funds 
     made available for section 402, not to exceed $500,000 of the 
     funds made available for section 405, not to exceed 
     $1,750,000 of the funds made available for section 410, and 
     not to exceed $193,000 of the funds made available for 
     section 411 shall be available to NHTSA for administering 
     highway safety grants under Chapter 4 of title 23, U.S.C.: 
     Provided further, That not to exceed $500,000 of the funds 
     made available for section 410 ``Alcohol-Impaired Driving 
     Countermeasures Grants'' shall be available for technical 
     assistance to the States.

                    FEDERAL RAILROAD ADMINISTRATION

                      Office of the Administrator

       For necessary expenses of the Federal Railroad 
     Administration, not otherwise provided for, $21,215,000, of 
     which $1,784,000 shall remain available until expended: 
     Provided, That, as part of the Washington Union Station 
     transaction in which the Secretary assumed the first deed of 
     trust on the property and, where the Union Station 
     Redevelopment Corporation or any successor is obligated to 
     make payments on such deed of trust on the Secretary's 
     behalf, including payments on and after September 30, 
     1988, the Secretary is authorized to receive such payments 
     directly from the Union Station Redevelopment Corporation, 
     credit them to the appropriation charged for the first 
     deed of trust, and make payments on the first deed of 
     trust with those funds: Provided further, That such 
     additional sums as may be necessary for payment on the 
     first deed of trust may be advanced by the Administrator 
     from unobligated balances available to the Federal 
     Railroad Administration, to be reimbursed from payments 
     received from the Union Station Redevelopment Corporation.

                            Railroad Safety

       For necessary expenses in connection with railroad safety, 
     not otherwise provided for, $61,488,000, of which $3,825,000 
     shall remain available until expended: Provided, That 
     notwithstanding any other provision of law, funds 
     appropriated under this heading are available for the 
     reimbursement of out-of-state travel and per diem costs 
     incurred by employees of State governments directly 
     supporting the Federal railroad safety program, including 
     regulatory development and compliance-related activities.

                   Railroad Research and Development

       For necessary expenses for railroad research and 
     development, $22,364,000, to remain available until expended: 
     Provided, That the Secretary is authorized to sell aluminum 
     reaction rail, power rail base, and other related materials 
     located at the Transportation Technology Center, near Pueblo, 
     Colorado, and shall credit the receipts from such sale to 
     this account, notwithstanding 31 U.S.C. 3302, to remain 
     available until expended.

            Railroad Rehabilitation and Improvement Program

       The Secretary of Transportation is authorized to issue to 
     the Secretary of the Treasury notes or other obligations 
     pursuant to section 512 of the Railroad Revitalization and 
     Regulatory Reform Act of 1976 (Public Law 94-210), as 
     amended, in such amounts and at such times as may be 
     necessary to pay any amounts required pursuant to the 
     guarantee of the principal amount of obligations under 
     sections 511 through 513 of such Act, such authority to exist 
     as long as any such guaranteed obligation is outstanding: 
     Provided, That pursuant to section 502 of such Act, as 
     amended, no new direct loans or loan guarantee commitments 
     shall be made using Federal funds for the credit risk premium 
     during fiscal year 1999.

                    Next Generation High-Speed Rail

       For necessary expenses for the Next Generation High-Speed 
     Rail program as authorized under 49 United States Code 
     sections 26101 and 26102, $20,494,000, to remain available 
     until expended.

                     Alaska Railroad Rehabilitation

       To enable the Secretary of Transportation to make grants to 
     the Alaska Railroad, $10,000,000 shall be for capital 
     rehabilitation and improvements benefiting its passenger 
     operations.

                     Rhode Island Rail Development

       For the costs associated with construction of a third track 
     on the Northeast Corridor between Davisville and Central 
     Falls, Rhode Island, with sufficient clearance to accommodate 
     double stack freight cars, $5,000,000 to be matched by the 
     State of Rhode Island or its designee on a dollar-for-dollar 
     basis and to remain available until expended.

     Capital Grants to the National Railroad Passenger Corporation

       For necessary expenses of capital improvements of the 
     National Railroad Passenger Corporation as authorized by 
     U.S.C. 24104(a), $609,230,000, to remain available until 
     expended.

                     FEDERAL TRANSIT ADMINISTRATION

                        Administrative Expenses

       For necessary administrative expenses of the Federal 
     Transit Administration's programs authorized by chapter 53 of 
     title 49, United States Code, $10,800,000, to remain 
     available until expended: Provided, That no more than 
     $54,000,000 of budget authority shall be available for these 
     purposes: Provided further, That of the funds in this Act 
     available for the execution of contracts under section 
     5327(c) of title 49, United States Code, $800,000 shall be 
     transferred to the Department of Transportation Inspector 
     General for costs associated with the audit and review of new 
     fixed guideway systems.

                             Formula Grants

       For necessary expenses to carry out 49 U.S.C. 5307, 5308, 
     5310, 5311, 5327, and section 3038 of Public Law 105-178, 
     $570,000,000, to remain available until expended: Provided, 
     That no more than $2,850,000,000 of budget authority shall be 
     available for these purposes: Provided further, That 
     notwithstanding section 3008 of Public Law 105-178, the 
     $50,000,000 to carry out 49 U.S.C. 5308 shall be transferred 
     to and merged with funding provided for the replacement, 
     rehabilitation, and purchase of buses and related equipment 
     and the construction of bus-related facilities under 
     ``Federal Transit Administration, Capital investment 
     grants''.

                   University Transportation Research

       For necessary expenses to carry out 49 U.S.C. 5505, 
     $1,200,000, to remain available until expended: Provided, 
     That no more than $6,000,000 of budget authority shall be 
     available for these purposes.

                     Transit Planning and Research

       For necessary expenses to carry out 49 U.S.C. 5303, 5304, 
     5305, 5311(b)(2), 5312, 5313(a), 5314, 5315, and 5322, 
     $19,800,000, to remain available until expended: Provided, 
     That no more than $98,000,000 of budget authority shall be 
     available for these purposes: Provided further, That 
     $5,250,000 is available to provide rural transportation 
     assistance (49 U.S.C. 5311(b)(2)); $4,000,000 is available to 
     carry out programs under the National Transit Institute (49 
     U.S.C. 5315); $8,250,000 is available to carry out transit 
     cooperative research programs (49 U.S.C. 5313(a)); 
     $43,841,600 is available for metropolitan planning (49 U.S.C. 
     5303, 5304, and 5305); $9,158,400 is available for state 
     planning (49 U.S.C. 5313(b)); and $27,500,000 is available 
     for the national planning and research program (49 U.S.C. 
     5314): Provided further, That of the total budget 
     authority made available for the national planning and 
     research program, the Federal Transit Administration shall 
     provide the following amounts for the projects and 
     activities listed below:
       City of Branson, MO congestion study, $450,000;
       Skagit County, WA North Sound connecting communities 
     project, Skagit County Council of Governments, $50,000;
       Desert air quality comprehensive analysis, Las Vegas, NV, 
     $1,000,000;
       Vegetation control on rail rights-of-way survey, $250,000;
       Zinc-air battery bus technology demonstration, $1,500,000;
       North Orange-South Seminole County, FL fixed guideway 
     technology, $750,000;
       Galveston, TX fixed guideway activities, $750,000;
       Washoe County, NV transit technology, $1,250,000;
       Massachusetts Bay Transit Authority advanced electric 
     transit buses and related infrastructure, $1,500,000;
       Palm Springs, CA fuel cell buses, $1,000,000;
       Gloucester, MA intermodal technology center, $1,500,000;
       Southeastern Pennsylvania Transit Authority advanced 
     propulsion control system, $2,000,000;
       Project ACTION, $3,000,000;
       Advanced transportation and alternative fuel vehicle 
     technology consortium (CALSTART), $2,000,000;
       Rural transportation assistance program, $750,000;
       JOBLINKS, $1,000,000;
       Fleet operations, including bus rapid transit, $1,500,000;
       Northern tier community transportation, Massachusetts, 
     $500,000;
       Hennepin County community transportation, Minnesota, 
     $1,000,000; and
       Seattle, Washington livable city, $200,000.

                      Trust Fund Share of Expenses


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     obligations incurred in carrying out 49 U.S.C. 5303-5308, 
     5310-5315, 5317(b), 5322, 5327, 5334, 5505, and sections 3037 
     and 3038 of Public Law 105-178, $4,251,800,000, to remain 
     available until expended and to be derived from

[[Page H11165]]

     the Mass Transit Account of the Highway Trust Fund: Provided, 
     That $2,280,000,000 shall be paid to the Federal Transit 
     Administration's formula grants account: Provided further, 
     That $78,200,000 shall be paid to the Federal Transit 
     Administration's transit planning and research account: 
     Provided further, That $43,200,000 shall be paid to the 
     Federal Transit Administration's administrative expenses 
     account: Provided further, That $4,800,000 shall be paid to 
     the Federal Transit Administration's university 
     transportation research account: Provided further, That 
     $40,000,000 shall be paid to the Federal Transit 
     Administration's job access and reverse commute grants 
     program: Provided further, That $1,805,600,000 shall be paid 
     to the Federal Transit Administration's Capital Investment 
     Grants account.

                       Capital Investment Grants


                     (including transfer of funds)

       For necessary expenses to carry out 49 U.S.C. 5308, 5309, 
     5318, and 5327, $451,400,000, to remain available until 
     expended: Provided, That no more than $2,257,000,000 of 
     budget authority shall be available for these purposes: 
     Provided further, That notwithstanding any other provision of 
     law, there shall be available for fixed guideway 
     modernization, $902,800,000; there shall be available for the 
     replacement, rehabilitation, and purchase of buses and 
     related equipment and the construction of bus-related 
     facilities, $451,400,000, together with $50,000,000 
     transferred from ``Federal Transit Administration, Formula 
     grants'', to be available for the following projects in 
     amounts specified below:


----------------------------------------------------------------------------------------------------------------
 No.                     State                                         Project                        Conference
----------------------------------------------------------------------------------------------------------------
   1 Alaska                                     Anchorage Ship Creek intermodal facility.........   $4,300,000  
   2 Alaska                                     Fairbanks intermodal rail/bus transfer facility..    2,000,000  
   3 Alaska                                     North Slope Borough buses........................      500,000  
   4 Alaska                                     Whittier intermodal facility and pedestrian            700,000  
                                                 overpass.                                                      
   5 Alabama                                    Birmingham intermodal facility...................    2,000,000  
   6 Alabama                                    Birmingham-Jefferson County, buses...............    1,250,000  
   7 Alabama                                    Dothan Wiregrass Transit Authority demand              500,000  
                                                 response shuttle vehicles and transit facility.                
   8 Alabama                                    Huntsville, intermodal space centers.............    5,000,000  
   9 Alabama                                    Huntsville, transit facility.....................    1,000,000  
  10 Alabama                                    Jasper buses.....................................       50,000  
  11 Alabama                                    Lee-Russell Council buses........................      790,000  
  12 Alabama                                    Mobile, GM&O building............................    5,000,000  
  13 Alabama                                    Montgomery Union Station intermodal center and       5,000,000  
                                                 buses.                                                         
  14 Alabama                                    Pritchard, bus transfer facility.................      500,000  
  15 Alabama                                    Tuscaloosa, intermodal center....................    1,950,000  
  16 Alabama                                    University of North Alabama pedestrian walkways..      800,000  
  17 Arkansas                                   Arkansas Highway and Transit Department buses....      200,000  
  18 Arkansas                                   Fayetteville, University of Arkansas Transit           500,000  
                                                 System buses.                                                  
  19 Arkansas                                   Hot Springs, transportation depot and plaza......      560,000  
  20 Arkansas                                   Little Rock, Central Arkansas Transit buses......      300,000  
  21 Arkansas                                   Statewide bus needs..............................    1,500,000  
  22 Arizona                                    Phoenix bus and bus facilities...................    4,000,000  
  23 Arizona                                    Tucson alternatively fueled buses................    2,000,000  
  24 Arizona                                    Tucson intermodal facility.......................    1,000,000  
  25 California                                 Central Contra Costa County transit vans.........      200,000  
  26 California                                 Culver City, CityBus buses.......................    1,250,000  
  27 California                                 Davis, Unitrans transit maintenance facility.....      625,000  
  28 California                                 Davis/Sacramento area hydrogen bus technology          950,000  
                                                 program.                                                       
  29 California                                 Folsom multimodal facility.......................    1,000,000  
  30 California                                 Healdsburg, intermodal facility..................    1,000,000  
  31 California                                 Humboldt, intermodal facility....................    1,000,000  
  32 California                                 Huntington Beach buses...........................      200,000  
  33 California                                 I-5 corridor intermodal transit centers..........    2,500,000  
  34 California                                 Lake Tahoe intermodal transit center.............      500,000  
  35 California                                 Livermore automatic vehicle locator program......    1,000,000  
  36 California                                 Los Angeles County Metropolitan transportation       3,000,000  
                                                 authority buses.                                               
  37 California                                 Los Angeles Foothills Transit maintenance            1,000,000  
                                                 facility.                                                      
  38 California                                 Los Angeles municipal transit operators              2,500,000  
                                                 consortium.                                                    
  39 California                                 Los Angeles, Union Station Gateway Intermodal        1,250,000  
                                                 Transit Center.                                                
  40 California                                 Modesto, bus maintenance facility................    1,355,000  
  41 California                                 Monterey, Monterey-Salinas buses.................      625,000  
  42 California                                 Morongo Basin, Transit Authority bus facility....      650,000  
  43 California                                 North San Diego County transit district buses....    1,750,000  
  44 California                                 Perris, bus maintenance facility.................    1,250,000  
  45 California                                 Riverside Transit Agency buses and facilities and    1,000,000  
                                                 ITS applications.                                              
  46 California                                 Sacramento, CNG buses............................    1,250,000  
  47 California                                 San Bernardino buses.............................    1,000,000  
  48 California                                 San Diego City College multimodal center (12th       1,000,000  
                                                 Avenue/College Station).                                       
  49 California                                 San Fernando Valley smart shuttle buses..........      300,000  
  50 California                                 San Francisco, Islais Creek maintenance facility.    1,250,000  
  51 California                                 San Joaquin (Stockton) buses and bus facilities..    1,000,000  
  52 California                                 Santa Clara Valley Transportation Authority buses    1,000,000  
                                                 and bus facilities.                                            
  53 California                                 Santa Clarita transit maintenance facility.......    2,250,000  
  54 California                                 Santa Cruz metropolitan bus facilities...........      625,000  
  55 California                                 Santa Cruz transit facility......................    1,000,000  
  56 California                                 Santa Rosa/Cotati, and Rohnert Park facilities...      750,000  
  57 California                                 Santa Rosa/Cotati, intermodal transportation           750,000  
                                                 facilities.                                                    
  58 California                                 Solano Links intercity transit consortium........    1,000,000  
  59 California                                 Ukiah Transit Center.............................      500,000  
  60 California                                 Windsor, Intermodal Facility.....................      750,000  
  61 California                                 Woodland Hills, Warner Center Transportation Hub.      325,000  
  62 California                                 Yolo County, bus facility........................    1,200,000  
  63 Colorado                                   Boulder/Denver, RTD buses........................      625,000  
  64 Colorado                                   Colorado buses and bus facilities................    6,800,000  
  65 Colorado                                   Denver, Stapleton Intermodal Center..............    1,250,000  
  66 Connecticut                                Hartford, Transportation Access Project..........      800,000  
  67 Connecticut                                New Haven, bus facility..........................    2,250,000  
  68 Connecticut                                Norwich, buses...................................    2,250,000  
  69 Connecticut                                Waterbury, bus facility..........................    2,250,000  
  70 District/Columbia                          Fuel cell bus and bus facilities program (section    4,850,000  
                                                 3015(b)).                                                      
  71 District/Columbia                          Washington, D.C. Intermodal Transportation Center    2,500,000  
  72 Delaware                                   Delaware statewide buses.........................    1,000,000  

[[Page H11166]]

                                                                                                                
  73 Florida                                    Broward County, buses............................    1,000,000  
  74 Florida                                    Clearwater multimodal facility...................    2,500,000  
  75 Florida                                    Daytona Beach, Intermodal Center.................    2,500,000  
  76 Florida                                    Gainesville buses and equipment..................    1,500,000  
  77 Florida                                    Jacksonville buses and bus facilities............    1,000,000  
  78 Florida                                    Lakeland, Citrus Connection transit vehicles and     1,250,000  
                                                 related equipment.                                             
  79 Florida                                    Lynx buses and bus facilities....................    1,000,000  
  80 Florida                                    Miami, bus security and surveillance.............    1,000,000  
  81 Florida                                    Miami Beach multimodal transit center............    1,000,000  
  82 Florida                                    Miami Beach, Electric Shuttle Service............      750,000  
  83 Florida                                    Miami-Dade, buses................................    2,250,000  
  84 Florida                                    Orlando, Intermodal Facility.....................    2,500,000  
  85 Florida                                    Tampa Hartline buses.............................    1,250,000  
  86 Georgia                                    Atlanta, MARTA buses.............................   12,000,000  
  87 Georgia                                    Savannah/Chatham Area transit bus transfer           3,500,000  
                                                 centers and buses.                                             
  88 Hawaii                                     Honolulu, bus facility and buses.................    3,250,000  
  89 Illinois                                   Illinois statewide buses and bus-related             6,800,000  
                                                 equipment.                                                     
  90 Illinois                                   Rock Island, buses...............................    2,500,000  
  91 Indiana                                    City of East Chicago buses.......................      200,000  
  92 Indiana                                    Gary, Transit Consortium buses...................    1,250,000  
  93 Indiana                                    Indianapolis, buses..............................    5,000,000  
  94 Indiana                                    South Bend, Urban Intermodal Transportation          1,250,000  
                                                 Facility.                                                      
  95 Iowa                                       Fort Dodge, Intermodal Facility (Phase II).......      885,000  
  96 Iowa                                       Iowa statewide buses and bus facilities..........    3,000,000  
  97 Iowa                                       Iowa/Illinois Transit Consortium bus safety and      1,000,000  
                                                 security.                                                      
  98 Iowa                                       Sioux City park and ride bus facility............    1,800,000  
  99 Kansas                                     Johnson County bus maintenance/operations            2,000,000  
                                                 facility.                                                      
 100 Kentucky                                   Louisville, Kentucky University of Louisville and    3,000,000  
                                                 River City buses.                                              
 101 Kentucky                                   Northern Kentucky Area Development District            100,000  
                                                 senior citizen buses.                                          
 102 Kentucky                                   Owensboro buses..................................      200,000  
 103 Kentucky                                   Southern and eastern Kentucky buses and bus          2,000,000  
                                                 facilities.                                                    
 104 Louisiana                                  Statewide buses and bus-related facilities.......   11,000,000  
 105 Massachusetts                              Essex and Middlesex buses........................    3,128,000  
 106 Massachusetts                              New Bedford/Fall River Mobile Access to health         250,000  
                                                 care.                                                          
 107 Massachusetts                              Pittsfield intermodal center.....................    4,600,000  
 108 Massachusetts                              Springfield, Union Station.......................    1,250,000  
 109 Massachusetts                              Westfield intermodal center......................    2,000,000  
 110 Massachusetts                              Worcester, Union Station Intermodal                  2,500,000  
                                                 Transportation Center.                                         
 111 Maryland                                   Maryland statewide bus facilities and buses......   10,000,000  
 112 Michigan                                   Lansing, CATA bus technology improvements........      600,000  
 113 Michigan                                   Michigan statewide buses.........................   10,000,000  
 114 Minnesota                                  Duluth, Transit Authority community circulation      1,000,000  
                                                 vehicles.                                                      
 115 Minnesota                                  Duluth, Transit Authority intelligent                  500,000  
                                                 transportation systems.                                        
 116 Minnesota                                  Duluth, Transit Authority Transit Hub............      500,000  
 117 Minnesota                                  Northstar Corridor, Intermodal Facilities and        6,000,000  
                                                 buses.                                                         
 118 Minnesota                                  Twin Cities area metro transit buses and bus         9,500,000  
                                                 facilities.                                                    
 119 Missouri                                   Kansas City Union Station redevelopment..........    2,500,000  
 120 Missouri                                   OATS Transit.....................................    2,500,000  
 121 Missouri                                   Southwest Missouri State University park and ride    1,000,000  
                                                 facility.                                                      
 122 Missouri                                   St. Louis, Bi-state Intermodal Center............    1,250,000  
 123 Missouri                                   Statewide bus and bus facilities.................    4,500,000  
 124 Mississippi                                Harrison County multimodal center/hybrid electric    1,900,000  
                                                 shuttle buses.                                                 
 125 Mississippi                                High Street, Jackson intermodal center...........    2,000,000  
 126 Mississippi                                Jackson buses and facilities.....................    1,600,000  
 127 Montana                                    Butte bus replacements...........................    1,500,000  
 128 Nevada                                     Clark County Regional Transportation Commission      2,615,000  
                                                 buses and bus facilities.                                      
 129 Nevada                                     Reno, RTC transit passenger and facility security    1,250,000  
                                                 improvements.                                                  
 130 Nevada                                     Washoe County, transit improvements..............    2,250,000  
 131 New Hampshire                              Berlin Tri-County Community Action transit garage      120,000  
 132 New Hampshire                              Carroll County transportation alliance buses.....      200,000  
 133 New Hampshire                              Concord Area Transit buses.......................      750,000  
 134 New Hampshire                              Greater Laconia Transit Agency buses.............      450,000  
 135 New Hampshire                              Keene HCS community care buses and equipment.....      100,000  
 136 New Hampshire                              Lebanon advance transit buses....................      150,000  
 137 New Hampshire                              Statewide transit systems........................    1,000,000  
 138 New Jersey                                 New Jersey Transit jitney shuttle buses..........    1,750,000  
 139 New Jersey                                 Newark, Morris & Essex Station access and buses..    1,250,000  
 140 New Jersey                                 South Amboy, Regional Intermodal Transportation      1,250,000  
                                                 Initiative.                                                    
 141 New Jersey                                 Statewide alternatively fueled vehicles..........    7,500,000  
 142 New Mexico                                 Albuquerque, buses, paratransit vehicles, and bus    3,750,000  
                                                 facility.                                                      
 143 New Mexico                                 Northern New Mexico park and ride facilities.....    2,000,000  
 144 New York                                   Babylon, Intermodal Center.......................    1,250,000  
 145 New York                                   Brookhaven Town, elderly and disabled buses and        225,000  
                                                 vans.                                                          
 146 New York                                   Brooklyn-Staten Island, Mobility Enhancement           800,000  
                                                 buses.                                                         
 147 New York                                   Broome County buses and fare collection equipment      900,000  
 148 New York                                   Buffalo, Auditorium Intermodal Center............    3,000,000  
 149 New York                                   Dutchess County, Loop System buses...............      521,000  
 150 New York                                   East Hampton, elderly and disabled buses and vans      100,000  
 151 New York                                   Ithaca, TCAT bus technology improvements.........    1,250,000  
 152 New York                                   Long Beach central bus facility..................      750,000  
 153 New York                                   Long Island, CNG transit vehicles and facilities     1,250,000  
                                                 and bus replacement.                                           
 154 New York                                   Mineola/Hicksville, LIRR Intermodal Centers......    1,250,000  
 155 New York                                   Nassau County CNG buses..........................    1,000,000  
 156 New York                                   New York City Midtown West Ferry Terminal........    1,500,000  
 157 New York                                   New York, West 72nd St. Intermodal Station.......    1,750,000  

[[Page H11167]]

                                                                                                                
 158 New York                                   Niagara Frontier Transportation Authority Hublink      500,000  
 159 New York                                   Rensselaer intermodal bus facility...............    1,000,000  
 160 New York                                   Riverhead, elderly and disabled buses and vans...      125,000  
 161 New York                                   Rochester central bus facility...................    1,000,000  
 162 New York                                   Rome, Intermodal Center..........................      400,000  
 163 New York                                   Shelter Island, elderly and disabled buses and         100,000  
                                                 vans.                                                          
 164 New York                                   Smithtown, elderly and disabled buses and vans...      125,000  
 165 New York                                   Southampton, elderly and disabled buses and vans.      125,000  
 166 New York                                   Southold, elderly and disabled buses and vans....      100,000  
 167 New York                                   Suffolk County, elderly and disabled buses and         100,000  
                                                 vans.                                                          
 168 New York                                   Syracuse CNG buses and facilities................    2,000,000  
 169 New York                                   Ulster County bus facilities and equipment.......    1,000,000  
 170 New York                                   Utica and Rome, bus facilities and buses.........      500,000  
 171 New York                                   Utica, Union Station.............................    2,100,000  
 172 New York                                   Westchester County, Bee-Line transit system            979,000  
                                                 fareboxes.                                                     
 173 New York                                   Westchester County, Bee-Line transit system          1,000,000  
                                                 shuttle buses.                                                 
 174 New York                                   Westchester County, DOT articulated buses........    1,250,000  
 175 North Carolina                             Greensboro, Multimodal Center....................    3,340,000  
 176 North Carolina                             Greensboro, Transit Authority buses..............    1,500,000  
 177 North Carolina                             Greensboro, Transit Authority small buses and          321,000  
                                                 vans.                                                          
 178 North Carolina                             Statewide buses and bus facilities...............    5,000,000  
 179 North Dakota                               Statewide buses and bus-related facilities.......    2,000,000  
 180 Ohio                                       Cleveland, Triskett Garage bus maintenance             625,000  
                                                 facility.                                                      
 181 Ohio                                       Dayton, Multimodal Transportation Center.........      625,000  
 182 Ohio                                       Statewide buses and bus facilities...............   12,000,000  
 183 Ohio                                       Toledo Mud Hens transit center study.............      200,000  
 184 Oklahoma                                   Oklahoma statewide bus facilities and buses......    5,000,000  
 185 Oregon                                     Lane County, Bus Rapid Transit...................    4,400,000  
 186 Oregon                                     Portland, Tri-Met buses..........................    1,750,000  
 187 Oregon                                     Rogue Valley transit district bus purchase.......    1,000,000  
 188 Oregon                                     Salem area mass transit system buses.............    1,000,000  
 189 Oregon                                     Wilsonville, buses and shelters..................      400,000  
 190 Pennsylvania                               Altoona bus testing facility (section 3009)......    3,000,000  
 191 Pennsylvania                               Altoona, Metro Transit Authority buses and             842,000  
                                                 transit system improvements.                                   
 192 Pennsylvania                               Altoona, Metro Transit Authority Logan Valley           80,000  
                                                 Mall Suburban Transfer Center.                                 
 193 Pennsylvania                               Altoona, Metro Transit Authority Transit Center        424,000  
                                                 improvements.                                                  
 194 Pennsylvania                               Altoona, pedestrian crossover....................      800,000  
 195 Pennsylvania                               Armstrong County-Mid-County, PA bus facilities         150,000  
                                                 and buses.                                                     
 196 Pennsylvania                               Beaver County bus facility.......................    1,000,000  
 197 Pennsylvania                               Bradford County, Endless Mountain Transportation     1,000,000  
                                                 Authority buses.                                               
 198 Pennsylvania                               Cambria County, bus facilities and buses.........      575,000  
 199 Pennsylvania                               Centre Area, Transportation Authority buses......    1,250,000  
 200 Pennsylvania                               Chambersburg, Transit Authority buses............      300,000  
 201 Pennsylvania                               Chambersburg, Transit Authority Intermodal Center    1,000,000  
 202 Pennsylvania                               Chester County, Paoli Transportation Center......    1,000,000  
 203 Pennsylvania                               Crawford Area, Transportation buses..............      500,000  
 204 Pennsylvania                               Erie, Metropolitan Transit Authority buses.......    1,000,000  
 205 Pennsylvania                               Fayette County, Intermodal Facilities and buses..    1,270,000  
 206 Pennsylvania                               Lackawanna County, Transit System buses..........      600,000  
 207 Pennsylvania                               Mercer County, buses.............................      750,000  
 208 Pennsylvania                               Monroe County, Transportation Authority buses....    1,000,000  
 209 Pennsylvania                               Philadelphia, Frankford Transportation Center....    5,000,000  
 210 Pennsylvania                               Philadelphia, Intermodal 30th Street Station.....    1,250,000  
 211 Pennsylvania                               Philadelphia, Regional Transportation System for       750,000  
                                                 Elderly and Disabled.                                          
 212 Pennsylvania                               Reading, BARTA Intermodal Transportation Facility    1,750,000  
 213 Pennsylvania                               Red Rose, Transit Bus Terminal...................    1,000,000  
 214 Pennsylvania                               Robinson, Towne Center Intermodal Facility.......    1,500,000  
 215 Pennsylvania                               Schuylkill County buses..........................      220,000  
 216 Pennsylvania                               Somerset County, bus facilities and buses........      175,000  
 217 Pennsylvania                               Towamencin Township, Intermodal Bus                  1,500,000  
                                                 Transportation Center.                                         
 218 Pennsylvania                               Washington County, Intermodal Facilities.........      630,000  
 219 Pennsylvania                               Westmoreland County, Intermodal Facility.........      200,000  
 220 Pennsylvania                               Wilkes-Barre, Intermodal Facility................    1,250,000  
 221 Pennsylvania                               Williamsport, Bus Facility.......................    1,200,000  
 222 Puerto Rico                                San Juan Intermodal access.......................      950,000  
 223 Rhode Island                               Providence, buses and bus maintenance facility...    2,250,000  
 224 Rhode Island                               Rhode Island Public Transit Authority buses......    3,200,000  
 225 South Carolina                             Columbia Bus replacement.........................    1,100,000  
 226 South Carolina                             Pee Dee buses and facilities.....................    1,250,000  
 227 South Carolina                             South Carolina statewide Virtual Transit             1,220,000  
                                                 Enterprise.                                                    
 228 South Carolina                             Spartanburg buses and facilities.................    1,000,000  
 229 South Dakota                               Computerized bus dispatch system, radios, money        800,000  
                                                 boxes, and lift replacements.                                  
 230 South Dakota                               Sioux Falls buses................................    1,000,000  
 231 South Dakota                               South Dakota statewide bus facilities and buses..    3,500,000  
 232 Tennessee                                  Statewide buses and bus facilities...............    2,000,000  
 233 Texas                                      Austin, buses....................................    2,250,000  
 234 Texas                                      Brazos Transit Authority buses and facilities....    1,500,000  
 235 Texas                                      Corpus Christi transit authority buses and           1,000,000  
                                                 facilities.                                                    
 236 Texas                                      Dallas Area Rapid transit buses..................    2,750,000  
 237 Texas                                      Fort Worth bus and paratransit vehicle project...    2,500,000  
 238 Texas                                      Galveston buses and bus facilities...............    1,000,000  
 239 Texas                                      Texas statewide small urban and rural buses......    6,000,000  
 240 Utah                                       Ogden, Intermodal Center.........................      800,000  
 241 Utah                                       Utah Hybrid electric vehicle bus purchase........    1,500,000  
 242 Utah                                       Utah Transit Authority, Intermodal Facilities....    1,500,000  

[[Page H11168]]

                                                                                                                
 243 Utah                                       Utah Transit Authority/Park City Transit, buses..    6,500,000  
 244 Vermont                                    Brattleboro Union Station multimodal center......    2,500,000  
 245 Vermont                                    Burlington intermodal center.....................    1,000,000  
 246 Vermont                                    Deerfield Valley Transit authority...............      500,000  
 247 Virginia                                   Alexandria, bus maintenance facility and Crystal     1,000,000  
                                                 City canopy project.                                           
 248 Virginia                                   Alexandria, King Street Station access...........    1,100,000  
 249 Virginia                                   Harrisonburg, buses..............................      200,000  
 250 Virginia                                   Lynchburg, buses.................................      200,000  
 251 Virginia                                   Richmond, GRTC bus maintenance facility..........    1,250,000  
 252 Virginia                                   Roanoke, buses...................................      200,000  
 253 Virginia                                   Statewide buses and bus facilities...............   10,000,000  
 254 Washington                                 Anacortes ferry terminal information system......      500,000  
 255 Washington                                 Ben Franklin transit operating facility..........    1,000,000  
 256 Washington                                 Bremerton transportation center..................    1,000,000  
 257 Washington                                 Central Puget Sound Seattle bus program..........    8,000,000  
 258 Washington                                 Chelan-Douglas multimodal center.................      900,000  
 259 Washington                                 Everett, Multimodal Transportation Center........    1,950,000  
 260 Washington                                 Grant County, buses and vans.....................      600,000  
 261 Washington                                 Mount Vernon, Multimodal Center..................    1,750,000  
 262 Washington                                 Port Angeles center..............................    1,000,000  
 263 Washington                                 Seattle, Intermodal Transportation Terminal......    1,250,000  
 264 Washington                                 Snohomish County, Community transit buses........    1,000,000  
 265 Washington                                 Tacoma Dome, buses and bus facilities............    1,750,000  
 266 Washington                                 Thurston County intercity buses..................    1,000,000  
 267 Washington                                 Vancouver, Clark County (C-Tran) bus facilities..    1,000,000  
 268 Wisconsin                                  Milwaukee County, buses..........................    4,000,000  
 269 Wisconsin                                  Wisconsin statewide bus facilities and buses.....   12,875,000  
 270 West Virginia                              Huntington, Intermodal Facility..................    8,000,000  
 271 West Virginia                              West Virginia statewide Intermodal Facility and      6,500,000  
                                                 buses.                                                         
----------------------------------------------------------------------------------------------------------------

     ; and there shall be available for new fixed guideway 
     systems, $902,800,000, to be available as follows:
       $10,400,000 for the Alaska or Hawaii ferry projects;
       $5,000,000 for the Albuquerque light rail project;
       $52,110,000 for the Atlanta-North Springs project;
       $1,000,000 for the Austin Capital metro project;
       $500,000 for the Baltimore central downtown transit 
     alternatives major investment study;
       $1,000,000 for the Baltimore light rail double track 
     project;
       $1,000,000 for the Birmingham, Alabama alternatives 
     analysis study and preliminary engineering;
       $500,000 for the Boston North-South rail link project;
       $750,000 for the Boston urban ring project;
       $2,000,000 for the Burlington-Essex, Vermont commuter rail 
     project;
       $2,200,000 for the Canton-Akron-Cleveland commuter rail 
     project;
       $2,200,000 for the Charleston, South Carolina monobeam rail 
     project;
       $3,000,000 for the Charlotte, North Carolina South-North 
     corridor transitway project;
       $6,000,000 for the Chicago Metra commuter rail extensions 
     and upgrades project;
       $3,000,000 for the Chicago Transit Authority Ravenswood and 
     Douglas branch lines projects: Provided, That recognizing the 
     nature of these projects, of the requirements of 49 U.S.C. 
     section 5309(e), only sections 5309(e)(1)(C) and 5309(e)(4) 
     shall apply;
       $1,800,000 for the Cincinnati Northeast/Northern Kentucky 
     rail line project;
       $4,000,000 for the Clark County, Nevada fixed guideway 
     project;
       $1,000,000 for the Cleveland Berea Red Line extension to 
     the Hopkins International Airport project;
       $2,000,000 for the Cleveland Euclid corridor improvement 
     project;
       $500,000 for the Colorado-North Front Range corridor 
     feasibility study;
       $12,000,000 for the Dallas-Fort Worth RAILTRAN project;
       $16,000,000 for the DART North Central light rail extension 
     project;
       $1,000,000 for the Dayton, Ohio light rail study;
       $40,000,000 for the Denver Southwest Corridor project;
       $500,000 for the Denver Southeast Corridor multimodal 
     corridor project;
       $17,000,000 for the Dulles corridor project;
       $4,000,000 for the Fort Lauderdale, Florida Tri-County 
     commuter rail project;
       $1,000,000 for the Harrisburg, Pennsylvania capital area 
     transit/corridor one project;
       $1,500,000 for the Hartford, Connecticut light rail 
     project;
       $3,000,000 for the Honolulu, Hawaii major investment 
     analysis of transit alternatives;
       $2,000,000 for the Houston advanced regional transit 
     program;
       $59,670,000 for the Houston Regional Bus project;
       $1,000,000 for the Johnson County, Kansas I-35 commuter 
     rail project;
       $500,000 for the Kansas City, Missouri commuter rail study;
       $500,000 for the Kenosha-Racine-Milwaukee, Wisconsin 
     commuter rail project;
       $250,000 for the King County, Washington Elliot Bay water 
     taxi;
       $1,500,000 for the Knoxville, Tennessee electric transit 
     project;
       $1,000,000 for the Largo, Maryland Metro Blue Line 
     extension project;
       $1,000,000 for the Little Rock, Arkansas River rail 
     project;
       $24,000,000 for the Long Island Railroad East Side access 
     project, New York;
       $38,000,000 for the Los Angeles MOS-3 project;
       $1,000,000 for the Massachusetts North Shore corridor 
     project;
       $17,041,000 for the MARC commuter rail project;
       $1,000,000 for the Maryland Route 5 corridor;
       $2,200,000 for the Memphis, Tennessee Medical Center rail 
     extension project;
       $3,000,000 for the Miami Metro-Dade Transit east-west 
     corridor project;
       $3,000,000 for the Miami Metro-Dade North 27th Avenue 
     corridor project;
       $8,000,000 for the Mid-City and East Side projects, Los 
     Angeles;
       $4,000,000 for the Morgantown, West Virginia fixed guideway 
     modernization project;
       $1,000,000 for the Nashville, Tennessee regional commuter 
     rail project;
       $70,000,000 for the New Jersey urban core Hudson-Bergen LRT 
     project;
       $6,000,000 for the New Jersey urban core Newark-Elizabeth 
     rail link project;
       $500,000 for the New London, Connecticut waterfront access 
     project;
       $22,000,000 for the New Orleans Canal Street corridor 
     project;
       $2,000,000 for the New Orleans Desire Streetcar project;
       $8,000,000 for the Norfolk-Virginia Beach regional rail 
     project;
       $500,000 for the Northeast Ohio commuter rail study, Phase 
     2;
       $3,000,000 for the Northern Indiana South Shore commuter 
     rail project;
       $3,000,000 for the Oceanside-Escondido passenger rail 
     project;
       $500,000 for the Old Saybrook-Hartford, Connecticut rail 
     extension project;
       $1,000,000 for the Omaha, Nebraska trolley system;
       $2,500,000 for the Orange County, California transitway 
     project;
       $17,500,000 for the Orlando Lynx light rail project;
       $3,000,000 for the Philadelphia-Reading SEPTA Schuykill 
     Valley Metro project;
       $1,000,000 for the Philadelphia SEPTA Cross County Metro 
     project;
       $5,000,000 for the Phoenix metropolitan area transit 
     project;
       $4,000,000 for the Pittsburgh Allegheny County Stage II 
     light rail project;
       $1,000,000 for the Pittsburgh North Shore central business 
     district transit options MIS;
       $25,718,000 for the Portland-Westside/Hillsboro project;
       $5,000,000 for the Puget Sound RTA Link light rail project;
       $41,000,000 for the Puget Sound RTA Sounder commuter rail 
     project;
       $10,000,000 for the Raleigh-Durham-Chapel Hill Triangle 
     Transit project;
       $23,480,000 for the Sacramento south corridor LRT project;
       $70,000,000 for the Salt Lake City South LRT project;
       $5,000,000 for the Salt Lake City/Airport to University 
     (West-East) light rail project: Provided further, That the 
     non-governmental share for these funds shall be determined in 
     accordance with Section 3030(c)(2)(B)(ii) of the 
     Transportation Equity Act for the 21st Century, as amended 
     (Public Law 105-178);
       $1,000,000 for the San Bernardino Metrolink extension 
     project;
       $2,000,000 for the San Diego Mid-Coast corridor project;
       $1,500,000 for the San Diego Mission Valley East light rail 
     transit project;

[[Page H11169]]

       $40,000,000 for the San Francisco BART extension to the 
     airport project;
       $500,000 for the San Jacinto-Branch Line (Riverside County) 
     project;
       $27,000,000 for the San Jose Tasman LRT project;
       $20,000,000 for the San Juan Tren Urbano;
       $500,000 for the Savannah, Georgia water taxi;
       $250,000 for the Sioux City micro rail trolley system;
       $53,983,000 for the South Boston Piers MOS-2 project;
       $1,000,000 for the South Dekalb-Lindburgh corridor LRT 
     project;
       $200,000 for the Southeast Michigan commuter rail viability 
     project;
       $1,000,000 for the Spokane, Washington light rail project;
       $500,000 for the St. Louis-Jefferson City-Kansas City, 
     Missouri commuter rail project;
       $35,000,000 for the St. Louis-St.Clair LRT extension 
     project;
       $1,000,000 for the Stamford, Connecticut fixed guideway 
     connector;
       $1,000,000 for the Tampa Bay regional rail project;
       $17,000,000 for the Twin Cities Transitways project;
       $2,000,000 for the Virginia Railway Express Woodbridge 
     station improvements project; and
       $1,000,000 for the West Trenton, New Jersey rail project:
     Provided further, That funds provided in Public Law 105-66 
     for the Pennsylvania Strawberry Hill/Diamond Branch rail 
     project shall be available for the Laurel Rail line project 
     in Lackawanna County, Pennsylvania.

                       Mass Transit Capital Fund


                (liquidation of contract authorization)

                          (highway trust fund)

       Notwithstanding any other provision of law, for payment of 
     previous obligations incurred in carrying out 49 U.S.C. 
     5338(b), $2,000,000,000, to remain available until expended 
     and to be derived from the Mass Transit Account of the 
     Highway Trust Fund.

                 Job Access and Reverse Commute Grants

       For necessary expenses to carry out section 3037 of the 
     Federal Transit Act of 1998, $35,000,000, to remain available 
     until expended: Provided, That no more than $75,000,000 of 
     budget authority shall be available for these purposes: 
     Provided further, That of the amounts appropriated under this 
     head, not more than $10,000,000 shall be used for grants for 
     reverse commute projects.

             Washington Metropolitan Area Transit Authority

       For necessary expenses to carry out the provisions of 
     section 14 of Public Law 96-184 and Public Law 101-551, 
     $50,000,000, to remain available until expended.

             SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

             Saint Lawrence Seaway Development Corporation

       The Saint Lawrence Seaway Development Corporation is hereby 
     authorized to make such expenditures, within the limits of 
     funds and borrowing authority available to the Corporation, 
     and in accord with law, and to make such contracts and 
     commitments without regard to fiscal year limitations as 
     provided by section 104 of the Government Corporation Control 
     Act, as amended, as may be necessary in carrying out the 
     programs set forth in the Corporation's budget for the 
     current fiscal year.

                       Operations and Maintenance


                    (harbor maintenance trust fund)

       For necessary expenses for operations and maintenance of 
     those portions of the Saint Lawrence Seaway operated and 
     maintained by the Saint Lawrence Seaway Development 
     Corporation, $11,496,000, to be derived from the Harbor 
     Maintenance Trust Fund, pursuant to Public Law 99-662.

              RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION

                     Research and Special Programs

       For expenses necessary to discharge the functions of the 
     Research and Special Programs Administration, $29,280,000, of 
     which $574,000 shall be derived from the Pipeline Safety 
     Fund, and of which $3,460,000 shall remain available until 
     September 30, 2001: Provided, That up to $1,200,000 in fees 
     collected under 49 U.S.C. 5108(g) shall be deposited in the 
     general fund of the Treasury as offsetting receipts: Provided 
     further, That there may be credited to this appropriation, to 
     be available until expended, funds received from States, 
     counties, municipalities, other public authorities, and 
     private sources for expenses incurred for training, for 
     reports publication and dissemination, and for travel 
     expenses incurred in performance of hazardous materials 
     exemptions and approvals functions.

                            Pipeline Safety


                         (pipeline safety fund)

                    (oil spill liability trust fund)

       For expenses necessary to conduct the functions of the 
     pipeline safety program, for grants-in-aid to carry out a 
     pipeline safety program, as authorized by 49 U.S.C. 60107, 
     and to discharge the pipeline program responsibilities of the 
     Oil Pollution Act of 1990, $33,248,000, of which $4,248,000 
     shall be derived from the Oil Spill Liability Trust Fund and 
     shall remain available until September 30, 2001; and of which 
     $29,000,000 shall be derived from the Pipeline Safety 
     Fund, of which $16,219,000 shall remain available until 
     September 30, 2001: Provided, That in addition to amounts 
     made available for the Pipeline Safety Fund, $1,400,000 
     shall be available for grants to States for the 
     development and establishment of one-call notification 
     systems and public education activities, and shall be 
     derived from amounts previously collected under 49 U.S.C. 
     60301.

                     Emergency Preparedness Grants


                     (emergency preparedness fund)

       For necessary expenses to carry out 49 U.S.C. 5127(c), 
     $200,000, to be derived from the Emergency Preparedness Fund, 
     to remain available until September 30, 2001: Provided, That 
     not more than $11,000,000 shall be made available for 
     obligation in fiscal year 1999 from amounts made available 
     by 49 U.S.C. 5116(i) and 5127(d): Provided further, That 
     none of the funds made available by 49 U.S.C. 5116(i) and 
     5127(d) shall be made available for obligation by 
     individuals other than the Secretary of Transportation, or 
     his designee.

                      OFFICE OF INSPECTOR GENERAL

                         Salaries and Expenses

       For necessary expenses of the Office of Inspector General 
     to carry out the provisions of the Inspector General Act of 
     1978, as amended, $43,495,000.

                      SURFACE TRANSPORTATION BOARD

                         Salaries and Expenses

       For necessary expenses of the Surface Transportation Board, 
     including services authorized by 5 U.S.C. 3109, $16,000,000: 
     Provided, That notwithstanding any other provision of law, 
     not to exceed $2,600,000 from fees established by the 
     Chairman of the Surface Transportation Board shall be 
     credited to this appropriation as offsetting collections and 
     used for necessary and authorized expenses under this 
     heading: Provided further, That the sum herein appropriated 
     from the general fund shall be reduced on a dollar for dollar 
     basis as such offsetting collections are received during 
     fiscal year 1999, to result in a final appropriation from the 
     general fund estimated at no more than $16,000,000: Provided 
     further, That any fees received in excess of $2,600,000 in 
     fiscal year 1999 shall remain available until expended, but 
     shall not be available for obligation until October 1, 1999.

                                TITLE II

                            RELATED AGENCIES

       ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD

                         Salaries and Expenses

       For expenses necessary for the Architectural and 
     Transportation Barriers Compliance Board, as authorized by 
     section 502 of the Rehabilitation Act of 1973, as amended, 
     $3,847,000: Provided, That, notwithstanding any other 
     provision of law, there may be credited to this appropriation 
     funds received for publications and training expenses.

                  NATIONAL TRANSPORTATION SAFETY BOARD

                         Salaries and Expenses

       For necessary expenses of the National Transportation 
     Safety Board, including hire of passenger motor vehicles and 
     aircraft; services as authorized by 5 U.S.C. 3109, but at 
     rates for individuals not to exceed the per diem rate 
     equivalent to the rate for a GS-15; uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902), 
     $53,473,000, of which not to exceed $2,000 may be used for 
     official reception and representation expenses.

                             Emergency Fund

       For necessary expenses of the National Transportation 
     Safety Board for accident investigations, including hire of 
     passenger motor vehicles and aircraft; services as authorized 
     by 5 U.S.C. 3109, but at rates for individuals not to exceed 
     the per diem rate equivalent to the rate for a GS-15; 
     uniforms, or allowances therefor, as authorized by law (5 
     U.S.C. 5901-5902), $1,000,000, to remain available until 
     expended.

                               TITLE III

                           GENERAL PROVISIONS


                     (including transfers of funds)

       Sec. 301. During the current fiscal year applicable 
     appropriations to the Department of Transportation shall be 
     available for maintenance and operation of aircraft; hire of 
     passenger motor vehicles and aircraft; purchase of liability 
     insurance for motor vehicles operating in foreign countries 
     on official department business; and uniforms, or allowances 
     therefor, as authorized by law (5 U.S.C. 5901-5902).
       Sec. 302. Such sums as may be necessary for fiscal year 
     1999 pay raises for programs funded in this Act shall be 
     absorbed within the levels appropriated in this Act or 
     previous appropriations Acts.
       Sec. 303. Funds appropriated under this Act for 
     expenditures by the Federal Aviation Administration shall be 
     available: (1) except as otherwise authorized by title VIII 
     of the Elementary and Secondary Education Act of 1965 (20 
     U.S.C. 7701 et seq.), for expenses of primary and secondary 
     schooling for dependents of Federal Aviation Administration 
     personnel stationed outside the continental United States at 
     costs for any given area not in excess of those of the 
     Department of Defense for the same area, when it is 
     determined by the Secretary that the schools, if any, 
     available in the locality are unable to provide adequately 
     for the education of such dependents; and (2) for 
     transportation of said dependents between schools serving the 
     area that they attend and their places of residence when the 
     Secretary, under such regulations as may be prescribed, 
     determines that such schools are not accessible by public 
     means of transportation on a regular basis.
       Sec. 304. Appropriations contained in this Act for the 
     Department of Transportation shall be available for services 
     as authorized by 5 U.S.C. 3109, but at rates for individuals 
     not to exceed the per diem rate equivalent to the rate for an 
     Executive Level IV.
       Sec. 305. None of the funds in this Act shall be available 
     for salaries and expenses of more

[[Page H11170]]

     than 100 political and Presidential appointees in the 
     Department of Transportation: Provided, That none of the 
     personnel covered by this provision may be assigned on 
     temporary detail outside the Department of Transportation.
       Sec. 306. None of the funds in this Act shall be used for 
     the planning or execution of any program to pay the expenses 
     of, or otherwise compensate, non-Federal parties intervening 
     in regulatory or adjudicatory proceedings funded in this Act.
       Sec. 307. None of the funds appropriated in this Act shall 
     remain available for obligation beyond the current fiscal 
     year, nor may any be transferred to other appropriations, 
     unless expressly so provided herein.
       Sec. 308. The Secretary of Transportation may enter into 
     grants, cooperative agreements, and other transactions with 
     any person, agency, or instrumentality of the United States, 
     any unit of State or local government, any educational 
     institution, and any other entity in execution of the 
     Technology Reinvestment Project authorized under the Defense 
     Conversion, Reinvestment and Transition Assistance Act of 
     1992 and related legislation: Provided, That the authority 
     provided in this section may be exercised without regard to 
     section 3324 of title 31, United States Code.
       Sec. 309. The expenditure of any appropriation under this 
     Act for any consulting service through procurement contract 
     pursuant to section 3109 of title 5, United States Code, 
     shall be limited to those contracts where such expenditures 
     are a matter of public record and available for public 
     inspection, except where otherwise provided under existing 
     law, or under existing Executive order issued pursuant to 
     existing law.
       Sec. 310. (a) For fiscal year 1999, the Secretary of 
     Transportation shall--
       (1) not distribute from the obligation limitation for 
     Federal-aid Highways amounts authorized for administrative 
     expenses and programs funded from the administrative takedown 
     authorized by section 104(a) of title 23, United States Code, 
     and amounts authorized for the highway use tax evasion 
     program and the Bureau of Transportation Statistics.
       (2) not distribute an amount from the obligation limitation 
     for Federal-aid Highways that is equal to the unobligated 
     balance of amounts made available from the Highway Trust Fund 
     (other than the Mass Transit Account) for Federal-aid 
     highways and highway safety programs for the previous fiscal 
     year the funds for which are allocated by the Secretary;
       (3) determine the ratio that--
       (A) the obligation limitation for Federal-aid Highways less 
     the aggregate of amounts not distributed under paragraphs (1) 
     and (2), bears to
       (B) the total of the sums authorized to be appropriated for 
     Federal-aid highways and highway safety construction programs 
     (other than sums authorized to be appropriated for sections 
     set forth in paragraphs (1) through (7) of subsection (b) and 
     sums authorized to be appropriated for section 105 of title 
     23, United States Code, equal to the amount referred to in 
     subsection (b)(8)) for such fiscal year less the aggregate of 
     the amounts not distributed under paragraph (1) of this 
     subsection;
       (4) distribute the obligation limitation for Federal-aid 
     Highways less the aggregate amounts not distributed under 
     paragraphs (1) and (2) for section 117 of title 23, United 
     States Code (relating to high priority projects program), 
     section 201 of the Appalachian Regional Development Act of 
     1965, the Woodrow Wilson Memorial Bridge Authority Act of 
     1995, and $2,000,000,000 for such fiscal year under section 
     105 of the Transportation Equity Act for the 21st Century 
     (relating to minimum guarantee) so that the amount of 
     obligation authority available for each of such sections is 
     equal to the amount determined by multiplying the ratio 
     determined under paragraph (3) by the sums authorized to be 
     appropriated for such section (except in the case of section 
     105, $2,000,000,000) for such fiscal year;
       (5) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraph (4) for each of the programs that 
     are allocated by the Secretary under title 23, United State 
     Code (other than activities to which paragraph (1) applies 
     and programs to which paragraph (4) applies) by multiplying 
     the ratio determined under paragraph (3) by the sums 
     authorized to be appropriated for such program for such 
     fiscal year; and
       (6) distribute the obligation limitation provided for 
     Federal-aid Highways less the aggregate amounts not 
     distributed under paragraphs (1) and (2) and amounts 
     distributed under paragraphs (4) and (5) for Federal-aid 
     highways and highway safety construction programs (other than 
     the minimum guarantee program, but only to the extent that 
     amounts apportioned for the minimum guarantee program for 
     such fiscal year exceed $2,639,000,000, and the 
     Appalachian development highway system program) that are 
     apportioned by the Secretary under title 23, United States 
     Code, in the ratio that--
       (A) sums authorized to be appropriated for such programs 
     that are apportioned to each State for such fiscal year, bear 
     to
       (B) the total of the sums authorized to be appropriated for 
     such programs that are apportioned to all States for such 
     fiscal year.
       (b) Exceptions From Obligation Limitation.--The obligation 
     limitation for Federal-aid Highways shall not apply to 
     obligations (1) under section 125 of title 23, United States 
     Code; (2) under section 147 of the Surface Transportation 
     Assistance Act of 1978; (3) under section 9 of the Federal-
     Aid Highway Act of 1981; (4) under sections 131(b) and 131(j) 
     of the Surface Transportation Assistance Act of 1982; (5) 
     under sections 149(b) and 149(c) of the Surface 
     Transportation and Uniform Relocation Assistance Act of 1987; 
     (6) under section 1103 through 1108 of the Intermodal Surface 
     Transportation Efficiency Act of 1991; (7) under section 157 
     of title 23, United States Code, as in effect on the day 
     before the date of enactment of the Transportation Equity Act 
     for the 21st Century; and (8) under section 105 of title 23, 
     United States Code (but, only in an amount equal to 
     $639,000,000 for such fiscal year).
       (c) Redistribution of Unused Obligation Authority.--
     Notwithstanding subsection (a), the Secretary shall after 
     August 1 for such fiscal year revise a distribution of the 
     obligation limitation made available under subsection (a) if 
     a State will not obligate the amount distributed during that 
     fiscal year and redistribute sufficient amounts to those 
     States able to obligate amounts in addition to those 
     previously distributed during that fiscal year giving 
     priority to those States having large unobligated balances of 
     funds apportioned under sections 104 and 144 of title 23, 
     United States Code, section 160 (as in effect on the day 
     before the enactment of the Transportation Equity Act for the 
     21st Century) of title 23, United States Code, and under 
     section 1015 of the Intermodal Surface Transportation Act of 
     1991 (105 Stat. 1943-1945).
       (d) Applicability of Obligation Limitations to 
     Transportation Research Programs.--The obligation limitation 
     shall apply to transportation research programs carried out 
     under chapters 3 and 5 of title 23, United States Code, 
     except that obligation authority made available for such 
     programs under such limitation shall remain available for a 
     period of 3 fiscal years.
       (e) Redistribution of Certain Authorized Funds.--Not later 
     than 30 days after the date of the distribution of obligation 
     limitation under subsection (a), the Secretary shall 
     distribute to the States any funds (1) that are authorized to 
     be appropriated for such fiscal year for Federal-aid highways 
     programs (other than the program under section 160 of title 
     23, United States Code) and for carrying out subchapter I of 
     chapter 311 of title 49, United States Code, and chapter 4 of 
     title 23, United States Code, and (2) that the Secretary 
     determines will not be allocated to the States, and will not 
     be available for obligation, in such fiscal year due to the 
     imposition of any obligation limitation for such fiscal year. 
     Such distribution to the States shall be made in the same 
     ratio as the distribution of obligation authority under 
     subsection (a)(6). The funds so distributed shall be 
     available for any purposes described in section 133(b) of 
     title 23, United States Code.
       (f) Special Rule.--Obligation limitation distributed for a 
     fiscal year under subsection (a)(4) for a section set forth 
     in subsection (a)(4) shall remain available until used for 
     obligation of funds for such section and shall be in addition 
     to the amount of any limitation imposed on obligations for 
     Federal-aid highway and highway safety construction programs 
     for future fiscal years.
       Sec. 311. The limitations on obligations for the programs 
     of the Federal Transit Administration shall not apply to any 
     authority under 49 U.S.C. 5338, previously made available for 
     obligation, or to any other authority previously made 
     available for obligation.
       Sec. 312. None of the funds in this Act shall be used to 
     implement section 404 of title 23, United States Code.
       Sec. 313. None of the funds in this Act shall be available 
     to plan, finalize, or implement regulations that would 
     establish a vessel traffic safety fairway less than five 
     miles wide between the Santa Barbara Traffic Separation 
     Scheme and the San Francisco Traffic Separation Scheme.
       Sec. 314. Notwithstanding any other provision of law, 
     airports may transfer, without consideration, to the Federal 
     Aviation Administration (FAA) instrument landing systems 
     (along with associated approach lighting equipment and runway 
     visual range equipment) which conform to FAA design and 
     performance specifications, the purchase of which was 
     assisted by a Federal airport-aid program, airport 
     development aid program or airport improvement program grant. 
     The FAA shall accept such equipment, which shall 
     thereafter be operated and maintained by the FAA in 
     accordance with agency criteria.
       Sec. 315. None of the funds in this Act shall be available 
     to award a multiyear contract for production end items that: 
     (1) includes economic order quantity or long lead time 
     material procurement in excess of $10,000,000 in any one year 
     of the contract; (2) includes a cancellation charge greater 
     than $10,000,000 which at the time of obligation has not been 
     appropriated to the limits of the Government's liability; or 
     (3) includes a requirement that permits performance under the 
     contract during the second and subsequent years of the 
     contract without conditioning such performance upon the 
     appropriation of funds: Provided, That this limitation does 
     not apply to a contract in which the Federal Government 
     incurs no financial liability from not buying additional 
     systems, subsystems, or components beyond the basic contract 
     requirements.
       Sec. 316. Section 218 of title 23, United States Code, is 
     amended--
       (1) in subsection (a)--
       (A) in the first sentence by striking ``the south Alaskan 
     border'' and inserting ``Haines'' in lieu thereof;
       (B) in the third sentence by striking ``highway'' and 
     inserting ``highway or the Alaska Marine Highway System'' in 
     lieu thereof;
       (C) in the fourth sentence by striking ``any other fiscal 
     year thereafter'' and inserting ``any other fiscal year 
     thereafter, including any portion of any other fiscal year 
     thereafter, prior to the date of the enactment of the 
     Transportation Equity Act for the 21st Century'' in lieu 
     thereof;
       (D) in the fifth sentence by striking ``construction of 
     such highways until an agreement'' and inserting 
     ``construction of the portion of such highways that are in 
     Canada until an agreement'' in lieu thereof; and
       (2) in subsection (b) by inserting ``in Canada'' after 
     ``undertaken''.

[[Page H11171]]

       Sec. 317. Notwithstanding any other provision of law, and 
     except for fixed guideway modernization projects, funds made 
     available by this Act under ``Federal Transit Administration, 
     Capital investment grants'' for projects specified in this 
     Act or identified in reports accompanying this Act not 
     obligated by September 30, 2001, and other recoveries, shall 
     be made available for other projects under 49 U.S.C. 5309.
       Sec. 318. Notwithstanding any other provision of law, any 
     funds appropriated before October 1, 1998, under any section 
     of chapter 53 of title 49, United States Code, that remain 
     available for expenditure may be transferred to and 
     administered under the most recent appropriation heading for 
     any such section.
       Sec. 319. None of the funds in this Act may be used to 
     compensate in excess of 350 technical staff-years under the 
     federally funded research and development center contract 
     between the Federal Aviation Administration and the Center 
     for Advanced Aviation Systems Development during fiscal year 
     1999.
       Sec. 320. Funds provided in this Act for the Transportation 
     Administrative Service Center (TASC) shall be reduced by 
     $15,000,000, which limits fiscal year 1999 TASC obligational 
     authority for elements of the Department of Transportation 
     funded in this Act to no more than $109,124,000: Provided, 
     That such reductions from the budget request shall be 
     allocated by the Department of Transportation to each 
     appropriations account in proportion to the amount included 
     in each account for the Transportation Administrative Service 
     Center.
       Sec. 321. Funds received by the Federal Highway 
     Administration, Federal Transit Administration, and Federal 
     Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training may be credited 
     respectively to the Federal Highway Administration's 
     ``Limitation on General Operating Expenses'' account, the 
     Federal Transit Administration's ``Transit Planning and 
     Research'' account, and to the Federal Railroad 
     Administration's ``Railroad Safety'' account, except for 
     State rail safety inspectors participating in training 
     pursuant to 49 U.S.C. 20105.
       Sec. 322. None of the funds in this Act shall be available 
     to prepare, propose, or promulgate any regulations pursuant 
     to title V of the Motor Vehicle Information and Cost Savings 
     Act (49 U.S.C. 32901 et seq.) prescribing corporate average 
     fuel economy standards for automobiles, as defined in such 
     title, in any model year that differs from standards 
     promulgated for such automobiles prior to enactment of this 
     section.
       Sec. 323. Notwithstanding any other provision of law, the 
     Secretary of Transportation shall convey, without 
     consideration, all right, title, and interest of the United 
     States in and to the parcels of real property described in 
     this section, together with any improvements thereon, as the 
     Secretary considers appropriate for purposes of the 
     conveyance, to the entities described in this section, 
     namely: (1) United States Coast Guard Pass Manchac Light in 
     Tangipahoa Parish, Louisiana, to the State of Louisiana; 
     and (2) Tchefuncte River Range Rear Light in Madisonville, 
     Louisiana, to the Town of Madisonville, Louisiana.
       Sec. 324. None of the funds made available in this Act may 
     be used for the purpose of promulgating or enforcing any 
     regulation that has the practical effect of (a) requiring 
     more than one attendant during unloading of liquefied 
     compressed gases, or (b) preventing the attendant from 
     monitoring the customer's liquefied compressed gas storage 
     tank during unloading.
       Sec. 325. Notwithstanding 31 U.S.C. 3302, funds received by 
     the Bureau of Transportation Statistics from the sale of data 
     products, for necessary expenses incurred pursuant to 49 
     U.S.C. 111 may be credited to the Federal-aid highways 
     account for the purpose of reimbursing the Bureau for such 
     expenses: Provided, That such funds shall be subject to the 
     obligation limitation for Federal-aid highways and highway 
     safety construction.
       Sec. 326. None of the funds in this Act may be obligated or 
     expended for employee training which: (1) does not meet 
     identified needs for knowledge, skills and abilities bearing 
     directly upon the performance of official duties; (2) 
     contains elements likely to induce high levels of emotional 
     response or psychological stress in some participants; (3) 
     does not require prior employee notification of the content 
     and methods to be used in the training and written end of 
     course evaluations; (4) contains any methods or content 
     associated with religious or quasi-religious belief systems 
     or ``new age'' belief systems as defined in Equal Employment 
     Opportunity Commission Notice N-915.022, dated September 2, 
     1988; (5) is offensive to, or designed to change, 
     participants' personal values or lifestyle outside the 
     workplace; or (6) includes content related to human 
     immunodeficiency virus/acquired immune deficiency syndrome 
     (HIV/AIDS) other than that necessary to make employees more 
     aware of the medical ramifications of HIV/AIDS and the 
     workplace rights of HIV-positive employees.
       Sec. 327. None of the funds in this Act shall, in the 
     absence of express authorization by Congress, be used 
     directly or indirectly to pay for any personal service, 
     advertisement, telegram, telephone, letter, printed or 
     written matter, or other device, intended or designed to 
     influence in any manner a Member of Congress, to favor or 
     oppose, by vote or otherwise, any legislation or 
     appropriation by Congress, whether before or after the 
     introduction of any bill or resolution proposing such 
     legislation or appropriation: Provided, That this shall not 
     prevent officers or employees of the Department of 
     Transportation or related agencies funded in this Act from 
     communicating to Members of Congress on the request of any 
     Member or to Congress, through the proper official channels, 
     requests for legislation or appropriations which they deem 
     necessary for the efficient conduct of the public business.
       Sec. 328. Not to exceed $1,000,000 of the funds provided in 
     this Act for the Department of Transportation shall be 
     available for the necessary expenses of advisory committees: 
     Provided, That this limitation shall not apply to advisory 
     committees established for the purpose of conducting 
     negotiated rulemaking in accordance with the Negotiated 
     Rulemaking Act, 5 U.S.C. 561-570a, or the Coast Guard's 
     advisory council on roles and missions.
       Sec. 329. Bulk Fuel Storage Tanks. (a) Transfer of Funds.--
     Notwithstanding any other provision of law, the remainder of 
     the balance in the Trans-Alaska Pipeline Liability Fund that 
     is transferred and deposited into the Oil Spill Liability 
     Trust Fund under section 8102(a)(2)(B)(ii) of the Oil 
     Pollution Act of 1990 (43 U.S.C. 1653 note) after June 16, 
     1998 shall be used in accordance with this section.
       (b) Use of Interest Only.--The interest produced from the 
     investment of the Trans-Alaska Pipeline Liability Fund 
     balance that is transferred and deposited into the Oil Spill 
     Liability Trust Fund under section 8102(a)(2)(B)(ii) of the 
     Oil Pollution Act of 1990 (43 U.S.C. 1653 note) after June 
     16, 1998 shall be transferred annually by the National 
     Pollution Funds Center to the Denali Commission for a 
     program, to be developed in consultation with the Coast 
     Guard, to repair or replace bulk fuel storage tanks in Alaska 
     which are not in compliance with federal law, including the 
     Oil Pollution Act of 1990, or State law.
       (c) TAPS Payment to Alaska Dedicated to Bulk Fuel Storage 
     Tank Repair and Replacement.--Section 8102(a)(2)(B)(i) of 
     Public Law 101-380 (43 U.S.C. 1653 note) is amended by 
     inserting immediately before the semicolon, ``, which, except 
     as otherwise provided under article IX, section 15, of the 
     Alaska Constitution, shall be used for the remediation of 
     above-ground storage tanks''.
       Sec. 330. No funds other than those appropriated to the 
     Surface Transportation Board or fees collected by the Board 
     shall be used for conducting the activities of the Board.
       Sec. 331. (a) None of the funds made available in this Act 
     may be expended by an entity unless the entity agrees that in 
     expending the funds the entity will comply with the Buy 
     American Act (41 U.S.C. 10a-10c).
       (b) Sense of the Congress; Requirement Regarding Notice.--
       (1) Purchase of american-made equipment and products.--In 
     the case of any equipment or product that may be authorized 
     to be purchased with financial assistance provided using 
     funds made available in this Act, it is the sense of the 
     Congress that entities receiving the assistance should, in 
     expending the assistance, purchase only American-made 
     equipment and products to the greatest extent practicable.
       (2) Notice to recipients of assistance.--In providing 
     financial assistance using funds made available in this Act, 
     the head of each Federal agency shall provide to each 
     recipient of the assistance a notice describing the statement 
     made in paragraph (1) by the Congress.
       (c) Prohibition of Contracts With Persons Falsely Labeling 
     Products as Made in America.--If it has been finally 
     determined by a court or Federal agency that any person 
     intentionally affixed a label bearing a ``Made in America'' 
     inscription, or any inscription with the same meaning, to any 
     product sold in or shipped to the United States that is not 
     made in the United States, the person shall be ineligible to 
     receive any contract or subcontract made with funds made 
     available in this Act, pursuant to the debarment, suspension, 
     and ineligibility procedures described in sections 9.400 
     through 9.409 of title 48, Code of Federal Regulations.
       Sec. 332. Notwithstanding any other provision of law, 
     receipts, in amounts determined by the Secretary, collected 
     from users of fitness centers operated by or for the 
     Department of Transportation shall be available to support 
     the operation and maintenance of those facilities.
       Sec. 333. None of the funds in this Act shall be available 
     to implement or enforce regulations that would result in the 
     withdrawal of a slot from an air carrier at O'Hare 
     International Airport under section 93.223 of title 14 of the 
     Code of Federal Regulations in excess of the total slots 
     withdrawn from that air carrier as of October 31, 1993 if 
     such additional slot is to be allocated to an air carrier or 
     foreign air carrier under section 93.217 of title 14 of the 
     Code of Federal Regulations.
       Sec. 334. Notwithstanding 49 U.S.C. 41742, no essential air 
     service shall be provided to communities in the 48 contiguous 
     States that are located fewer than 70 highway miles from the 
     nearest large or medium hub airport, or that require a rate 
     of subsidy per passenger in excess of $200 unless such point 
     is greater than 210 miles from the nearest large or medium 
     hub airport.
       Sec. 335. Rebates, refunds, incentive payments, minor fees 
     and other funds received by the Department from travel 
     management centers, charge card programs, the subleasing of 
     building space, and miscellaneous sources are to be credited 
     to appropriations of the Department and allocated to elements 
     of the Department using fair and equitable criteria and such 
     funds shall be available until December 31, 1999.
       Sec. 336. Notwithstanding any other provision of law, rule 
     or regulation, the Secretary of Transportation is authorized 
     to allow the issuer of any preferred stock heretofore sold to 
     the Department to redeem or repurchase such stock upon the 
     payment to the Department of an amount determined by the 
     Secretary.
       Sec. 337. The unobligated balances of the funds made 
     available in previous appropriations Acts for the National 
     Civil Aviation Review Commission and for Urban Discretionary 
     Grants are rescinded.
       Sec. 338. (a) Notwithstanding any other provision of law--

[[Page H11172]]

       (1) the land and improvements thereto comprising the Coast 
     Guard Reserve Training Facility in Jacksonville, Florida, is 
     deemed to be surplus property; and
       (2) the Commandant of the Coast Guard shall dispose of all 
     right, title, and interest of the United States in and to 
     that property, by sale, at fair market value.
       (b) Right of First Refusal.--Before a sale is made under 
     subsection (a) to any other person, the Commandant of the 
     Coast Guard shall give to the City of Jacksonville, Florida, 
     the right of first refusal to purchase all or any part of the 
     property required to be sold under that subsection.
       Sec. 339. Of the funds provided under Federal Aviation 
     Administration ``Operations'', $250,000 is only for 
     activities and operations of the Centennial of Flight 
     Commission.
       Sec. 340. Notwithstanding any other provision of law, the 
     Secretary of Transportation shall waive repayment of any 
     Federal-aid highway funds expended on the construction of 
     those high occupancy lanes or auxiliary lanes constructed on 
     I-287 in the State of New Jersey, pursuant to section 338 of 
     the fiscal year 1993 Department of Transportation and Related 
     Agencies Appropriations Act (Public Law 102-388), if the 
     State of New Jersey presents the Secretary with its 
     determination that such high occupancy vehicle lanes or 
     auxiliary lanes are not in the public interest.
       Sec. 341. (a) Authority To Convey.--The Secretary of 
     Transportation may convey, without consideration, to the 
     State of North Carolina (in this section referred to as the 
     ``State''), all right, title, and interest of the United 
     States in and to a parcel of real property, together with any 
     improvements thereon, in Ocracoke, North Carolina, consisting 
     of such portion of the Coast Guard Station Ocracoke, North 
     Carolina, as the Secretary considers appropriate for purposes 
     of the conveyance.
       (b) Conditions.--The conveyance under subsection (a) shall 
     be subject to the following conditions:
       (1) That the State accept the property to be conveyed under 
     that subsection subject to such easements or rights of way in 
     favor of the United States as the Secretary considers to be 
     appropriate for--
       (A) utilities;
       (B) access to and from the property;
       (C) the use of the boat launching ramp on the property; and
       (D) the use of pier space on the property by search and 
     rescue assets.
       (2) That the State maintain the property in a manner so as 
     to preserve the usefulness of the easements or rights of way 
     referred to in paragraph (1).
       (3) That the State utilize the property for transportation, 
     education, environmental, or other public purposes.
       (c) Reversion.--(1) If the Secretary determines at any time 
     that the property conveyed under subsection (a) is not to be 
     used in accordance with subsection (b), all right, title, and 
     interest in and to the property, including any improvements 
     thereon, shall revert to the United States, and the United 
     States shall have the right of immediate entry thereon.
       (2) Upon reversion under paragraph (1), the property shall 
     be under the administrative jurisdiction of the Administrator 
     of General Services.
       (d) Description of Property.--The exact acreage and legal 
     description of the property conveyed under subsection (a), 
     and any easements or rights of way granted under subsection 
     (b)(1), shall be determined by a survey satisfactory to the 
     Secretary. The cost of the survey shall be borne by the 
     State.
       (e) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions with respect to 
     the conveyance under subsection (a), and any easements or 
     rights of way granted under subsection (b)(1), as the 
     Secretary considers appropriate to protect the interests of 
     the United States.
       Sec. 342. Notwithstanding any other provision of law, funds 
     appropriated in this or any other Act intended for highway 
     demonstration projects, railroad-highway crossings 
     demonstration projects or railroad relocation projects in 
     Augusta, Georgia are available for implementation of a 
     project consisting of modifications and additions to streets, 
     railroads, and related improvements in the vicinity of the 
     grade crossing of the CSX railroad and 15th Street in 
     Augusta, Georgia.
       Sec. 343. (a) None of the funds made available by this Act 
     or subsequent Acts may be used by the Coast Guard to issue, 
     implement, or enforce a regulation or to establish an 
     interpretation or guideline under the Edible Oil Regulatory 
     Reform Act (Public Law 104-55), or the amendments made by 
     that Act, that does not recognize and provide for, with 
     respect to fats, oils, and greases (as described in that Act, 
     or the amendments made by that Act) differences in--
       (1) physical, chemical, biological and other relevant 
     properties; and
       (2) environmental effects.
       (b) Not later than March 31, 1999, the Secretary of 
     Transportation shall issue regulations amending 33 CFR 154 to 
     comply with the requirements of Public Law 104-55.
       Sec. 344. Funding made available in Public Law 105-174 for 
     emergency railroad rehabilitation and repair shall be 
     available for repairs resulting from natural disasters 
     occurring from September 1996 through July 10, 1998.
       Sec. 345. For purposes of evaluating environmental impacts 
     of the toll road in Orange and San Diego counties, 
     California, the Administrator of the Federal Highway 
     Administration and other participating Federal agencies shall 
     consider only those transportation alternatives previously 
     identified by regional planning processes and shall restrict 
     agency comments to those matters over which the agency has 
     direct jurisdiction: Provided, That notwithstanding any 
     inter-agency memoranda of understanding, the Administrator of 
     the Federal Highway Administration shall retain and exercise 
     all authority regarding the form, content and timing of any 
     environmental impact statement and record of decision 
     regarding the toll road, including the evaluation and 
     selection of alternatives and distribution of draft and final 
     environmental impact statements.
       Sec. 346. (a) Notwithstanding any other law, the 
     Commandant, United States Coast Guard, shall convey to the 
     University of South Alabama (in this section referred to as 
     ``the recipient''), the right, title, and interest of the 
     United States Government in and to a decommissioned vessel of 
     the Coast Guard, as determined appropriate by the Commandant 
     and the recipient, if--
       (1) the recipient agrees to use the vessel for the purposes 
     of supporting archaeological and historical research in the 
     Mobile Bay Delta;
       (2) the recipient agrees not to use the vessel for 
     commercial transportation purposes, except as incident to the 
     provision of logistics services in connection with the Old 
     Mobile Archaeological Project;
       (3) The recipient agrees to make the vessel available to 
     the Government if the Commandant requires use of the vessel 
     by the Government in times of war or national emergency;
       (4) the recipient agrees to hold the Government harmless 
     for any claims arising from exposure to hazardous materials 
     including, but not limited to, asbestos and polychlorinated 
     biphenyls (PCBs), after conveyance of the vessel, except for 
     claims arising from use by the Government under paragraph 
     (3);
       (5) the recipient has funds available to be committed for 
     use to restore the vessel to operation and thereafter 
     maintain it in good working condition, in the amount of at 
     least $400,000; and
       (6) the recipient agrees to any other conditions that the 
     Secretary considers appropriate.
       (b) Delivery of Vessel.--If a conveyance is made under this 
     section, the Commandant shall deliver the vessel at the place 
     where the vessel is located, in its present condition, 
     without cost to the Government. The conveyance of this vessel 
     shall not be considered a distribution in commerce for 
     purposes of section 2605(e) of title 15, United States Code.
       (c) Other Unneeded Equipment.--The Commandant may convey to 
     the recipient any unneeded equipment or parts from other 
     decommissioned vessels pending disposition for use to restore 
     the vessel to operability. The Commandant may require 
     compensation from the recipient for such items.
       (d) Applicable Laws and Regulations.--The vessel shall at 
     all times remain subject to applicable vessel safety laws and 
     regulations.
       Sec. 347. Item 1132 in section 1602 of the Transportation 
     Equity Act for the 21st Century (112 Stat. 298), relating to 
     Mississippi, is amended by striking ``Pirate Cove'' and 
     inserting ``Pirates' Cove and 4-lane connector to Mississippi 
     Highway 468''.
       Sec. 348. (a) Authority To Convey Coast Guard Property to 
     Jacksonville University in Jacksonville, Florida.--
       (1) In general.--The Secretary of Transportation may convey 
     to Jacksonville University, located in Jacksonville, Florida, 
     without consideration, all right, title, and interest of the 
     United States in and to the property comprising the Long 
     Branch Rear Range Light, Jacksonville, Florida.
       (2) Identification of property.--The Secretary may 
     identify, describe, and determine the property to be conveyed 
     under this section.
       (b) Terms and Conditions.--Any conveyance of any property 
     under this section shall be made--
       (1) subject to such terms and conditions as the Commandant 
     may consider appropriate; and
       (2) subject to the condition that all right, title, and 
     interest in and to the property conveyed shall immediately 
     revert to the United States if the property, or any part 
     thereof, ceases to be used by Jacksonville University.
       Sec. 349. For necessary expenses of the Amtrak Reform 
     Council authorized under section 203 of Public Law 105-134, 
     $450,000, to remain available until September 30, 2000: 
     Provided, That none of the funds provided under this heading 
     shall be for payments to outside consultants: Provided 
     further, That the duties of the Amtrak Reform Council 
     described in section 203(g)(1) of Public Law 105-134 shall 
     include the identification of Amtrak routes which are 
     candidates for closure or realignment, based on performance 
     rankings developed by Amtrak which incorporate information on 
     each route's fully allocated costs and ridership on core 
     intercity passenger service, and which assume, for purposes 
     of closure or realignment candidate identification, that 
     federal subsidies for Amtrak will decline over the 4-year 
     period from fiscal year 1999 to fiscal year 2002: Provided 
     further, That these closure or realignment recommendations 
     shall be included in the Amtrak Reform Council's annual 
     report to the Congress required by section 203(h) of Public 
     Law 105-134.
       Sec. 350. Notwithstanding any other provision of law, the 
     Secretary shall approve and the State of New York is 
     authorized to proceed with engineering, final design and 
     construction of additional entrances and exits between exits 
     57 and 58 on Interstate 495 in Suffolk County, New York. The 
     Secretary may review final design of such project.
       Sec. 351. (a) Section 30113 of title 49, United States 
     Code, is amended--
       (1) in subsection (b)--
       (A) in paragraph (1), by inserting ``or passenger motor 
     vehicles from a bumper standard prescribed under chapter 325 
     of this title,'' after ``a motor vehicle safety standard 
     prescribed under this chapter''; and
       (B) in paragraph (3)(A), by inserting ``or chapter 325 of 
     this title (as applicable)'' after ``this chapter'';
       (2) in subsection (c)(1), by inserting ``, or a bumper 
     standard prescribed under chapter 325

[[Page H11173]]

     of this title,'' after ``motor vehicle safety standard 
     prescribed under this chapter'';
       (3) in subsection (d), by inserting ``(including an 
     exemption under subsection (b)(3)(B)(i) relating to a bumper 
     standard referred to in subsection (b)(1))'' after 
     ``subsection (b)(3)(B)(i) of this section''; and
       (4) in subsection (h), by inserting ``or bumper standard 
     prescribed under chapter 325 of this title'' after ``each 
     motor vehicle safety standard prescribed under this 
     chapter''.
       (b) Conforming Amendments.--
       (1) Section 32502(c) of title 49, United States Code, is 
     amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``any part of a standard'' and inserting ``all or any part of 
     a standard'';
       (B) in paragraph (1), by striking ``or'' at the end;
       (C) in paragraph (2), by striking the period and inserting 
     ``; or''; and
       (D) by adding at the end the following:
       ``(3) a passenger motor vehicle for which an application 
     for an exemption under section 30013(b) of this title has 
     been filed in accordance with the requirements of that 
     section.''.
       (2) Section 32506(a) of title 49, United States Code, is 
     amended by inserting ``and section 32502 of this title'' 
     after ``Except as provided in this section''.
       Sec. 352. Notwithstanding any other provision of law, 
     $10,000,000 of funds available under section 104(a) of title 
     23 U.S.C., shall be made available to the University of 
     Alabama in Tuscaloosa, Alabama, for research activities at 
     the Transportation Research Institute and to construct a 
     building to house the Institute, and shall remain available 
     until expended.
       Sec. 353. Discretionary grants funds for bus and bus-
     related facilities made available in this Act and in Public 
     Law 105-66 and its accompanying conference report for the 
     Virtual Transit Enterprise project shall be used to fund any 
     aspect of the Virtual Transit Enterprise integration of 
     information project in South Carolina.
       Sec. 354. Section 3021 of the Transportation Equity Act for 
     the 21st Century (Public Law 105-178) is amended--
       (1) in subsection (a), by inserting ``or the State of 
     Vermont'' after ``the State of Oklahoma''; and
       (2) in subsection (b)(2)(A), by inserting ``and the State 
     of Vermont'' after ``within the State of Oklahoma''.
       Sec. 355. Section 3 of the Act of July 17, 1952 (66 Stat. 
     746, chapter 921), and section 3 of the Act of July 17, 1952 
     (66 Stat. 571, chapter 922), are each amended in the 
     proviso--
       (1) by striking ``That'' and all that follows through ``the 
     collection of'' and inserting ``That the commission may 
     collect''; and
       (2) by striking ``, shall cease'' and all that follows 
     through the period at the end and inserting a period.
       Sec. 356. Section 1212(m) of Public Law 105-178 is 
     amended--(1) in the subsection heading, by inserting ``, 
     Idaho, Alaska and West Virginia'' after ``Minnesota''; and 
     (2) by inserting ``or the States of Idaho, Alaska or West 
     Virginia'' after ``Minnesota''.
       Sec. 357. Notwithstanding any other provision of law, funds 
     obligated and awarded in fiscal year 1994 by the Economic 
     Development Administration in the amount of $912,000 to the 
     City of Pittsburg, Kansas, as Project Number 05-19-61200 for 
     water, sewer and street improvements shall be disbursed to 
     the City upon determination by the EDA that the improvements 
     have been completed in accordance with the project 
     description in the award documents.
       Sec. 358. Section 3030(d)(3) of the Transportation Equity 
     Act for the 21st Century (Public Law 105-178) is amended by 
     adding at the end the following:
       ``(C) Saint Barnard Parish, Louisiana intermodal 
     facility.''.
       Sec. 359. The Secretary of Transportation is authorized to 
     transfer funds appropriated for any office of the Office of 
     the Secretary to any other office of the Office of the 
     Secretary: Provided, That no appropriation shall be increased 
     or decreased by more than 12 per centum by all such 
     transfers: Provided further, That any such transfer shall be 
     submitted for approval to the House and Senate Committees on 
     Appropriations.
       Sec. 360. Section 3027 of the Transportation Equity Act for 
     the 21st Century (49 U.S.C. 5307 note; 112 Stat. 366) is 
     amended by adding at the end the following:
       ``(3) Services for elderly and persons with disabilities.--
     In addition to assistance made available under paragraph (1), 
     the Secretary may provide assistance under section 5307 of 
     title 49, United States Code, to a transit provider that 
     operates 20 or fewer vehicles in an urbanized area with a 
     population of at least 200,000 to finance the operating costs 
     of equipment and facilities used by the transit provider in 
     providing mass transportation services to elderly and persons 
     with disabilities, provided that such assistance to all 
     entities shall not exceed $1,000,000 annually.''.
       Sec. 361. Hereafter, the Commonwealth of Virginia shall 
     have the exclusive authority to determine the high-occupancy 
     vehicle restrictions applicable to Interstate Highway 66 in 
     Virginia.
       Sec. 362. None of the funds appropriated by this Act may be 
     used to issue a final standard under docket number NHTSA 98-
     3945 (relating to section 656(b) of the Illegal Immigration 
     Reform and Responsibility Act of 1996).
       Sec. 363. Items 178 and 1547 in section 1602 of the 
     Transportation Equity Act for the 21st Century (Public Law 
     105-178), relating to Georgia, are amended by adding at the 
     end the following: ``and construct improvements to said 
     corridor''.
       Sec. 364. Notwithstanding any other provision of law, the 
     Secretary shall approve the construction of Type II noise 
     barriers from funds apportioned under sections 104(b)(1) and 
     104(b)(3) of title 23, United States Code, at the following 
     locations:
       (a) beginning on the north and south sides of Interstate 
     Route 20 extending from H.E. Holmes Road to Fulton Industrial 
     Boulevard in Fulton County, Georgia;
       (b) beginning on the north and south sides of Interstate 
     Route 20 extending from Flat Shoals Road to Columbia Drive in 
     DeKalb County, Georgia; and
       (c) beginning on the west side of Interstate Route 75 
     extending from Howell Mill Road to West Paces Ferry Road in 
     Fulton County, Georgia.
       Sec. 365. Notwithstanding any other provision of law, 
     except as otherwise provided in this section, the Secretary 
     shall approve and the State of Alabama is authorized to 
     proceed with construction of the East Foley corridor project 
     from Baldwin County Highway 20 to State Highway 59, 
     identified in items 857 and 1501 in the table contained in 
     Section 1602 of the Transportation Equity Act for the 21st 
     Century (Public Law 105-178). Environmental reviews performed 
     by the Alabama Department of Environmental Management and the 
     Mobile District of the U.S. Army Corps of Engineers and all 
     other non-environmental federal laws shall remain in effect.
       Sec. 366. Item 1083 contained in section 1602 of the 
     Transportation Equity Act for the 21st Century (112 Stat. 
     297) is amended by striking ``between Southwest Drive and 
     U.S. 277''.
       Sec. 367. Notwithstanding any other provision of Federal 
     law, the State of Minnesota may obligate funds apportioned in 
     fiscal years 1998 through 2003 pursuant to section 117 of 
     title 23, United States Code, for high priority project 
     numbers 1628 and 1195 authorized in section 1602 of the 
     Transportation Equity Act for the 21st Century (Public Law 
     105-178): Provided, That such obligation shall be subject to 
     the allocation percentages of section 1602(b) as modified by 
     section 1212(m) of the Transportation Equity Act for the 21st 
     Century (Public Law 105-178).
       Sec. 368. Item number 577 in the table contained in Section 
     1602 of the Transportation Equity Act for the 21st Century 
     (Public Law 105-178) is amended by striking ``Construct'' and 
     all that follows through ``Ketchikan'' and insert ``For the 
     purposes set forth in item number 1496''.
       Sec. 369. Section 5117(b)(6) of the Transportation Equity 
     Act for the 21st Century (23 U.S.C. 502 note; 112 Stat. 450) 
     is amended by striking ``Pennsylvania Transportation 
     Institute'' and inserting ``Commonwealth of Pennsylvania''.
       Sec. 370. Section 5204 of the Transportation Equity Act for 
     the 21st Century (23 U.S.C. 502 note; 112 Stat. 453-455) is 
     amended by adding at the end the following:
       ``(k) Use of Rights-of-Way.--Intelligent transportation 
     system projects specified in section 5117(b)(3) and 
     5117(b)(6) and involving privately owned intelligent 
     transportation system components that is carried out using 
     funds made available from the Highway Trust Fund shall not be 
     subject to any law or regulation of a State or political 
     subdivision of a State prohibiting or regulating commercial 
     activities in the rights-of-way of a highway for which 
     Federal-aid highway funds have been utilized for planning, 
     design, construction, or maintenance, if the Secretary of 
     Transportation determines that such use is in the public 
     interest. Nothing in this subsection shall affect the 
     authority of a State or political subdivision of a State to 
     regulate highway safety.''.
       Sec. 371. (a) The Commandant of the Coast Guard shall 
     convey, without consideration, to the Town of New Castle, New 
     Hampshire (in this section referred to as the ``Town''), all 
     right, title, and interest of the United States in and to a 
     parcel of real property comprising approximately 2 acres and 
     having approximately 100 feet of ocean front that is located 
     in New Castle, New Hampshire. The property is bordered to the 
     west by property owned by the Town and to the east by Coast 
     Guard Station Portsmouth Harbor, New Hampshire.
       (b)(1) The Commandant shall, in connection with the 
     conveyance required by subsection (a), grant to the Town such 
     easements and rights-of-way as the Commandant considers 
     necessary to permit access to the property conveyed under 
     that subsection.
       (2) The Commandant may, in connection with the conveyance 
     required by subsection (a), reserve in favor of the United 
     States such easements and rights-of-way as the Commandant 
     considers necessary to protect the interests of the United 
     States.
       (c)(1) The conveyance of property under subsection (a) 
     shall be subject to the following conditions:
       (A) That the property, or any portion thereof, shall revert 
     to the United States if the Commandant determines that such 
     property is required by the United States for purposes of the 
     national security of the United States.
       (B) That the property, or any portion thereof, shall revert 
     to the United States if the Commandant determines that such 
     property is required by the United States for purposes of a 
     site for an aid to navigation.
       (2)(A) At least 30 days before the date of the reversion of 
     property under paragraph (1)(A), the Commandant shall provide 
     the Town written notice that the property is required for 
     purposes of the national security of the United States.
       (B) At least 30 days before the date of the reversion of 
     property under paragraph (1)(B), the Commandant shall provide 
     the Town written notice that the property is required for 
     purposes of a site for an aid to navigation.
       (d)(1) Notwithstanding any other provision of the Land and 
     Water Conservation Fund Act of 1965, Public Law 88-578, as 
     amended, or other law, the Coast Guard property conveyed to 
     New Castle, New Hampshire pursuant to subsection (a) may be 
     used to replace a portion of Land and Water Conservation 
     Fund-assisted land in New Castle, New Hampshire under project 
     number 33-00077: Provided, That the replacement

[[Page H11174]]

     property satisfactorily meets the conversion criteria 
     regarding reasonably equivalent recreation usefulness and 
     location.
       (2) The Town may not use the property referred to in 
     paragraph (1) for the purpose specified in that paragraph 
     unless the property conveyed under subsection (a) provides 
     opportunities for recreational activities that are reasonably 
     similar to the opportunities for recreational activities 
     provided by the property referred to in paragraph (1).
       (e) The Commandant may require such additional terms and 
     conditions in connection with the conveyance under subsection 
     (a), and the grants of any easements or rights-of-way under 
     subsection (b), as the Commandant considers appropriate to 
     protect the interests of the United States.
       Sec. 372. None of the Funds made available under this Act 
     or any other Act, may be used to implement, carry out, or 
     enforce any regulation issued under section 41705 of title 
     49, United States Code, including any regulation contained in 
     part 382 of title 14, Code of Federal Regulations, or any 
     other provision of law (including any Act of Congress, 
     regulation, or Executive order or any official guidance or 
     correspondence thereto), that requires or encourages an air 
     carrier (as that term is defined in section 40102 of title 
     49, United States Code) to, on intrastate or interstate air 
     transportation (as those terms are defined in section 40102 
     of title 49, United States Code)--
       (1) provide a peanut-free buffer zone or any other related 
     peanut-restricted area; or
       (2) restrict the distribution of peanuts,
     until 90 days after submission to the Congress and the 
     Secretary of a peer-reviewed scientific study that determines 
     that there are severe reactions by passengers to peanuts as a 
     result of contract with very small airborne peanut particles 
     of the kind that passengers might encounter in an aircraft.

     SEC. 373. MODIFICATION OF SUBSTITUTE PROJECT IN WISCONSIN.

       Section 1045 of the Intermodal Surface Transportation 
     Efficiency Act of 1991 (105 Stat. 1994) is amended in 
     subsection (a) by striking paragraph (a)(2) and inserting the 
     following:
       ``(2)(A) For six months after the date of enactment of this 
     paragraph, the provisions set forth in paragraph (2)(B) shall 
     apply to all of the funds identified in this section after 
     such time, the provisions set forth in paragraph (2)(B) to 
     fifty percent of the funds identified in this section, and 
     the provisions of paragraph (2)(C) shall apply to fifty 
     percent of the funds identified in this section.''
       ``(B) Notwithstanding paragraph (1) and subsection (c) of 
     this section, upon the request of the Governor of the State 
     of Wisconsin, after consultation with appropriate local 
     government officials, submitted by October 1, 2000, the 
     Secretary may approve one or more substitute projects in lieu 
     of the substitute project approved by the Secretary under 
     paragraph (1) and subsection (c) of this section.''
       ``(C) Notwithstanding paragraph (1) and subsection (c) of 
     this section, upon the request of the Governor of the State 
     of Wisconsin, submitted by October 1, 2000, the Secretary 
     shall approve one or more substitute projects in lieu of the 
     substitute project approved by the Secretary under paragraph 
     (1) and subsection (c) of this section.''.
       This Act may be cited as the ``Department of Transportation 
     and Related Agencies Appropriations Act, 1999''.
       (h) For programs, projects or activities in the Treasury 
     and General Government Appropriations Act, 1999, provided as 
     follows, to be effective as if it had been enacted into law 
     as the regular appropriations Act:
     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

                  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, $123,151,000: Provided, That the Office of 
     Foreign Assets Control shall be funded at no less than 
     $6,560,800: Provided further, That the Department is 
     authorized to charge both direct and indirect costs to the 
     Office of Foreign Assets Control in the implementation of 
     this floor: Provided further, That the methodology for 
     applying such charges will be the same method used in 
     developing the Departmental Offices Fiscal Year 1999 
     President's Budget Justification to the Congress.

                         Automation Enhancement


                     (including transfer of funds)

       For development and acquisition of automatic data 
     processing equipment, software, and services for the 
     Department of the Treasury, $28,690,000: Provided, That these 
     funds shall remain available until September 30, 2000: 
     Provided further, That these funds shall be transferred to 
     accounts and in amounts as necessary to satisfy the 
     requirements of the Department's offices, bureaus, and other 
     organizations: Provided further, That this transfer authority 
     shall be in addition to any other transfer authority provided 
     in this Act: Provided further, That none of the funds 
     appropriated shall be used to support or supplement the 
     Internal Revenue Service appropriations for Information 
     Systems: Provided further, That $6,000,000 of the funds 
     appropriated for the Customs Modernization project may not be 
     transferred to the United States Customs Service or obligated 
     until the Treasury's Chief Information Officer, through the 
     Treasury Investment Review Board, concurs on the plan and 
     milestone schedule for the deployment of the system: Provided 
     further, That $6,000,000 of the funds made available for the 
     Customs Modernization project may not be obligated for any 
     major system investments prior to the development of an 
     architecture which is compliant with the Treasury Information 
     Systems Architecture Framework (TISAF) and the establishment 
     of measures to enforce compliance with the architecture.

                      Office of Inspector General


                         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, $24,000,000: 
     Provided, That funds appropriated in this account may be 
     used to procure personal services contracts.

                    Violent Crime Reduction Programs


                     (including transfer of funds)

       For activities authorized by Public Law 103-322, to remain 
     available until expended, which shall be derived from the 
     Violent Crime Reduction Trust Fund, as follows:
       (1) As authorized by section 190001(e), $119,000,000; of 
     which $3,000,000 shall be available to the Bureau of Alcohol, 
     Tobacco and Firearms for administering the Gang Resistance 
     Education and Training program; of which $1,400,000 shall be 
     available to the Financial Crimes Enforcement Network; of 
     which $22,628,000 shall be available to the United States 
     Secret Service, including $6,700,000 for vehicle replacement, 
     $5,000,000 for investigations of counterfeiting, $7,732,000 
     for the 2000 candidate/nominee protection program, and 
     $3,196,000 for forensic and related support of investigations 
     of missing and exploited children, of which $1,196,000 shall 
     be available as a grant for activities related to the 
     investigations of exploited children and shall remain 
     available until expended; of which $65,472,000 shall be 
     available for the United States Customs Service, including 
     $54,000,000 for narcotics detection technology, $9,500,000 
     for the passenger processing initiative, $972,000 for 
     construction of canopies for inspection of outbound vehicles 
     along the Southwest border, and $1,000,000 for technology 
     investments related to the Cyber-Smuggling Center; of which 
     $2,500,000 shall be available to the Office of National Drug 
     Control Policy, including $1,000,000 for Model State Drug Law 
     Conferences, and $1,500,000 to expand the Milwaukee, 
     Wisconsin High Intensity Drug Trafficking Area; and of which 
     $24,000,000 shall be available for Interagency Crime and Drug 
     Enforcement;
       (2) As authorized by section 32401, $13,000,000 to the 
     Bureau of Alcohol, Tobacco and Firearms for disbursement 
     through grants, cooperative agreements, or contracts to local 
     governments for Gang Resistance Education and Training: 
     Provided, That notwithstanding sections 32401 and 310001, 
     such funds shall be allocated to State and local law 
     enforcement and prevention organizations.

                Federal Law Enforcement Training Center


                         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; 
     $71,923,000, of which up to $13,843,000 for materials and 
     support costs of Federal law enforcement basic training shall 
     remain available until September 30, 2001: Provided, That the 
     Center is authorized

[[Page H11175]]

     to accept and use gifts of property, both real and personal, 
     and to accept services, for authorized purposes, including 
     funding of a gift of intrinsic value which shall be awarded 
     annually by the Director of the Center to the outstanding 
     student who graduated from a basic training program at the 
     Center during the previous fiscal year, which shall be funded 
     only by gifts received through the Center's gift authority: 
     Provided further, That notwithstanding any other provision of 
     law, students attending training at any Federal Law 
     Enforcement Training Center site shall reside in on-Center or 
     Center-provided housing, insofar as available and in 
     accordance with Center policy: Provided further, That funds 
     appropriated in this account shall be available, at the 
     discretion of the Director, for the following: training 
     United States Postal Service law enforcement personnel and 
     Postal police officers; State and local government law 
     enforcement training on a space-available basis; training of 
     foreign law enforcement officials on a space-available basis 
     with reimbursement of actual costs to this appropriation, 
     except that reimbursement may be waived by the Secretary for 
     law enforcement training activities in foreign countries 
     undertaken pursuant to section 801 of the Antiterrorism and 
     Effective Death Penalty Act of 1996, Public Law 104-32; 
     training of private sector security officials on a space-
     available basis with reimbursement of actual costs to this 
     appropriation; and travel expenses of non-Federal personnel 
     to attend course development meetings and training sponsored 
     by the Center: Provided further, That the Center is 
     authorized to obligate funds in anticipation of 
     reimbursements from agencies receiving training sponsored by 
     the Federal Law Enforcement Training Center, except that 
     total obligations at the end of the fiscal year shall not 
     exceed total budgetary resources available at the end of the 
     fiscal year: Provided further, That the Federal Law 
     Enforcement Training Center is authorized to provide training 
     for the Gang Resistance Education and Training program to 
     Federal and non-Federal personnel at any facility in 
     partnership with the Bureau of Alcohol, Tobacco and Firearms: 
     Provided further, That the Federal Law Enforcement Training 
     Center is authorized to provide short-term medical services 
     for students undergoing training at the Center.


     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, $34,760,000, to remain 
     available until expended.

                      Interagency Law Enforcement


                 interagency crime and drug enforcement

       For expenses necessary for the detection and investigation 
     of individuals involved in organized crime drug trafficking, 
     including cooperative efforts with State and local law 
     enforcement, $51,900,000, of which $7,827,000 shall 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.


                         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, 
     $3,317,960,000.

                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 812 
     vehicles for police-type use, of which 650 shall be for 
     replacement only, and hire of passenger motor vehicles; hire 
     of aircraft; services of expert witnesses at such rates as 
     may be determined by the Director; for payment of per diem 
     and/or subsistence allowances to employees where an 
     assignment to the National Response Team during the 
     investigation of a bombing or arson incident requires an 
     employee to work 16 hours or more per day or to remain 
     overnight at his or her post of duty; not to exceed $15,000 
     for official reception and representation expenses; for 
     training of State and local law enforcement agencies with or 
     without reimbursement, including training in connection with 
     the training and acquisition of canines for explosives and 
     fire accelerants detection; and provision of laboratory 
     assistance to State and local agencies, with or without 
     reimbursement; $541,574,000, of which $2,206,000 shall not be 
     available for obligation until September 30, 1999; of which 
     $27,000,000 may be used for the Youth Crime Gun Interdiction 
     Initiative; of which not to exceed $1,000,000 shall be 
     available for the payment of attorneys' fees as provided by 
     18 U.S.C. 924(d)(2); and of which $1,000,000 shall be 
     available for the equipping of any vessel, vehicle, 
     equipment, or aircraft available for official use by a State 
     or local law enforcement agency if the conveyance will be 
     used in joint law enforcement operations with the Bureau of 
     Alcohol, Tobacco and Firearms and for the payment of overtime 
     salaries, travel, fuel, training, equipment, and other 
     similar costs of State and local law enforcement personnel, 
     including sworn officers and support personnel, that are 
     incurred in joint operations with the Bureau of Alcohol, 
     Tobacco and Firearms: Provided, That no funds made available 
     by this or any other Act may be used to transfer the 
     functions, missions, or activities of the Bureau of Alcohol, 
     Tobacco and Firearms to other agencies or Departments in 
     fiscal year 1999: Provided further, That of the funds made 
     available, $4,500,000 shall be made available for the 
     expansion of the National Tracing Center: Provided further, 
     That no funds appropriated herein shall be available for 
     salaries or administrative expenses in connection with 
     consolidating or centralizing, within the Department of the 
     Treasury, the records, or any portion thereof, of acquisition 
     and disposition of firearms maintained by Federal firearms 
     licensees: Provided further, That no funds appropriated 
     herein shall be used to pay administrative expenses or the 
     compensation of any officer or employee of the United States 
     to implement an amendment or amendments to 27 CFR 178.118 or 
     to change the definition of ``Curios or relics'' in 27 CFR 
     178.11 or remove any item from ATF Publication 5300.11 as it 
     existed on January 1, 1994: Provided further, That none of 
     the funds appropriated herein shall be available to 
     investigate or act upon applications for relief from Federal 
     firearms disabilities under 18 U.S.C. 925(c): Provided 
     further, That such funds shall be available to investigate 
     and act upon applications filed by corporations for relief 
     from Federal firearms disabilities under 18 U.S.C. 925(c): 
     Provided further, That no funds in this Act may be used to 
     provide ballistics imaging equipment to any State or local 
     authority who has obtained similar equipment through a 
     Federal grant or subsidy unless the State or local authority 
     agrees to return that equipment or to repay that grant or 
     subsidy to the Federal Government: Provided further, That no 
     funds under this Act may be used to electronically retrieve 
     information gathered pursuant to 18 U.S.C. 923(g)(4) by name 
     or any personal identification code.

                     United States Customs Service


                         salaries and expenses

       For necessary expenses of the United States Customs 
     Service, including purchase and lease of up to 1,050 motor 
     vehicles of which 550 are for replacement only and of which 
     1,030 are for police-type use and commercial operations; hire 
     of motor vehicles; contracting with individuals for personal 
     services abroad; not to exceed $40,000 for official reception 
     and representation expenses; and awards of compensation to 
     informers, as authorized by any Act enforced by the United 
     States Customs Service, $1,642,565,000, of which such sums as 
     become available in the Customs User Fee Account, except sums 
     subject to section 13031(f)(3) of the Consolidated Omnibus 
     Budget Reconciliation Act of 1985, as amended (19 U.S.C. 
     58c(f)(3)), shall be derived from that Account; of the total, 
     not to exceed $150,000 shall be available for payment for 
     rental space in connection with preclearance operations, not 
     to exceed $4,000,000 shall be available until expended for 
     research, not to exceed $5,000,000 shall be available until 
     expended for conducting special operations pursuant to 19 
     U.S.C. 2081, and up to $8,000,000 shall be available until 
     expended for the procurement of automation infrastructure 
     items, including hardware, software, and installation: 
     Provided, That uniforms may be purchased without regard to 
     the general purchase price limitation for the current fiscal 
     year: Provided further, That of the amount provided, an 
     additional $2,400,000 shall be made available for staffing 
     and resources for the child pornography cybers muggling 
     initiative: Provided further, That $500,000 shall be 
     available to fund the expansion of services at the Vermont 
     World Trade Office: Provided further, That not to exceed 
     $2,500,000 shall be available until expended for relocation 
     of the Customs Air Branch from Belle Chase to Hammond, 
     Louisiana: Provided further, That notwithstanding any other 
     provision of law, the fiscal year aggregate overtime 
     limitation prescribed in subsection 5(c)(1) of the Act of 
     February 13, 1911 (19 U.S.C. 261 and 267) shall be $30,000: 
     Provided further, That of the amount provided, $9,500,000 
     shall not be available for obligation until September 30, 
     1999.


  operation, 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 following: the interdiction 
     of narcotics and other goods; the provision of support to 
     Customs and other Federal, State, and local agencies in the 
     enforcement or administration of laws enforced by the Customs 
     Service; and, at the discretion of the Commissioner of 
     Customs, the provision of assistance to Federal, State, and 
     local agencies in other law enforcement and emergency 
     humanitarian efforts, $113,688,000, which shall remain 
     available until expended: Provided, That no aircraft or other 
     related equipment, with the exception of aircraft which is 
     one of a kind and has been identified as excess to Customs 
     requirements and aircraft which has been damaged beyond 
     repair, shall be transferred to any other Federal agency, 
     department, or office outside of the Department of the 
     Treasury, during fiscal year 1999 without the prior approval 
     of the Committees on Appropriations.


                   harbor maintenance fee collection

                     (including transfer of funds)

       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 
     $2,000,000 shall remain available until September

[[Page H11176]]

     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 
     section 104 of Public Law 101-136 (103 Stat. 789) for costs 
     and services performed by the Bureau in the administration of 
     such funds.

                        Internal Revenue Service


                 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; $3,086,208,000, of which up 
     to $3,700,000 shall be for the Tax Counseling for the Elderly 
     Program, and of which not to exceed $25,000 shall be for 
     official reception and representation expenses: Provided, 
     That of the amount provided, $105,000,000 shall remain 
     available until expended for postage and shall not be 
     obligated before September 30, 1999: Provided further, That, 
     pursuant to 39 U.S.C. 3206(a), funds shall continue to be 
     provided to the United States Postal Service for postage due: 
     Provided further, That of the amount provided, $25,000,000 
     shall not be available for obligation until September 30, 
     1999.


                          Tax Law Enforcement

       For necessary expenses of the Internal Revenue Service for 
     determining and establishing tax liabilities; providing 
     litigation support; issuing technical rulings; examining 
     employee plans and exempt organizations; conducting criminal 
     investigation and enforcement activities; securing unfiled 
     tax returns; collecting unpaid accounts; compiling statistics 
     of income and conducting compliance research; purchase (for 
     police-type use, not to exceed 850) and hire of passenger 
     motor vehicles (31 U.S.C. 1343(b)); and services as 
     authorized by 5 U.S.C. 3109, at such rates as may be 
     determined by the Commissioner, $3,164,189,000.


             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, 
     $1,265,456,000, which shall remain available until September 
     30, 2000, and of which $103,000,000 shall be available only 
     for improvements to customer service.


                   Information Technology Investments

       For necessary expenses of the Internal Revenue Service, 
     $211,000,000, to remain available until September 30, 2002, 
     for the capital asset acquisition of information technology 
     systems, including management and related contractual costs 
     of such acquisition, and including contractual costs 
     associated with operations authorized by 5 U.S.C. 3109: 
     Provided, That none of these funds is available for 
     obligation until September 30, 1999: Provided further, That 
     none of these funds shall be obligated until the Internal 
     Revenue Service and the Department of the Treasury submit to 
     Congress for approval, a plan for expenditure that: (1) 
     implements the Internal Revenue Service's Modernization 
     Blueprint submitted to Congress on May 15, 1997; (2) meets 
     the information systems investment guidelines established by 
     the Office of Management and Budget and in the fiscal year 
     1998 budget; (3) is reviewed and approved by the Office of 
     Management and Budget, the Department of the Treasury's IRS 
     Management Board, and is reviewed by the General Accounting 
     Office; (4) meets the requirements of the May 15, 1997 
     Internal Revenue Service's Systems Life Cycle program; and 
     (5) is in compliance with acquisition rules, requirements, 
     guidelines, and systems acquisition management practices of 
     the Federal Government.


          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 structure of the Internal 
     Revenue Service Criminal Investigation Division will result 
     in a reduction of criminal investigators in Wisconsin and 
     South Dakota from the 1996 level.

                      United States Secret Service


                         Salaries and Expenses

       For necessary expenses of the United States Secret Service, 
     including purchase of not to exceed 739 vehicles for police-
     type use, of which 675 shall be for replacement only, and 
     hire of passenger motor vehicles; hire of aircraft; training 
     and assistance requested by State and local governments, 
     which may be provided without reimbursement; services of 
     expert witnesses at such rates as may be determined by the 
     Director; rental of buildings in the District of Columbia, 
     and fencing, lighting, guard booths, and other facilities on 
     private or other property not in Government ownership or 
     control, as may be necessary to perform protective functions; 
     for payment of per diem and/or subsistence allowances to 
     employees where a protective assignment during the actual day 
     or days of the visit of a protectee require an employee to 
     work 16 hours per day or to remain overnight at his or her 
     post of duty; the conducting of and participating in firearms 
     matches; presentation of awards; for travel of Secret Service 
     employees on protective missions without regard to the 
     limitations on such expenditures in this or any other Act if 
     approval is obtained in advance from the Committees on 
     Appropriations; for research and development; for making 
     grants to conduct behavioral research in support of 
     protective research and operations; not to exceed $20,000 
     for official reception and representation expenses; not to 
     exceed $50,000 to provide technical assistance and 
     equipment to foreign law enforcement organizations in 
     counterfeit investigations; for payment in advance for 
     commercial accommodations as may be necessary to perform 
     protective functions; and for uniforms without regard to 
     the general purchase price limitation for the current 
     fiscal year, $600,302,000: Provided, That $18,000,000 
     provided for protective travel shall remain available 
     until September 30, 2000; Provided further, That of the 
     amount provided, $5,000,000 shall not be available for 
     obligation until September 30, 1999.


      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 of 
     the Treasury 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 
     Committees on Appropriations. No transfer may increase or 
     decrease any such appropriation by more than 2 percent.

[[Page H11177]]

       Sec. 114. Not to exceed 2 percent of any appropriations in 
     this Act made available to the Departmental Offices, Office 
     of Inspector General, Financial Management Service, and 
     Bureau of the Public Debt, may be transferred between such 
     appropriations upon the advance approval of the Committees on 
     Appropriations. No transfer may increase or decrease any such 
     appropriation by more than 2 percent.
       Sec. 115. Section 921(a) of title 18, United States Code, 
     is amended--
       (1) in paragraph (5), by striking ``the explosive in a 
     fixed shotgun shell'' and inserting ``an explosive'';
       (2) in paragraph (7), by striking ``the explosive in a 
     fixed metallic cartridge'' and inserting ``an explosive''; 
     and
       (3) by striking paragraph (16) and inserting the following:
       ``(16) The term `antique firearm' means--
       ``(A) any firearm (including any firearm with a matchlock, 
     flintlock, percussion cap, or similar type of ignition 
     system) manufactured in or before 1898; or
       ``(B) any replica of any firearm described in subparagraph 
     (A) if such replica--
       ``(i) is not designed or redesigned for using rimfire or 
     conventional centerfire fixed ammunition, or
       ``(ii) uses rimfire or conventional centerfire fixed 
     ammunition which is no longer manufactured in the United 
     States and which is not readily available in the ordinary 
     channels of commercial trade; or
       ``(C) any muzzle loading rifle, muzzle loading shotgun, or 
     muzzle loading pistol, which is designed to use black powder, 
     or a black powder substitute, and which cannot use fixed 
     ammunition. For purposes of this subparagraph, the term 
     `antique firearm' shall not include any weapon which 
     incorporates a firearm frame or receiver, any firearm which 
     is converted into a muzzle loading weapon, or any muzzle 
     loading weapon which can be readily converted to fire fixed 
     ammunition by replacing the barrel, bolt, breechblock, or any 
     combination thereof.''.
       Sec. 116. Of the funds available for the purchase of law 
     enforcement vehicles, no funds may be obligated until the 
     Secretary of the Treasury certifies that the purchase by the 
     respective Treasury bureau is consistent with the vehicle 
     management principles: Provided, That the Secretary may 
     delegate this authority to the Assistant Secretary for 
     Management.
       Sec. 117. Exception to Immunity From Attachment or 
     Execution. (a) Section 1610 of title 28, United States Code, 
     is amended by adding at the end the following new subsection:
       ``(f)(1)(A) Notwithstanding any other provision of law, 
     including but not limited to section 208(f) of the Foreign 
     Missions Act (22 U.S.C. 4308(f)), and except as provided in 
     subparagraph (B), any property with respect to which 
     financial transactions are prohibited or regulated pursuant 
     to section 5(b) of the Trading with the Enemy Act (50 U.S.C. 
     App. 5(b)), section 620(a) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2370(a)), sections 202 and 203 of the 
     International Emergency Economic Powers Act (50 U.S.C. 1701-
     1702), or any other proclamation, order, regulation, or 
     license issued pursuant thereto, shall be subject to 
     execution or attachment in aid of execution of any judgment 
     relating to a claim for which a foreign state (including any 
     agency or instrumentality or such state) claiming such 
     property is not immune under section 1605(a)(7).
       ``(B) Subparagraph (A) shall not apply if, at the time the 
     property is expropriated or seized by the foreign state, the 
     property has been held in title by a natural person or, if 
     held in trust, has been held for the benefit of a natural 
     person or persons.
       ``(2)(A) At the request of any party in whose favor a 
     judgment has been issued with respect to a claim for which 
     the foreign state is not immune under section 1605(a)(7), the 
     Secretary of the Treasury and the Secretary of State shall 
     fully, promptly, and effectively assist any judgment creditor 
     or any court that has issued any such judgment in 
     identifying, locating, and executing against the property of 
     that foreign state or any agency or instrumentality of such 
     state.
       ``(B) In providing such assistance, the Secretaries--
       ``(i) may provide such information to the court under seal; 
     and
       ``(ii) shall provide the information in a manner sufficient 
     to allow the court to direct the United States Marshall's 
     office to promptly and effectively execute against that 
     property.''.
       (b) Conforming Amendment.--Section 1606 of title 28, United 
     States Code, is amended by inserting after ``punitive 
     damages'' the following: ``, except any action under section 
     1605(a)(7) or 1610(f)''.
       (c) Effective Date.--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.
       (d) Waiver.--The President may waive the requirements of 
     this section in the interest of national security.
       This title may be cited as the ``Treasury Department 
     Appropriations Act, 1999''.

                        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); 
     and not to exceed $19,000 for official entertainment 
     expenses, to be available for allocation within the Executive 
     Office of the President, $52,344,000: Provided, That 
     $10,100,000 of the funds appropriated shall be available for 
     reimbursements to the White House Communications Agency.

                 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, $8,061,000, to be expended and accounted for as 
     provided by 3 U.S.C. 105, 109, 110, and 112-114: Provided, 
     That such amount shall not be available for expenses for 
     domestic staff overtime.
       In addition, for necessary expenses for domestic staff 
     overtime, $630,000: Provided, That such amount shall not 
     become available for obligation until the Comptroller General 
     of the United States notifies the Committees on 
     Appropriations that (1) the Executive Office of the President 
     has received, reviewed, and commented on the draft report of 
     the General Accounting Office with respect to its audit of 
     the Executive Residence at the White House; and (2) the 
     General Accounting Office has received the comments of the 
     Executive Office of the President.


                         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

[[Page H11178]]

     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

                     (including transfer of funds)

       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, 
     $28,350,000.

                    Office of Management and Budget


                         salaries and expenses

       For necessary expenses of the Office of Management and 
     Budget (OMB), including hire of passenger motor vehicles and 
     services as authorized by 5 U.S.C. 3109, $60,617,000, of 
     which not to exceed $5,000,000 shall be available to carry 
     out the provisions of chapter 35 of title 44, United States 
     Code: Provided, That, as provided in 31 U.S.C. 1301(a), 
     appropriations shall be applied only to the objects for which 
     appropriations were made except as otherwise provided by law: 
     Provided further, That none of the funds appropriated in this 
     Act for the Office of Management and Budget may be used for 
     the purpose of reviewing any agricultural marketing orders or 
     any activities or regulations under the provisions of the 
     Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et 
     seq.): Provided further, That none of the funds made 
     available for the Office of Management and Budget by this Act 
     may be expended for the altering of the transcript of actual 
     testimony of witnesses, except for testimony of officials of 
     the Office of Management and Budget, before the Committees on 
     Appropriations or the Committees on Veterans' Affairs or 
     their subcommittees: Provided further, That the preceding 
     shall not apply to printed hearings released by the 
     Committees on Appropriations or the Committees on Veterans' 
     Affairs: Provided further, That the Director of OMB amends 
     Section--.36 of OMB Circular A-110 to require Federal 
     awarding agencies to ensure that all data produced under an 
     award will be made available to the public through the 
     procedures established under the Freedom of Information Act: 
     Provided further, That if the agency obtaining the data does 
     so solely at the request of a private party, the agency may 
     authorize a reasonable user fee equaling the incremental cost 
     of obtaining the data: Provided further, That OMB is directed 
     to submit a report by March 31, 1999, to the Committees on 
     Appropriations, the Senate Committee on Governmental Affairs, 
     and the House Committee on Government Reform and Oversight 
     that: (1) identifies specific paperwork reduction 
     accomplishments expected, constituting annual five percent 
     reductions in paperwork expected in fiscal year 1999 and 
     fiscal year 2000; and (2) issues guidance on the requirements 
     of 5 U.S.C. Sec. 801(a)(1) and (3); sections 804(3), and 
     808(2), including a standard new rule reporting form for use 
     under section 801(a)(1)(A)-(B).

                 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 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, public and private, without fiscal 
     year limitation, 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, $182,477,000 for drug control activities consistent 
     with the approved strategy for each of the designated High 
     Intensity Drug Trafficking Areas, of which no less than 51 
     percent shall be transferred to State and local entities for 
     drug control activities, which shall be obligated within 120 
     days of the date of enactment of this Act: Provided, That 
     funding shall be provided for existing High Intensity Drug 
     Trafficking Areas at no less than the total fiscal year 1998 
     level consisting of funding from this account as well as the 
     Violent Crime Reduction Trust Fund.


                        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, $214,500,000, to remain available until expended: 
     Provided, That such funds may be transferred to other Federal 
     departments and agencies to carry out such activities: 
     Provided further, That of the funds provided, $185,000,000 
     shall be to support a national media campaign to reduce 
     and prevent drug use among young Americans: Provided 
     further, That none of the funds provided for the support 
     of a national media campaign may be obligated for the 
     following purposes: to supplant current anti-drug 
     community based coalitions; to supplant current pro bono 
     public service time donated by national and local 
     broadcasting networks; for partisan political purposes; or 
     to fund media campaigns that feature any elected 
     officials, persons seeking elected office, cabinet-level 
     officials, or other Federal officials employed pursuant to 
     Schedule C of title 5, Code of Federal Regulations, 
     section 213, absent advance notice to the Committees on 
     Appropriations and the Senate Judiciary Committee: 
     Provided further, That (1) ONDCP will require a pro bono 
     match commitment up-front as part of its media buy from 
     each and every seller of ad time and space, (2) ONDCP, or 
     any agent acting on its behalf, may not obligate any funds 
     for the creative development of advertisements from for-
     profit organizations, not including out-of-pocket 
     production costs and talent re-use payments, unless (A) 
     the advertisements are intended to reach a minority, 
     ethnic or other special audience that cannot be obtained 
     on a pro bono basis within the time frames required by 
     ONDCP's advertising and buying agencies, and (B) ONDCP 
     receives prior approval from the Committees on 
     Appropriations, (3) ONDCP will submit within three months 
     of enactment of this Act an implementation plan to the 
     Committees on Appropriations to secure corporate 
     sponsorship equaling 40 percent of the appropriated amount 
     in fiscal year 1999, the definition of which is a 
     contribution that is not received as a result of 
     leveraging funds to receive said sponsorship, corporate 
     sponsorship equaling 60 percent of the appropriated amount 
     in fiscal year 2000, corporate sponsorship equaling 80 
     percent of the appropriated amount in fiscal year 2001, 
     corporate sponsorship equaling 100 percent of the 
     appropriated amount in fiscal year 2002, (4) the funds 
     provided for the support of a national media campaign may 
     be used to fund the purchase of media time and space, 
     talent re-use payments, out-of-pocket advertising 
     production costs, testing and evaluation of advertising, 
     evaluation of the effectiveness of the media campaign, the 
     negotiated fees for the winning bidder on the request for 
     proposal recently issued by ONDCP, partnership with 
     community, civic, and professional groups, and government 
     organizations related to the media campaign, entertainment 
     industry collaborations to fashion anti-drug messages in 
     movies, television programming, and popular music, 
     interactive (Internet and new) media projects/activities, 
     public information (News Media Outreach), and corporate 
     sponsorship/participation, (5) ONDCP shall not obligate 
     funds provided for the national media campaign for fiscal 
     year 1999 until ONDCP has submitted the evaluation and 
     results of Phase I of the campaign to the Committees on 
     Appropriations, and may obligate not more than 75 percent 
     of these funds until ONDCP has submitted the evaluation 
     and results of Phase II of the campaign to the Committees 
     on Appropriations, and (6) ONDCP is required to report to 
     the Committees on Appropriations not only quarterly, but 
     also to provide monthly itemized reports of all 
     expenditures and obligations relating to the media 
     campaign as well as the specific parameters of the 
     national media campaign, and shall report to Congress 
     within one year on the effectiveness of the national media 
     campaign based upon the measurable outcomes provided to 
     Congress previously: Provided further, That of the funds 
     provided, $4,500,000 shall be available for transfer to 
     the Agricultural Research Service for anti-drug research 
     and related matters; Provided further, That of the funds 
     provided, $20,000,000 shall be to continue a program of 
     matching grants to drug-free communities, as authorized in 
     the Drug-Free Communities Act of 1997: Provided

[[Page H11179]]

     further, That of the funds provided, $5,000,000 shall be 
     available for the chronic users study.

                          Unanticipated Needs

       For expenses necessary to enable the President to meet 
     unanticipated needs, in furtherance of the national interest, 
     security, or defense which may arise at home or abroad during 
     the current fiscal year, $1,000,000.
       This title may be cited as the ``Executive Office 
     Appropriations Act, 1999''.

                     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, 
     $36,500,000, of which no less than $4,402,500 shall be 
     available for internal automated data processing systems, and 
     of which not to exceed $5,000 shall be available for 
     reception and representation expenses: Provided, That of the 
     amounts appropriated for salaries and expenses, $1,120,000 
     may not be obligated until the Federal Election Commission 
     submits a plan for approval to the House Committee on 
     Appropriations for the expenditure of such funds.

                   Federal Labor Relations Authority


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

                    General Services Administration


                         federal buildings fund

                 limitations on availability of revenue

                     (including transfer of funds)

       For additional expenses necessary to carry out the purpose 
     of the Fund established pursuant to section 210(f) of the 
     Federal Property and Administrative Services Act of 1949, as 
     amended (40 U.S.C. 490(f)), $450,018,000 to be deposited into 
     the Fund. The revenues and collections deposited into the 
     Fund shall be available for necessary expenses of real 
     property management and related activities not otherwise 
     provided for, including operation, maintenance, and 
     protection of federally owned and leased buildings; rental of 
     buildings in the District of Columbia; restoration of leased 
     premises; moving governmental agencies (including space 
     adjustments and telecommunications relocation expenses) in 
     connection with the assignment, allocation and transfer of 
     space; contractual services incident to cleaning or servicing 
     buildings, and moving; repair and alteration of federally 
     owned buildings including grounds, approaches and 
     appurtenances; care and safeguarding of sites; maintenance, 
     preservation, demolition, and equipment; acquisition of 
     buildings and sites by purchase, condemnation, or as 
     otherwise authorized by law; acquisition of options to 
     purchase buildings and sites; conversion and extension of 
     federally owned buildings; preliminary planning and design of 
     projects by contract or otherwise; construction of new 
     buildings (including equipment for such buildings); and 
     payment of principal, interest, and any other obligations for 
     public buildings acquired by installment purchase and 
     purchase contract; in the aggregate amount of $5,605,018,000, 
     of which: (1) $492,190,000 shall remain available until 
     expended for construction of additional projects at locations 
     and at maximum construction improvement costs (including 
     funds for sites and expenses and associated design and 
     construction services) as follows:
       New construction:
       Arkansas:
       Little Rock, U.S. courthouse, $3,436,000
       California:
       San Diego, U.S. courthouse, $15,400,000
       San Jose, U.S. courthouse, $10,800,000
       Colorado:
       Denver, U.S. courthouse, $83,959,000
       District of Columbia:
       Southeast Federal Center remediation, $10,000,000
       Florida:
       Jacksonville, U.S. courthouse, $86,010,000
       Orlando, U.S. courthouse, $1,930,000
       Massachusetts:
       Springfield, U.S. courthouse, $5,563,000
       Michigan:
       Sault Sainte Marie, border station, $572,000
       Mississippi:
       Biloxi-Gulfport, U.S. courthouse, $7,543,000
       Missouri:
       Cape Girardeau, U.S. courthouse, $2,196,000
       Montana:
       Babb, Piegan border station, $6,165,000
       New York:
       Brooklyn, U.S. courthouse, $152,626,000
       New York, U.S. Mission to the United Nations, $3,163,000
       Oregon:
       Eugene, U.S. courthouse, $7,190,000
       Tennessee:
       Greenville, U.S. courthouse, $28,229,000
       Texas:
       Laredo, U.S. courthouse, $28,105,000
       West Virginia:
       Wheeling, U.S. courthouse, $29,303,000
       Nationwide:
       Non-prospectus, $10,000,000:
     Provided, That each of the immediately foregoing limits of 
     costs on new construction projects may be exceeded to the 
     extent that savings are effected in other such projects, but 
     not to exceed 10 percent unless advance approval is obtained 
     from the Committees on Appropriations of a greater amount: 
     Provided further, That notwithstanding any other provision of 
     law in order to rescind a General Services Administration 
     property sale, the General Services Administration is 
     authorized to re-acquire that parcel of land on Block 111, 
     East Denver, Denver, Colorado, which was sold at public 
     auction by the Federal government to its present owner 
     pursuant to paragraphs (6) and (7) of section 12 of Public 
     Law 94-204 (43 U.S.C. 1611 note) at a price equivalent to the 
     1988 auction sale price plus the amount of cumulative 
     consumer price index, pursuant to the methodology as used 
     in Public Law 104-42, Sec. 107(a), from the closing date 
     of the sale until the date of re-acquisition by the 
     Federal government, offset by any net income received from 
     the property by the present owner since the 1988 sale: 
     Provided further, That the funds provided in Public Law 
     102-393 for Hilo, Hawaii, shall be expended for the 
     planning and design of the Mauna Kea Astronomy Educational 
     Center, notwithstanding Public Law 103-123, and of the 
     funds provided not more than $475,000 is to be disbursed 
     in this fiscal year: Provided further, That all funds for 
     direct construction projects shall expire on September 30, 
     2000, and remain in the Federal Buildings Fund except for 
     funds for projects as to which funds for design or other 
     funds have been obligated in whole or in part prior to 
     such date: Provided further, That of the funds provided 
     for non-prospectus construction projects, $2,100,000 shall 
     be available until expended for acquisition, lease, 
     construction, and equipping of flexiplace telecommuting 
     centers: Provided further, That from the funds made 
     available under this heading in this or prior Acts of 
     Congress, the Administrator of General Services may 
     purchase at a price he determines appropriate, 
     notwithstanding any other provision of law, property 
     adjacent to the new courthouse currently under 
     construction in Scranton, Pennsylvania; (2) $668,031,000 
     shall remain available until expended, for repairs and 
     alterations which includes associated design and 
     construction services: Provided further, That of the 
     amount provided, $161,500,000 shall not be available for 
     obligation until September 30, 1999: Provided further, 
     That funds in the Federal Buildings Fund for Repairs and 
     Alterations shall, for prospectus projects, be limited to 
     the amount by project as follows, except each project may 
     be increased by an amount not to exceed 10 percent unless 
     advance approval is obtained from the Committees on 
     Appropriations of a greater amount:
       Repairs and alterations:
       California:
       San Francisco, Appraisers Building, $29,778,000
       Colorado:
       Lakewood, Denver Federal Center, Building 25, $29,351,000
       District of Columbia:
       Federal Office Building, 10B, $13,844,000
       Interstate Commerce Commission, Connecting Wing Complex, 
     Customs Building, Phase 3/3, $83,959,000
       Old Executive Office Building, $25,210,000
       Department of State, Phase 1, $29,779,000
       New York:
       Brookhaven, Internal Revenue Service, Service Center, 
     $20,019,000
       New York, U.S. Courthouse, 40 Foley Square, $4,782,000
       Pennsylvania:
       Philadelphia, Byrne-Green, Federal Building-U.S. 
     Courthouse, $11,212,000
       Virginia:
       Reston, J.W. Powell Building, $9,151,000
       Nationwide:
       Chlorofluorocarbons Program, $25,000,000
       Energy Program, $25,000,000
       Design Program, $16,710,000
       Basic Repairs and Alteration, $344,236,000:
     Provided further, That additional projects for which 
     prospectuses have been fully approved may be funded under 
     this category only if advance approval is obtained from the 
     Committees on Appropriations: Provided further, That the 
     amounts provided in this or any prior Act for ``Repairs and 
     Alterations'' may be used to fund costs associated with 
     implementing security improvements to buildings necessary to 
     meet the minimum standards for security in accordance with 
     current law and in compliance with the reprogramming 
     guidelines of the appropriate Committees of the House and 
     Senate: Provided further, That the difference between the 
     funds appropriated and expended on any projects in this or 
     any prior Act, under the heading ``Repairs and Alterations'', 
     may be transferred to Basic Repairs and Alterations or used 
     to fund authorized increases in prospectus projects: Provided 
     further, That all funds for repairs and alterations 
     prospectus projects shall expire on September 30, 2000, and 
     remain in the Federal Buildings Fund except funds for 
     projects as to which funds for design or other funds have 
     been obligated in whole or in part prior to such date: 
     Provided further, That of the amount provided, $100,000 shall 
     be used to address the lighting issues at the Byrne-Green 
     Federal Courthouse in Philadelphia, Pennsylvania: Provided 
     further, That of the amount provided in this or any

[[Page H11180]]

     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 $5,700,000 of 
     the funds provided under this heading in Public Law 103-
     329 for the Holtsville, New York, IRS Service Center shall 
     remain available until September 30, 1999: Provided 
     further, That the amount provided in this or any prior Act 
     for Basic Repairs and Alterations may be used to pay 
     claims against the Government arising from any projects 
     under the heading ``Repairs and Alterations'' or used to 
     fund authorized increases in prospectus projects; (3) 
     $215,764,000 for installment acquisition payments 
     including payments on purchase contracts which shall 
     remain available until expended; (4) $2,583,261,000 for 
     rental of space which shall remain available until 
     expended: Provided further, That of the amount provided, 
     $15,000,000 shall not be available for obligation until 
     September 30, 1999; and (5) $1,554,772,000 for building 
     operations which shall remain available until expended: 
     Provided further, That of the amount provided $68,000,000 
     shall not be available for obligation until September 30, 
     1999: Provided further, That funds available to the 
     General Services Administration shall not be available for 
     expenses of any construction, repair, alteration and 
     acquisition project for which a prospectus, if required by 
     the Public Buildings Act of 1959, as amended, has not been 
     approved, except that necessary funds may be expended for 
     each project for required expenses for the development of 
     a proposed prospectus: Provided further, That for the 
     purposes of this authorization, and hereafter, buildings 
     constructed pursuant to the purchase contract authority of 
     the Public Buildings Amendments of 1972 (40 U.S.C. 602a), 
     buildings occupied pursuant to installment purchase 
     contracts, and buildings under the control of another 
     department or agency where alterations of such buildings 
     are required in connection with the moving of such other 
     department or agency from buildings then, or thereafter to 
     be, under the control of the General Services 
     Administration shall be considered to be federally owned 
     buildings: Provided further, That funds available in the 
     Federal Buildings Fund may be expended for emergency 
     repairs when advance approval is obtained from the 
     Committees on Appropriations: Provided further, That 
     amounts necessary to provide reimbursable special services 
     to other agencies under section 210(f)(6) of the Federal 
     Property and Administrative Services Act of 1949, as 
     amended (40 U.S.C. 490(f)(6)) and amounts to provide such 
     reimbursable fencing, lighting, guard booths, and other 
     facilities on private or other property not in Government 
     ownership or control as may be appropriate to enable the 
     United States Secret Service to perform its protective 
     functions pursuant to 18 U.S.C. 3056, shall be available 
     from such revenues and collections: Provided further, That 
     the remaining balances and associated assets and 
     liabilities of the Pennsylvania Avenue Activities account 
     are hereby transferred to the Federal Buildings Fund to be 
     effective October 1, 1998, and that all income earned 
     after that effective date that would otherwise have been 
     deposited to the Pennsylvania Avenue Activities account 
     shall thereafter be deposited to the Federal Buildings 
     Fund, to be available for the purposes authorized by 
     Public Laws 104-134 and 104-208, notwithstanding 
     subsection 210(f)(2) of the Federal Property and 
     Administrative Services Act, as amended: Provided further, 
     That of the amount provided, $475,000 shall be made 
     available for the 1999 Women's World Cup Soccer event: 
     Provided further, That of the amount provided, $600,000 
     shall be made available for the 1999 World Alpine Ski 
     Championships: Provided further, That revenues and 
     collections and any other sums accruing to this Fund 
     during fiscal year 1999, excluding reimbursements under 
     section 210(f)(6) of the Federal Property and 
     Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)) 
     in excess of $5,605,018,000 shall remain in the Fund and 
     shall not be available for expenditure except as 
     authorized in appropriations Acts.


                         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; $109,594,000: Provided, That none of 
     the funds appropriated from this Act shall be available to 
     convert the Old Post Office at 1100 Pennsylvania Avenue in 
     Northwest Washington, D.C., from office use to any other use 
     until a comprehensive plan, which shall include street-level 
     retail use, has been approved by the Senate Committee on 
     Appropriations, the House Committee on Transportation and 
     Infrastructure, and the Senate Committee on Environment and 
     Public Works: Provided further, That no funds from this Act 
     shall be available to acquire by purchase, condemnation, or 
     otherwise the leasehold rights of the existing lease with 
     private parties at the Old Post Office prior to the approval 
     of the comprehensive plan by the Senate Committee on 
     Appropriations, the House Committee on Transportation and 
     Infrastructure, and the Senate Committee on Environment and 
     Public Works: Provided further, That $100,000 is provided to 
     the property disposal activity for the Racine, Wisconsin, 
     property transfer identified in General Services 
     Administration General Provision section 409.


                      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

                     (including transfer of funds)

       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.
       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.
       Sec. 408. From the funds made available under the heading 
     ``Federal Buildings Fund Limitations on Revenue'', in 
     addition to amounts provided in budget activities above, up 
     to $5,000,000 shall be available for the demolition, cleanup 
     and conveyance of the property at block 35 and lot 2 of block 
     36 in Anchorage, Alaska: Provided, That notwithstanding any 
     other provision of law, the Administrator of General Services 
     shall, not later than 18 months after the date of enactment 
     of this Act, demolish and remove all buildings, structures 
     and other fixtures on the property at block 35 and lot 2 of 
     block 36, Anchorage Original Townsite East Addition, 
     Anchorage, Alaska, excluding any portion dedicated for use by 
     the Centers for Disease Control and Prevention: Provided 
     further, That the remediation of said parcel shall include 
     the removal of all asbestos, lead and any other 
     contamination, and restoration of the property, to the extent 
     practicable, to an undeveloped condition: Provided further, 
     That upon completion of the activities required for the 
     demolition and removal of buildings, and notwithstanding any 
     other provision of law, the Administrator of General Services 
     shall convey to the municipality of Anchorage, without 
     reimbursement, all right, title, and interest of the United 
     States to the property.
       Sec. 409. The Administrator of General Services may convey 
     to the City of Racine, Wisconsin, all right, title, and 
     interest of the United

[[Page H11181]]

     States in and to a parcel of excess real property, including 
     improvements thereon, that is located on 2310 Center Street, 
     commencing at the intersection of the North line of 24th 
     Street and the center line of Center Street, being the point 
     of the beginning; thence Northerly along the center line of 
     Center Street, 426 feet to the South line of 23rd Street 
     extended East; thence Westerly along the South line of 23rd 
     Street extended East; 325 feet to the West line of Franklin 
     Street extended South; thence southerly along the West line 
     of Franklin Street extended South to a point on the North 
     line of 24th Street; thence Easterly along the North line of 
     24th Street to the point of beginning located in Racine, 
     Wisconsin, and which contains the U.S. Army Reserve Center.
       Sec. 410. Department of Transportation Headquarters. (a) In 
     General.--The Administrator of General Services shall--
       (1) enter into an operating lease to acquire space for the 
     Department of Transportation headquarters; and
       (2) commence procurement of the lease not later than 
     November 1, 1998:
     Provided, That the annual rent payment does not exceed 
     $55,000,000.
       (b) Terms.--The authority granted in subsection (a) is 
     effective only to the extent that the lease acquisition meets 
     the guidelines for operating leases set forth in the joint 
     statement of the managers for the conference report to the 
     Balanced Budget Agreement of 1997, as determined by the 
     Director of the Office of Management and Budget.
       Sec. 411. Notwithstanding any other provision of law, the 
     requirement under section 407 of Public Law 104-208 (110 
     Stat. 3009-337-38), that the Administrator of General 
     Services charge user fees for flexiplace telecommuting 
     centers that approximate commercial charges for comparable 
     space and services but in no instance less than the amount 
     necessary to pay the cost of establishing and operating such 
     centers, shall not apply to the user fees charged for the 
     period beginning October 1, 1996, and ending September 30, 
     1998, for the telecommuting centers established as part of a 
     pilot telecommuting demonstration program in the Washington, 
     D.C. metropolitan area by Public Laws 102-393, 103-123, 103-
     329, 104-52, and 104-208: Provided, That for these centers in 
     the pilot demonstration program for the period beginning 
     October 1, 1998, and ending September 30, 2000, the 
     Administrator shall charge fees for Federal agency use of a 
     telecenter based on 50 percent of the Administrator's annual 
     costs of operating the center, including the reasonable cost 
     of replacement for furniture, fixtures, and equipment: 
     Provided further, That effective October 1, 2000, the 
     Administrator shall charge fees for Federal agency use of the 
     demonstration telecommuting centers based on 100 percent of 
     the annual operating costs, including the reasonable cost of 
     replacement for furniture, fixtures, and equipment: Provided 
     further, That, to the extent such user charges do not cover 
     the Administrator's costs in operating these centers, 
     appropriations to the General Services Administration are 
     authorized to reimburse the Federal Buildings Fund for any 
     loss of revenue.
       Sec. 412. (a) Authority To Convey.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Administrator of General Services shall convey to 
     the University of Miami, by negotiated sale or by negotiated 
     land exchange and by not later than September 30, 1999, all 
     right, title, and interest of the United States in and to the 
     property described in paragraph (2).
       (2) Property described.--The property referred to in 
     paragraph (1) is real property in Miami-Dade County, Florida, 
     including improvements thereon, comprising the Federal 
     facility known as the United States Naval Observatory/
     Alternate Time Service Laboratory, consisting of 
     approximately 76 acres. The exact acreage and legal 
     description of the property shall be determined by a survey 
     that is satisfactory to the Administrator.
       (b) Condition Regarding Use.--Any conveyance under 
     subsection (a) shall be subject to the condition that during 
     the 10-year period beginning on the date of the conveyance, 
     the University shall use the property, or provide for use of 
     the property, only for--
       (1) a research, education, and training facility 
     complementary to longstanding national research missions, 
     subject to such incidental exceptions as may be approved by 
     the Administrator;
       (2) research-related purposes other than the use specified 
     in paragraph (1), under an agreement entered into by the 
     Administrator and the University; or
       (3) a combination of uses described in paragraph (1) and 
     paragraph (2), respectively.
       (c) Additional Terms and Conditions.--The Administrator may 
     require such additional terms and conditions with respect to 
     the conveyance under subsection (a) as the Administrator 
     considers appropriate to protect the interests of the United 
     States.
       (d) Reversion.--If the Administrator determines at any time 
     that the property conveyed under subsection (a) is not being 
     used in accordance with this section, all right, title, and 
     interest in and to the property, including any improvements 
     thereon, shall revert to the United States, and the United 
     States shall have the right of immediate entry thereon.
       Sec. 413. The Administrator of General Services is directed 
     to reincorporate the elements of the original proposed design 
     for the facade of the United States Courthouse, London, 
     Kentucky, project into the revised design of the building in 
     order to ensure compatibility of this new facility with the 
     historic U.S. Courthouse in London, Kentucky, to maintain the 
     stateliness of the building. Construction or design of the 
     London, Kentucky, project should not be diminished in anyway 
     to achieve this goal.

                 Environmental Dispute Resolution Fund

       For payment to the Environmental Dispute Resolution Fund to 
     carry out activities authorized in the Environmental Policy 
     and Conflict Resolution Act of 1997, $4,250,000, to remain 
     available until expended, of which $3,000,000 will be for 
     capitalization of the Fund, and $1,250,000 will be for annual 
     operating expenses.

                     Merit Systems Protection Board


                         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, $224,614,000: 
     Provided, That of the amount provided, $7,861,000 shall not 
     be available for obligation until September 30, 1999: 
     Provided further, That the Archivist of the United States is 
     authorized to use any excess funds available from the amount 
     borrowed for construction of the National Archives facility, 
     for expenses necessary to provide adequate storage for 
     holdings.


                        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, of which 
     $4,000,000 is for encasement of the Charters of Freedom, and 
     of which $875,000 is for a requirements study and design of 
     the National Archives Anchorage, Alaska, facility.

        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, $10,000,000, to remain available 
     until expended: Provided, That of the amount provided, 
     $4,000,000 shall not be available for obligation until 
     September 30, 1999.

                      Office of Government Ethics


                         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 and the Ethics Reform Act of 1989, 
     including services as authorized by 5 U.S.C. 3109, rental of 
     conference rooms in the District of Columbia and elsewhere, 
     hire of passenger motor vehicles, and not to exceed $1,500 
     for official reception and representation expenses, 
     $8,492,000.

                     Office of Personnel Management


                         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,

[[Page H11182]]

     during fiscal year 1999, accept donations of money, 
     property, and personal services in connection with the 
     development of a publicity brochure to provide information 
     about the White House Fellows, except that no such 
     donations shall be accepted for travel or reimbursement of 
     travel expenses, or for the salaries of employees of such 
     Commission.


                      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 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. No funds appropriated by this Act shall be 
     available to pay for an abortion, or the administrative 
     expenses in connection with any health plan under the Federal 
     employees health benefit program which provides any benefits 
     or coverage for abortions.
       Sec. 510. The provision of section 509 shall not apply 
     where the life of the mother would be endangered if the fetus 
     were carried to term, or the pregnancy is the result of an 
     act of rape or incest.
       Sec. 511. Except as otherwise specifically provided by law, 
     not to exceed 50 percent of unobligated balances remaining 
     available at the end of fiscal year 1999 from appropriations 
     made available for salaries and expenses for fiscal year 1999 
     in this Act, shall remain available through September 30, 
     2000, for each such account for the purposes authorized: 
     Provided, That a request shall be submitted to the Committees 
     on Appropriations for approval prior to the expenditure of 
     such funds: Provided further, That these requests shall be 
     made in compliance with reprogramming guidelines.
       Sec. 512. None of the funds made available in this Act may 
     be used by the Executive Office of the President to request 
     from the Federal Bureau of Investigation any official 
     background investigation report on any individual, except 
     when it is made known to the Federal official having 
     authority to obligate or expend such funds that--
       (1) such individual has given his or her express written 
     consent for such request not more than 6 months prior to the 
     date of such request and during the same presidential 
     administration; or
       (2) such request is required due to extraordinary 
     circumstances involving national security.
       Sec. 513. Funds provided in this Act may be used to 
     initiate or continue projects or activities to the extent 
     necessary, consistent with existing agency plans, to achieve 
     Year 2000 (Y2K) computer conversion until such time as 
     supplemental appropriations are made available for that 
     purpose: Provided, That the program, project, or activity 
     from which funds are obligated for Y2K conversion activities 
     shall be reimbursed when such supplemental appropriations are 
     made available.
       Sec. 514. Hereafter, any payment of attorneys fees, costs, 
     and sanctions required to be made by the Federal Government 
     pursuant to the order of the district court in the case 
     Association of American Physicians and Surgeons, Inc. v. 
     Clinton, 989 F. Supp. 8 (1997), or any appeal of such case, 
     shall be derived by transfer from amounts made available in 
     this or any other Act for any fiscal year for ``Compensation 
     of the President and the White House Office--Salaries and 
     Expenses''.
       Sec. 515. Notwithstanding Section 515 of Public Law 104-
     208, fifty percent of the unobligated balances available to 
     the White House Office, Salaries and Expenses appropriations 
     in fiscal year 1997, shall remain available through September 
     30, 1999, for the purposes of satisfying the conditions of 
     Section 515 of this Act.
       Sec. 516. The Morris K. Udall Scholarship and Excellence in 
     National Environmental and Native American Public Policy Act 
     of 1992, as amended (20 U.S.C. 5601 et seq.), is amended as 
     follows:
       (a) in section 11, by--
       (1) deleting the heading and inserting ``Use of the 
     Institute by a Federal Agency or Other Entity.''; and
       (2) adding the following new subsection at the end:
       ``(e) Non-Federal Entities.--
       ``(1) Non-Federal entities, including state and local 
     governments, Native American tribal governments, 
     nongovernmental organizations and persons, as defined in 1 
     U.S.C. 1, may use the Foundation and the Institute to provide 
     assessment, mediation, or other related services in 
     connection with a dispute or conflict involving the Federal 
     government related to the environment, public lands, or 
     natural resources.
       ``(2) Payment into the environmental dispute resolution 
     fund.--Entities utilizing services pursuant to this 
     subsection shall reimburse the Institute for the costs of 
     services provided. Such amounts shall be deposited into the 
     Environmental Dispute Resolution Fund established under 
     section 10.''; and
       (b) in section 12, by:
       (1) deleting ``In General--'' and inserting ``(a) In 
     General--''; and
       (2) adding the following new subsection:
       ``(b) The Institute.--The authorities set forth above 
     shall, with the exception of paragraph (4), apply to the 
     Institute established pursuant to section 10.''; and
       (c) in section 10(b), by adding before the period as 
     follows: ``, including not to exceed $1,000

[[Page H11183]]

     annually for official reception and representation 
     expenses''.
       Sec. 518. The cost accounting standards promulgated under 
     section 26 of the Office of Federal Procurement Policy Act 
     (Public Law 93-400; 41 U.S.C. 422) shall not apply with 
     respect to a contract under the Federal Employees Health 
     Benefits Program established under chapter 89 of title 5, 
     United States Code.

                      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, in fiscal year 1999 and thereafter, 
     reimburse any Federal employee or any person employed to 
     provide such services for travel, transportation, and 
     subsistence expenses incurred for training classes, 
     conferences, or other meetings in connection with the 
     provision of such services: Provided, That any per diem 
     allowance made pursuant to this section shall not exceed the 
     rate specified in regulations prescribed pursuant to section 
     5707 of title 5, United States Code.
       Sec. 604. 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.
       (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 fiscal year 1999, by this 
     or any other Act, may be used to pay any prevailing rate 
     employee described in section 5342(a)(2)(A) of title 5, 
     United States Code--
       (1) during the period from the date of expiration of the 
     limitation imposed by section 614 of the Treasury and General 
     Government Appropriations Act, 1998, until the normal 
     effective date of the applicable wage survey adjustment that 
     is to take effect in fiscal year 1999, in an amount that 
     exceeds the rate payable for the applicable grade and step of 
     the applicable wage schedule in accordance with such section 
     614; and
       (2) during the period consisting of the remainder of fiscal 
     year 1999, in an amount that exceeds, as a result of a wage 
     survey adjustment, the rate payable under paragraph (1) by 
     more than the sum of--
       (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

[[Page H11184]]

     section and who is paid from a schedule not in existence on 
     September 30, 1998, shall be determined under regulations 
     prescribed by the Office of Personnel Management.
       (d) Notwithstanding any other provision of law, rates of 
     premium pay for employees subject to this section may not be 
     changed from the rates in effect on September 30, 1998, 
     except to the extent determined by the Office of Personnel 
     Management to be consistent with the purpose of this section.
       (e) This section shall apply with respect to pay for 
     service performed after September 30, 1998.
       (f) For the purpose of administering any provision of law 
     (including any rule or regulation that provides premium pay, 
     retirement, life insurance, or any other employee benefit) 
     that requires any deduction or contribution, or that imposes 
     any requirement or limitation on the basis of a rate of 
     salary or basic pay, the rate of salary or basic pay payable 
     after the application of this section shall be treated as the 
     rate of salary or basic pay.
       (g) Nothing in this section shall be considered to permit 
     or require the payment to any employee covered by this 
     section at a rate in excess of the rate that would be payable 
     were this section not in effect.
       (h) The Office of Personnel Management may provide for 
     exceptions to the limitations imposed by this section if the 
     Office determines that such exceptions are necessary to 
     ensure the recruitment or retention of qualified employees.
       Sec. 615. During the period in which the head of any 
     department or agency, or any other officer or civilian 
     employee of the Government appointed by the President of the 
     United States, holds office, no funds may be obligated or 
     expended in excess of $5,000 to furnish or redecorate the 
     office of such department head, agency head, officer, or 
     employee, or to purchase furniture or make improvements for 
     any such office, unless advance notice of such furnishing or 
     redecoration is expressly approved by the Committees on 
     Appropriations. For the purposes of this section, the word 
     ``office'' shall include the entire suite of offices assigned 
     to the individual, as well as any other space used primarily 
     by the individual or the use of which is directly controlled 
     by the individual.
       Sec. 616. Notwithstanding any other provision of law, no 
     executive branch agency shall purchase, construct, and/or 
     lease any additional facilities, except within or contiguous 
     to existing locations, to be used for the purpose of 
     conducting Federal law enforcement training without the 
     advance approval of the Committees on Appropriations, except 
     that the Federal Law Enforcement Training Center is 
     authorized to obtain the temporary use of additional 
     facilities by lease, contract, or other agreement for 
     training which cannot be accommodated in existing Center 
     facilities.
       Sec. 617. Notwithstanding section 1346 of title 31, United 
     States Code, or section 611 of this Act, funds made available 
     for fiscal year 1999 by this or any other Act shall be 
     available for the interagency funding of national security 
     and emergency preparedness telecommunications initiatives 
     which benefit multiple Federal departments, agencies, or 
     entities, as provided by Executive Order No. 12472 (April 3, 
     1984).
       Sec. 618. (a) None of the funds appropriated by this or any 
     other Act may be obligated or expended by any Federal 
     department, agency, or other instrumentality for the salaries 
     or expenses of any employee appointed to a position of a 
     confidential or policy-determining character excepted from 
     the competitive service pursuant to section 3302 of title 5, 
     United States Code, without a certification to the Office of 
     Personnel Management from the head of the Federal department, 
     agency, or other instrumentality employing the Schedule C 
     appointee that the Schedule C position was not created solely 
     or primarily in order to detail the employee to the White 
     House.
       (b) The provisions of this section shall not apply to 
     Federal employees or members of the armed services detailed 
     to or from--
       (1) the Central Intelligence Agency;
       (2) the National Security Agency;
       (3) the Defense Intelligence Agency;
       (4) the offices within the Department of Defense for the 
     collection of specialized national foreign intelligence 
     through reconnaissance programs;
       (5) the Bureau of Intelligence and Research of the 
     Department of State;
       (6) any agency, office, or unit of the Army, Navy, Air 
     Force, and Marine Corps, the Federal Bureau of Investigation 
     and the Drug Enforcement Administration of the Department of 
     Justice, the Department of Transportation, the Department of 
     the Treasury, and the Department of Energy performing 
     intelligence functions; and
       (7) the Director of Central Intelligence.
       Sec. 619. No department, agency, or instrumentality of the 
     United States receiving appropriated funds under this or any 
     other Act for fiscal year 1999 shall obligate or expend any 
     such funds, unless such department, agency, or 
     instrumentality has in place, and will continue to administer 
     in good faith, a written policy designed to ensure that all 
     of its workplaces are free from discrimination and sexual 
     harassment and that all of its workplaces are not in 
     violation of title VII of the Civil Rights Act of 1964, as 
     amended, the Age Discrimination in Employment Act of 1967, 
     and the Rehabilitation Act of 1973.
       Sec. 620. No part of any appropriation contained in this 
     Act may be used to pay for the expenses of travel of 
     employees, including employees of the Executive Office of the 
     President, not directly 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. For purposes of each provision of law amended by 
     section 704(a)(2) of the Ethics Reform Act of 1989 (5 U.S.C. 
     5318 note), no adjustment under section 5303 of title 5, 
     United States Code, shall be considered to have taken effect 
     in fiscal year 1999 in the rates of basic pay for the 
     statutory pay systems.
       Sec. 622. None of the funds appropriated in this or any 
     other Act shall be used to acquire information technologies 
     which do not comply with part 39.106 (Year 2000 compliance) 
     of the Federal Acquisition Regulation, unless an agency's 
     Chief Information Officer determines that noncompliance with 
     part 39.106 is necessary to the function and operation of the 
     requesting agency or the acquisition is required by a signed 
     contract with the agency in effect before the date of 
     enactment of this Act. Any waiver granted by the Chief 
     Information Officer shall be reported to the Office of 
     Management and Budget, and copies shall be provided to 
     Congress.
       Sec. 623. None of the funds made available in this Act for 
     the United States Customs Service may be used to allow the 
     importation into the United States of any good, ware, 
     article, or merchandise mined, produced, or manufactured by 
     forced or indentured child labor, as determined pursuant to 
     section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
       Sec. 624. Notwithstanding any other provision of law, no 
     part of any funds provided by this Act or any other Act 
     beginning in fiscal year 1999 and thereafter shall be 
     available for paying Sunday premium pay to any employee 
     unless such employee actually performed work during the time 
     corresponding to such premium pay.
       Sec. 625. No part of any appropriation contained in this or 
     any other Act shall be available for the payment of the 
     salary of any officer or employee of the Federal Government, 
     who--
       (1) prohibits or prevents, or attempts or threatens to 
     prohibit or prevent, any other officer or employee of the 
     Federal Government from having any direct oral or written 
     communication or contact with any Member, committee, or 
     subcommittee of the Congress in connection with any matter 
     pertaining to the employment of such other officer or 
     employee or pertaining to the department or agency of such 
     other officer or employee in any way, irrespective of whether 
     such communication or contact is at the initiative of such 
     other officer or employee or in response to the request or 
     inquiry of such Member, committee, or subcommittee; or
       (2) removes, suspends from duty without pay, demotes, 
     reduces in rank, seniority, status, pay, or performance of 
     efficiency rating, denies promotion to, relocates, reassigns, 
     transfers, disciplines, or discriminates in regard to any 
     employment right, entitlement, or benefit, or any term or 
     condition of employment of, any other officer or employee of 
     the Federal Government, or attempts or threatens to commit 
     any of the foregoing actions with respect to such other 
     officer or employee, by reason of any communication or 
     contact of such other officer or employee with any Member, 
     committee, or subcommittee of the Congress as described in 
     paragraph (1).
       Sec. 626. Section 626(b) of the Treasury, Postal Service, 
     and General Government Appropriations Act, 1997, as contained 
     in section 101(f) of Public Law 104-208 (110 Stat. 3009-360), 
     the Omnibus Consolidated Appropriations Act, 1997, is amended 
     to read as follows: ``(b) Until September 30, 1999, or until 
     the end of the current FTS 2000 contracts, whichever is 
     earlier, subsection (a) shall continue to apply to the use of 
     the funds appropriated by this or any other Act.''.
       Sec. 627. (a) Definitions.--In this section--
       (1) the term ``crime of violence'' has the meaning given 
     that term in section 16 of title 18, United States Code; and
       (2) the term ``law enforcement officer'' means any employee 
     described in subparagraph (A), (B), or (C) of section 
     8401(17) of title 5, United States Code; and any special 
     agent in the Diplomatic Security Service of the Department of 
     State.
       (b) Rule of Construction.--Notwithstanding any other 
     provision of law, for purposes of chapter 171 of title 28, 
     United States Code, or any other provision of law relating to 
     tort liability, a law enforcement officer shall be construed 
     to be acting within the scope of his or her office or 
     employment, if the officer takes reasonable action, including 
     the use of force, to--
       (1) protect an individual in the presence of the officer 
     from a crime of violence;
       (2) provide immediate assistance to an individual who has 
     suffered or who is threatened with bodily harm; or
       (3) prevent the escape of any individual who the officer 
     reasonably believes to have committed in the presence of the 
     officer a crime of violence.
       Sec. 628. Federal Firefighters Overtime Pay Reform Act of 
     1998. (a) In General.--Subchapter V of chapter 55 of title 5, 
     United States Code, is amended--
       (1) in section 5542 by adding at the end the following new 
     subsection:
       ``(f) In applying subsection (a) of this section with 
     respect to a firefighter who is subject to section 5545b--
       ``(1) such subsection shall be deemed to apply to hours of 
     work officially ordered or approved in excess of 106 hours in 
     a biweekly pay period, or, if the agency establishes a weekly 
     basis for overtime pay computation, in excess of 53 hours in 
     an administrative workweek; and
       ``(2) the overtime hourly rate of pay is an amount equal to 
     one and one-half times the hourly rate of basic pay under 
     section 5545b (b)(1)(A) or (c)(1)(B), as applicable, and such 
     overtime hourly rate of pay may not be less than such hourly 
     rate of basic pay in applying the limitation on the overtime 
     rate provided in paragraph (2) of such subsection (a).''; and
       (2) by inserting after section 5545a the following new 
     section:

[[Page H11185]]

     ``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: Provided, That the 
     overtime hourly rate of pay for such firefighter shall in all 
     cases be an amount equal to one and one-half times the 
     firefighter's hourly rate of basic pay under subsection 
     (b)(1)(A) or (c)(1)(B) of this section, as applicable.
       ``(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 October 1, 1998.
       (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. 629. (1) Not later than 180 days after the date of 
     enactment of this Act, the Director of the Office of National 
     Drug Control Policy, the Secretary of the Treasury, and the 
     Attorney General shall conduct a joint review of Federal 
     efforts and submit to the appropriate congressional 
     committees, including the Committees on Appropriations, a 
     plan to improve coordination among the Federal agencies with 
     responsibility to protect the borders against drug 
     trafficking. The review shall also include consideration of 
     Federal agencies' coordination with State and local law 
     enforcement agencies. The plan shall include an assessment 
     and action plan, including the activities of the following 
     departments and agencies:
       (A) Department of the Treasury;
       (B) Department of Justice;
       (C) United States Coast Guard;
       (D) Department of Defense;
       (E) Department of Transportation;
       (F) Department of State; and
       (G) Department of Interior.
       (2) The purpose of the plan under paragraph (1) is to 
     maximize the effectiveness of the border control efforts in 
     achieving the objectives of the national drug control 
     strategy in a manner that is also consistent with the goal of 
     facilitating trade. In order to maximize the effectiveness, 
     the plan shall:
       (A) specify the methods used to enhance cooperation, 
     planning and accountability among the Federal, State, and 
     local agencies with responsibilities along the Southwest 
     border;
       (B) specify mechanisms to ensure cooperation among the 
     agencies, including State and local agencies, with 
     responsibilities along the Southwest border;
       (C) identify new technologies that will be used in 
     protecting the borders including conclusions regarding 
     appropriate deployment of technology;
       (D) identify new initiatives for infrastructure 
     improvements;
       (E) recommend reinforcements in terms of resources, 
     technology and personnel necessary to ensure capacity to 
     maintain appropriate inspections;
       (F) integrate findings of the White House Intelligence 
     Architecture Review into the plan; and
       (G) make recommendations for strengthening the HIDTA 
     program along the Southwest border.
       Sec. 630. (a) Flexiplace Work Telecommuting Programs.--For 
     fiscal year 1999 and each fiscal year thereafter, of the 
     funds made available to each Executive agency for salaries 
     and expenses, at a minimum $50,000 shall be available only 
     for the necessary expenses of the Executive agency to carry 
     out a flexiplace work telecommuting program.
       (b) Definitions.--For purposes of this section:
       (1) Executive agency.--The term ``Executive agency'' means 
     the following list of departments and agencies: Department of 
     State, Treasury, Defense, Justice, Interior, Labor, Health 
     and Human Services, Agriculture, Commerce, Housing and Urban 
     Development, Transportation, Energy, Education, Veterans' 
     Affairs, General Services Administration, Office of Personnel 
     Management, Small Business Administration, Social Security 
     Administration, Environmental Protection Agency, U.S. Postal 
     Service.
       (2) Flexiplace work telecommuting program.--The term 
     ``flexiplace work telecommuting program'' means a program 
     under which employees of an Executive agency are permitted to 
     perform all or a portion of their duties at a flexiplace work 
     telecommuting center established under section 210(l) of the 
     Federal Property and Administrative Services Act of 1949 (40 
     U.S.C. 490(l)) or other Federal law.
       Sec. 631. (a) Meritorious Executive.--Section 4507(e)(1) of 
     title 5, United States Code, is amended by striking 
     ``$10,000'' and inserting ``an amount equal to 20 percent of 
     annual basic pay''.
       (b) Distinguished Executive.--Section 4507(e)(2) of title 
     5, United States Code, is amended by striking ``$20,000'' and 
     inserting ``an amount equal to 35 percent of annual basic 
     pay''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1998, or the date of 
     enactment of this Act, whichever is later.
       Sec. 632. (a) Career SES Performance Awards.--Section 
     5384(b)(3) of title 5, United States Code, is amended--
       (1) by striking ``3 percent'' and inserting ``10 percent''; 
     and
       (2) by striking ``15 percent'' and inserting ``20 
     percent''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 1998, or the date of 
     enactment of this Act, whichever is later.
       Sec. 633. (a) International Postal Arrangements.--Section 
     407 of title 39, United States Code, is amended to read as 
     follows:

[[Page H11186]]

     ``Sec.  407. International Postal Arrangements.

       ``(a)(1) The Secretary of State shall have primary 
     responsibility for formulation, coordination and oversight of 
     policy with respect to United States participation in the 
     Universal Postal Union, including the Universal Postal 
     Convention and other Acts of the Universal Postal Union, 
     amendments thereto, and all postal treaties and conventions 
     concluded within the framework of the Convention and such 
     Acts.
       ``(2) Subject to subsection (d), the Secretary may, with 
     the consent of the President, negotiate and conclude 
     treaties, conventions and amendments referred to in paragraph 
     (1).
       ``(b)(1) Subject to subsections (a), (c), and (d), the 
     Postal Service may, with the consent of the President, 
     negotiate and conclude postal treaties and conventions.
       ``(2) The Postal Service may, with the consent of the 
     President, establish rates of postage or other charges on 
     mail matter conveyed between the United States and other 
     countries.
       ``(3) The Postal Service shall transmit a copy of each 
     postal treaty or convention concluded with other governments 
     under the authority of this subsection to the Secretary of 
     State, who shall furnish a copy to the Public Printer for 
     publication.
       ``(c) The Postal Service shall not conclude any treaty or 
     convention under the authority of this section or any other 
     arrangement related to the delivery of international postal 
     services that is inconsistent with any policy developed 
     pursuant to subsection (a).
       ``(d) In carrying out their responsibilities under this 
     section, the Secretary and the Postal Service shall 
     consult with such federal agencies as the Secretary or the 
     Postal Service considers appropriate, private providers of 
     international postal services, users of international 
     postal services, the general public, and such other 
     persons as the Secretary or the Postal Service considers 
     appropriate.''.
       (b) Sense of Congress.--It is the sense of Congress that 
     any treaty, convention or amendment entered into under the 
     authority of section 407 of title 39 of the United States 
     Code, as amended by this section, should not grant any undue 
     or unreasonable preference to the Postal Service, a private 
     provider of postal services, or any other person.
       (c) Trade-In-Service Programs.--The second sentence of 
     paragraph (5) of section 306(a) of the Trade and Tariff Act 
     of 1984 (19 U.S.C. 2114b(5)) is amended by inserting ``postal 
     and delivery services,'' after ``transportation.''
       (d) Transfer of Funds.--In fiscal year 1999 and each fiscal 
     year hereafter, the Postal Service shall allocate to the 
     Department of State from any funds available to the Postal 
     Service such sums as may be reasonable, documented and 
     auditable for the Department of State to carry out the 
     activities of Section 407 of title 39 of the United States 
     Code.
       Sec. 634. Notwithstanding any provision of law, the 
     President, or his designee, must certify to Congress, 
     annually, that no person or persons with direct or indirect 
     responsibility for administering the Executive Office of the 
     President's Drug-Free Workplace Plan are themselves subject 
     to a program of individual random drug testing.
       Sec. 635. (a) None of the funds made available in this or 
     any other Act may be obligated or expended for any employee 
     training that--
       (1) does not meet identified needs for knowledge, skills, 
     and abilities bearing directly upon the performance of 
     official duties;
       (2) contains elements likely to induce high levels of 
     emotional response or psychological stress in some 
     participants;
       (3) does not require prior employee notification of the 
     content and methods to be used in the training and written 
     end of course evaluation;
       (4) contains any methods or content associated with 
     religious or quasi-religious belief systems or ``new age'' 
     belief systems as defined in Equal Employment Opportunity 
     Commission Notice N-915.022, dated September 2, 1988; or
       (5) is offensive to, or designed to change, participants' 
     personal values or lifestyle outside the workplace.
       (b) Nothing in this section shall prohibit, restrict, or 
     otherwise preclude an agency from conducting training bearing 
     directly upon the performance of official duties.
       Sec. 636. No funds appropriated in this or any other Act 
     for fiscal year 1999 may be used to implement or enforce the 
     agreements in Standard Forms 312 and 4355 of the Government 
     or any other nondisclosure policy, form, or agreement if such 
     policy, form, or agreement does not contain the following 
     provisions: ``These restrictions are consistent with and do 
     not supersede, conflict with, or otherwise alter the employee 
     obligations, rights, or liabilities created by Executive 
     Order No. 12958; section 7211 of title 5, United States Code 
     (governing disclosures to Congress); section 1034 of title 
     10, United States Code, as amended by the Military 
     Whistleblower Protection Act (governing disclosure to 
     Congress by members of the military); section 2302(b)(8) of 
     title 5, United States Code, as amended by the Whistleblower 
     Protection Act (governing disclosures of illegality, waste, 
     fraud, abuse or public health or safety threats); the 
     Intelligence Identities Protection Act of 1982 (50 U.S.C. 421 
     et seq.) (governing disclosures that could expose 
     confidential Government agents); and the statutes which 
     protect against disclosure that may compromise the 
     national security, including sections 641, 793, 794, 798, 
     and 952 of title 18, United States Code, and section 4(b) 
     of the Subversive Activities Act of 1950 (50 U.S.C. 
     783(b)). The definitions, requirements, obligations, 
     rights, sanctions, and liabilities created by said 
     Executive order and listed statutes are incorporated into 
     this agreement and are controlling.'': Provided, That 
     notwithstanding the preceding paragraph, a nondisclosure 
     policy form or agreement that is to be executed by a 
     person connected with the conduct of an intelligence or 
     intelligence-related activity, other than an employee or 
     officer of the United States Government, may contain 
     provisions appropriate to the particular activity for 
     which such document is to be used. Such form or agreement 
     shall, at a minimum, require that the person will not 
     disclose any classified information received in the course 
     of such activity unless specifically authorized to do so 
     by the United States Government. Such nondisclosure forms 
     shall also make it clear that they do not bar disclosures 
     to Congress or to an authorized official of an executive 
     agency or the Department of Justice that are essential to 
     reporting a substantial violation of law.
       Sec. 637. No part of any funds appropriated in this or any 
     other Act shall be used by an agency of the executive branch, 
     other than for normal and recognized executive-legislative 
     relationships, for publicity or propaganda purposes, and for 
     the preparation, distribution or use of any kit, pamphlet, 
     booklet, publication, radio, television or film presentation 
     designed to support or defeat legislation pending before the 
     Congress, except in presentation to the Congress itself.
       Sec. 638. (a) In General.--For calendar year 2000, the 
     Director of the Office of Management and Budget shall prepare 
     and submit to Congress, with the budget submitted under 
     section 1105 of title 31, United States Code, an accounting 
     statement and associated report containing--
       (1) an estimate of the total annual costs and benefits 
     (including quantifiable and nonquantifiable effects) of 
     Federal rules and paperwork, to the extent feasible--
       (A) in the aggregate;
       (B) by agency and agency program; and
       (C) by major rule;
       (2) an analysis of impacts of Federal regulation on State, 
     local, and tribal government, small business, wages, and 
     economic growth; and
       (3) recommendations for reform.
       (b) Notice.--The Director of the Office of Management and 
     Budget shall provide public notice and an opportunity to 
     comment on the statement and report under subsection (a) 
     before the statement and report are submitted to Congress.
       (c) Guidelines.--To implement this section, the Director of 
     the Office of Management and Budget shall issue guidelines to 
     agencies to standardize--
       (1) measures of costs and benefits; and
       (2) the format of accounting statements.
       (d) Peer Review.--The Director of the Office of Management 
     and Budget shall provide for independent and external peer 
     review of the guidelines and each accounting statement and 
     associated report under this section. Such peer review shall 
     not be subject to the Federal Advisory Committee Act (5 
     U.S.C. App.).
       Sec. 639. None of the funds appropriated by this Act or any 
     other Act, may be used by an agency to provide a Federal 
     employee's home address to any labor organization except when 
     it is made known to the Federal official having authority to 
     obligate or expend such funds that the employee has 
     authorized such disclosure or that such disclosure has been 
     ordered by a court of competent jurisdiction.
       Sec. 640. The Secretary of the Treasury is authorized to 
     establish scientific certification standards for explosives 
     detection canines, and shall provide, on a reimbursable 
     basis, for the certification of explosives detection canines 
     employed by Federal agencies, or other agencies providing 
     explosives detection services at airports in the United 
     States.
       Sec. 641. None of the funds made available in this Act or 
     any other Act may be used to provide any non-public 
     information such as mailing or telephone lists to any person 
     or any organization outside of the Federal Government without 
     the approval of the Committees on Appropriations.
       Sec. 642. No part of any appropriation contained in this or 
     any other Act shall be used for publicity or propaganda 
     purposes within the United States not heretofore authorized 
     by the Congress.
       Sec. 643. The Director of the United States Marshals 
     Service is directed to conduct a quarterly threat assessment 
     on the Director of the Office of National Drug Control 
     Policy.
       Sec. 644. Section 636(c) of Public Law 104-208 is amended 
     as follows:
       (1) In subparagraph (1) by inserting after ``United States 
     Code'' the following: ``any agency or court in the Judicial 
     Branch,'';
       (2) In subparagraph (2) by amending ``prosecution, or 
     detention'' to read: ``prosecution, detention, or 
     supervision''; and
       (3) In subparagraph (3) by inserting after ``title 5,'' the 
     following: ``and, with regard to the Judicial Branch, mean a 
     justice or judge of the United States as defined in 28 U.S.C. 
     451 in regular active service or retired from regular active 
     service, other judicial officers as authorized by the 
     Judicial Conference of the United States, and supervisors and 
     managers within the Judicial Branch as authorized by the 
     Judicial Conference of the United States,''.
       Sec. 645. (a) In this section the term ``agency''--
       (1) means an Executive agency as defined under section 105 
     of title 5, United States Code;
       (2) includes a military department as defined under section 
     102 of such title, the Postal Service, and the Postal Rate 
     Commission; and
       (3) shall not include the General Accounting Office.
       (b) Unless authorized in accordance with law or regulations 
     to use such time for other purposes, an employee of an agency 
     shall use official time in an honest effort to perform 
     official duties. An employee not under a leave system, 
     including a Presidential appointee exempted

[[Page H11187]]

     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. 646. Notwithstanding any other provision of law, the 
     Secretary of the Treasury is authorized to, upon submission 
     of proper documentation (as determined by the Secretary), 
     reimburse importers of large capacity military magazine 
     rifles as defined in the Treasury Department's April 6, 1998 
     ``Study on the Sporting Suitability of Modified Semiautomatic 
     Assault Rifles'', for which authority had been granted to 
     import such firearms into the United States on or before 
     November 14, 1997, and released under bond to the importer by 
     the U.S. Customs Service on or before February 10, 1998: 
     Provided, That the importer abandons title to the firearms to 
     the United States: Provided further, That reimbursements are 
     submitted to the Secretary for his approval within 120 days 
     of enactment of this provision. In no event shall 
     reimbursements under this provision exceed the importers cost 
     for the weapons, plus any shipping, transportation, duty, and 
     storage costs related to the importation of such 
     weapons. Money made available for expenditure under 31 
     U.S.C. section 1304(a) in an amount not to exceed 
     $1,000,000 shall be available for reimbursements under 
     this provision: Provided, That accepting the compensation 
     provided under this provision is final and conclusive and 
     constitutes a complete release of any and all claims, 
     demands, rights, and causes of action whatsoever against 
     the United States, its agencies, officers, or employees 
     arising from the denial by the Department of the Treasury 
     of the entry of such firearms into the United States. Such 
     compensation is not otherwise required by law and is not 
     intended to create or recognize any legally enforceable 
     right to any person.
       Sec. 647. (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. 648. International Mail Reporting Requirement. (a) In 
     General.--Chapter 36 of title 39, United States Code, is 
     amended by adding after section 3662 the following:

     ``Sec. 3663. Annual report on international services

       ``(a) Not later than July 1 of each year, the Postal Rate 
     Commission shall transmit to each House of Congress a 
     comprehensive report of the costs, revenues, and volumes 
     accrued by the Postal Service in connection with mail matter 
     conveyed between the United States and other countries for 
     the previous fiscal year.
       ``(b) Not later than March 15 of each year, the Postal 
     Service shall provide to the Postal Rate Commission such data 
     as the Commission may require to prepare the report required 
     under subsection (a) of this section. Data shall be provided 
     in sufficient detail to enable the Commission to analyze the 
     costs, revenues, and volumes for each international mail 
     product or service, under the methods determined appropriate 
     by the Commission for the analysis of rates for domestic 
     mail.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 63 of title 39, United States Code, is 
     amended by adding after the item relating to section 3662 the 
     following:

``3663. Annual report on international services.''.
       Sec. 649. Extension of Sunset Provision. Section 2(f)(2) of 
     the Undetectable Firearms Act of 1988 (18 U.S.C. 922 note) is 
     amended by striking ``(2)'' and all that follows through ``10 
     years'' and inserting the following:
       ``(2) Sunset.--Effective 15 years''.
       Sec. 650. Importation of Certain Grains. (a) Findings.--The 
     Congress finds that--
       (1) importation of grains into the United States at less 
     than the cost to produce those grains is causing injury to 
     the United States producers of those grains;
       (2) importation of grains into the United States at less 
     than the fair value of those grains is causing injury to the 
     United States producers of those grains;
       (3) the Canadian Government and the Canadian Wheat Board 
     have refused to disclose pricing and cost information 
     necessary to determine whether grains are being exported to 
     the United States at prices in violation of United States 
     trade laws or agreements.
       (b) Requirements.--
       (1) The Customs Service, consulting with the United States 
     Trade Representative and the Department of Commerce, shall 
     conduct a study of the efficiency and effectiveness of 
     requiring that all spring wheat, durum or barley imported 
     into the United States be imported into the United States 
     through a single port of entry.
       (2) The Customs Service shall report to the Committees on 
     Appropriations and the Senate Committee on Finance and the 
     House Committee on Ways and Means not later than ninety days 
     after the effective date of this Act on the results of the 
     study required by paragraph (1).
       Sec. 651. Designation of Eugene J. McCarthy Post Office 
     Building. (a) In General.--The building of the United States 
     Postal Service located at 180 East Kellogg Boulevard in Saint 
     Paul, Minnesota, shall be known and designated as the 
     ``Eugene J. McCarthy Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Eugene J. McCarthy Post Office 
     Building''.
       Sec. 652. The Administrator of General Services may 
     provide, from government-wide credit card rebates, up to 
     $3,000,000 in support of the Joint Financial Management 
     Improvement Program as approved by the Chief Financial 
     Officer's Council.
       Sec. 653. Section 6302(g) of title 5, United States Code, 
     is amended by inserting after ``chapter 35'' the following: 
     ``or section 3595''.
       Sec. 654. 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. 655. None of the funds appropriated pursuant to this 
     Act or any other provision of law may be used for any system 
     to implement section 922(t) of title 18, United States Code, 
     unless the system allows, in connection with a person's 
     delivery of a firearm to a Federal firearms licensee as 
     collateral for a loan, the background check to be performed 
     at the time the collateral is offered for delivery to such 
     licensee: Provided, That the licensee notifies local law 
     enforcement within 48 hours of the licensee receiving a 
     denial on the person offering the collateral: Provided 
     further, That the provisions of section 922(t) shall apply at 
     the time of the redemption of the firearm.
       Sec. 656. (a) None of the funds appropriated by this Act 
     may be used to enter into or renew a contract which includes 
     a provision providing prescription drug coverage, except 
     where the contract also includes a provision for 
     contraceptive coverage.
       (b) Nothing in this section shall apply to a contract with:
       (1) any of the following religious plans:
       (a) SelectCare
       (b) Personal CaresHMO
       (c) Care Choices
       (d) OSF Health Plans, Inc.
       (e) Yellowstone Community Health Plan
       (2) any existing or future plan, if the plan objects to 
     such coverage on the basis of religious beliefs.

[[Page H11188]]

       (c) In implementing this section, any plan that enters into 
     or renews a contract under this section may not subject any 
     individual to discrimination on the basis that the individual 
     refuses to prescribe contraceptives because such activities 
     would be contrary to the individual's religious beliefs or 
     moral convictions.
       (d) Nothing in this section shall be construed to require 
     coverage of abortion or abortion-related services.

            TITLE VIII--TECHNICAL AND CLARIFYING AMENDMENTS

     SEC. 801. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO 
                   DISTRICT OF COLUMBIA RETIREMENT FUNDS.

       (a) Permitting Other Federal Entities to Administer 
     Program.--Section 11003 of the Balanced Budget Act of 1997 
     (DC Code, sec. 1-761.2) is amended--
       (1) in paragraph (1), by inserting ``, and includes any 
     agreement with a department, agency, or instrumentality of 
     the United States entered into under that section'' after 
     ``the Trustee''; and
       (2) in paragraph (10), by striking ``, partnership, joint 
     venture, corporation, mutual company, joint-stock company, 
     trust, estate, unincorporated organization, association, or 
     employee organization'' and inserting ``; partnership; joint 
     venture; corporation; mutual company; joint-stock company; 
     trust; estate; unincorporated organization; association; 
     employee organization; or department, agency, or 
     instrumentality of the United States'' .
       (b) Permitting Waiver of Recovery of Amounts Paid in 
     Error.--Section 11021(3) of such Act (DC Code, sec. 1-
     763.1(3)) is amended by inserting ``, or waive recoupment or 
     recovery of,'' after ``recover''.
       (c) Permitting Use of Trust Fund to Cover Administrative 
     Expenses.--Section 11032 of such Act (DC Code, sec. 1-764.2) 
     is amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) In General.--Amounts in the Trust Fund shall be 
     used--
       ``(1) to make Federal benefit payments under this subtitle;
       ``(2) subject to subsection (b)(1), to cover the reasonable 
     and necessary expenses of administering the Trust Fund under 
     the contract entered into pursuant to section 11035(b);
       ``(3) to cover the reasonable and necessary administrative 
     expenses incurred by the Secretary in carrying out the 
     Secretary s responsibilities under this subtitle; and
       ``(4) for such other purposes as are specified in this 
     subtitle.''; and
       (2) in subsection (b)(2), by inserting ``(including 
     expenses described in section 11041(b))'' after ``to 
     administer the Trust Fund''.
       (d) Promoting Flexibility in Administration of Program.--
     Section 11035 of such Act (DC Code, sec. 1-764.5) is 
     amended--
       (1) by redesignating subsection (c) as subsection (e); and
       (2) by inserting after subsection (b) the following new 
     subsections:
       ``(c) Subcontracts.--Notwithstanding any provision of a 
     District Retirement Program or any other law, rule, or 
     regulation, the Trustee may, with the approval of the 
     Secretary, enter into one or more subcontracts with the 
     District Government or any person to provide services to the 
     Trustee in connection with its performance of the contract. 
     The Trustee shall monitor the performance of any such 
     subcontract and enforce its provisions.
       ``(d) Determination by the Secretary.--Notwithstanding 
     subsection (b) or any other provision of this subtitle, the 
     Secretary may determine, with respect to any function 
     otherwise to be performed by the Trustee, that in the 
     interest of economy and efficiency such function shall be 
     performed by the Secretary rather than the Trustee.''.
       (e) Process for Reimbursement of District Government for 
     Expenses of Interim Administration.--Section 11041 of such 
     Act (DC Code, sec. 1-765.1) is amended--
       (1) in subsection (b), by striking ``The Trustee shall'' 
     and inserting ``The Secretary or the Trustee shall, at such 
     times during or after the period of interim administration 
     described in subsection (a) as are deemed appropriate by the 
     Secretary or the Trustee'';
       (2) in subsection (b)(1), by inserting ``the Secretary or'' 
     after ``if''; and
       (3) in subsection (c), by striking ``the replacement plan 
     adoption date'' and inserting ``such time as the Secretary 
     notifies the District Government that the Secretary has 
     directed the Trustee to carry out the duties and 
     responsibilities required under the contract''.
       (f) Annual Federal Payment Into Federal Supplemental 
     Fund.--Section 11053 of such Act (DC Code, sec. 1-766.3) is 
     amended--
       (1) by amending subsection (a) to read as follows:
       ``(a) Annual Amortization Amount.--At the end of each 
     applicable fiscal year the Secretary shall promptly pay into 
     the Federal Supplemental Fund from the General Fund of the 
     Treasury an amount equal to the annual amortization amount 
     for the year (which may not be less than zero).'';
       (2) in subsection (b), by striking ``freeze date'' and 
     inserting ``effective date of this Act'';
       (3) by redesignating subsections (b) and (c) as subsections 
     (c) and (d); and
       (4) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Administrative Expenses.--During each applicable 
     fiscal year, the Secretary shall pay into the Federal 
     Supplemental Fund from the General Fund of the Treasury 
     amounts not to exceed the covered administrative expenses for 
     the year.''.
       (g) Technical Corrections.--(1) Section 11012(c) of such 
     Act (DC Code, sec. 1-752.2(c)) is amended by striking 
     ``District of Columbia Retirement Board'' and inserting 
     ``District Government''.
       (2) Section 11033(c)(1) of such Act (DC Code, sec. 1-
     764.3(c)(1)) is amended by striking ``consisting'' in the 
     first place that it appears.
       (3) Section 11052 of such Act (DC Code, sec. 1-766.2) is 
     amended by inserting ``to'' after ``may be made only''.

     SEC. 802. CLARIFYING TREATMENT OF DISTRICT OF COLUMBIA 
                   EMPLOYEES TRANSFERRED TO FEDERAL RETIREMENT 
                   SYSTEMS.

       (a) Eligibility of Nonjudicial Employees of District of 
     Columbia Courts for Medicare and Social Security Benefits.--
     Section 11246(b) of the Balanced Budget Act of 1997 (Public 
     Law 105-33; 111 Stat. 755) is amended--
       (1) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4); and
       (2) by inserting after paragraph (1) the following new 
     paragraph:
       ``(2) Conforming Amendments to Internal Revenue Code and 
     Social Security.--(A) Section 3121(b)(7)(C) of the Internal 
     Revenue Code of 1986 (relating to the definition of 
     employment for service performed in the employ of the 
     District of Columbia) is amended by inserting `(other than 
     the Federal Employees Retirement System provided in chapter 
     84 of title 5, United States Code)' after `law of the United 
     States'.
       ``(B) Section 210(a)(7)(D) of the Social Security Act (42 
     U.S.C. 410(a)(7)(D)) (relating to the definition of 
     employment for service performed in the employ of the 
     District of Columbia), is amended by inserting `(other than 
     the Federal Employees Retirement System provided in chapter 
     84 of title 5, United States Code)' after `law of the United 
     States.''.
       (b) Vesting Under Previous District of Columbia Retirement 
     Program.--For purposes of vesting pursuant to section 2610(b) 
     of the District of Columbia Government Comprehensive Merit 
     Personnel Act of 1978 (DC Code, sec. 1-627.10(b)), creditable 
     service with the District for employees whose participation 
     in the District Defined Contribution Plan ceases as a result 
     of the implementation of the Balanced Budget Act of 1997 
     shall include--
       (1) continuous service performed by nonjudicial employees 
     of the District of Columbia courts after September 30, 1997; 
     and
       (2) service performed for a successor employer, including 
     the Department of Justice or the District of Columbia 
     Offender Supervision, Defender, and Courts Services Agency 
     established under section 11233 of the Balanced Budget Act of 
     1997, that provides services previously performed by the 
     District government.

     SEC. 803. METHODOLOGY FOR DESIGNATING ASSETS OF RETIREMENT 
                   FUND.

       Section 11033 of the Balanced Budget Act of 1997 (DC Code, 
     sec. 1-764.3) is amended by adding at the end the following 
     new subsection:
       ``(e) Methodology for Designating Assets.--
       ``(1) In general.--In carrying out subsection (b), the 
     Secretary may develop and implement a methodology for 
     designating assets after the replacement plan adoption date 
     that takes into account the value of the District Retirement 
     Fund as of the replacement plan adoption date and the 
     proportion of such value represented by $1.275 billion, 
     together with the income (including returns on investments) 
     earned on the assets of and withdrawals from and deposits to 
     the Fund during the period between such date and the date on 
     which the Secretary designates assets under subsection (b). 
     In implementing a methodology under the previous sentence, 
     the Secretary shall not be required to determine the value of 
     designated assets as of the replacement plan adoption date. 
     Nothing in this paragraph may be deemed to effect the 
     entitlement of the District Retirement Fund to income 
     (including returns on investments) earned after the 
     replacement plan adoption date on assets designated for 
     retention by the Fund.
       ``(2) Employee contributions; judicial retirement and 
     survivors annuity fund.--The Secretary may develop and 
     implement a methodology comparable to the methodology 
     described in paragraph (1) in carrying out the requirements 
     of subsection (c) and in designating assets to be transferred 
     to the District of Columbia Judicial Retirement and Survivors 
     Annuity Fund pursuant to section 124(c)(1) of the District of 
     Columbia Retirement Reform Act (as amended by section 11252).
       ``(3) Discretion of the secretary.--The Secretary's 
     development and implementation of methodologies for 
     designating assets under this subsection shall be final and 
     binding.''.

     SEC. 804. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO 
                   JUDICIAL RETIREMENT PROGRAM.

       (a) Administration of Judicial Retirement and Survivors 
     Annuity Fund.--Section 11-1570, District of Columbia Code, as 
     amended by section 11251 of the Balanced Budget Act of 1997, 
     is amended as follows:
       (1) In subsection (b)(1)--
       (A) by striking ``title I of the National Capital 
     Revitalization and Self-Government Improvement Act of 1997'' 
     and inserting ``subtitle A of title XI of the Balanced Budget 
     Act of 1997''; and
       (B) by inserting after the second sentence the following 
     new sentences: ``Notwithstanding any other provision of 
     District law or any other law, rule, or regulation, any 
     Trustee, contractor, or enrolled actuary selected by the 
     Secretary under this subsection may, with the approval of the 
     Secretary, enter into one or more subcontracts with the 
     District of Columbia government or any person to provide 
     services to such Trustee, contractor, or enrolled actuary in 
     connection with its performance of its agreement with the 
     Secretary. Such Trustee, contractor, or enrolled actuary 
     shall monitor the performance of any subcontract to which it 
     is a party and enforce its provisions.''.
       (2) In subsection (b)(2)--
       (A) by striking ``chief judges of the District of Columbia 
     Court of Appeals and Superior Court

[[Page H11189]]

     of the District of Columbia'' and inserting ``Secretary'';
       (B) by striking ``and the Secretary'';
       (C) by striking ``and appropriations''; and
       (D) by striking ``and deficiency''.
       (3) By amending subsection (c) to read as follows:
       ``(c)(1) Amounts in the Fund are available--
       ``(A) for the payment of judges retirement pay, annuities, 
     refunds, and allowances under this subchapter;
       ``(B) to cover the reasonable and necessary expenses of 
     administering the Fund under any agreement entered into with 
     a Trustee, contractor, or enrolled actuary under subsection 
     (b)(1), including any agreement with a department, agency or 
     instrumentality of the United States; and
       ``(C) to cover the reasonable and necessary administrative 
     expenses incurred by the Secretary in carrying out the 
     Secretary's responsibilities under this subchapter.
       ``(2) Notwithstanding any other provision of District law 
     or any other law, rule, or regulation--
       ``(A) the Secretary may review benefit determinations under 
     this subchapter made prior to the date of the enactment of 
     the Balanced Budget Act of 1997, and shall make initial 
     benefit determinations after such date; and
       ``(B) the Secretary may recoup or recover, or waive 
     recoupment or recovery of, any amounts paid under this 
     subchapter as a result of errors or omissions by any 
     person.''.
       (4) In subsection (d)(1)--
       (A) by striking ``Subject to the availability of 
     appropriations, there shall be deposited into the Fund'' and 
     inserting ``The Secretary shall pay into the Fund from the 
     General Fund of the Treasury''; and
       (B) by striking ``(beginning with the first fiscal year 
     which ends more than 6 months after the replacement plan 
     adoption date described in section 103(13) of the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997)''.
       (5) In subsection (d)(2)(A)--
       (A) by striking ``June 30, 1997'' and inserting ``September 
     30, 1997''; and
       (B) by striking ``net the sum of future normal cost'' and 
     inserting ``net of the sum of the present value of future 
     normal costs''.
       (6) In subsection (d)(3), by striking ``shall be taken from 
     sums available for that fiscal year for the payment of the 
     expenses of the Court, and''.
       (7) By adding at the end the following new subsections:
       ``(h) For purposes of the Internal Revenue Code of 1986--
       ``(1) the Fund shall be treated as a trust described in 
     section 401(a) of the Code that is exempt from taxation under 
     section 501(a) of the Code;
       ``(2) any transfer to or distribution from the Fund shall 
     be treated in the same manner as a transfer to or 
     distribution from a trust described in section 401(a) of the 
     Code; and
       ``(3) the benefits provided by the Fund shall be treated as 
     benefits provided under a governmental plan maintained by the 
     District of Columbia.
       ``(i) For purposes of the Employee Retirement Income 
     Security Act of 1974, the benefits provided by the Fund shall 
     be treated as benefits provided under a governmental plan 
     maintained by the District of Columbia.
       ``(j) To the extent that any provision of subpart A of part 
     I of subchapter D of the chapter 1 of the Internal Revenue 
     Code of 1986 (26 U.S.C. 401 et seq.) is amended after the 
     date of the enactment of this subsection, such provision as 
     amended shall apply to the Fund only to the extent the 
     Secretary determines that application of the provision as 
     amended is consistent with the administration of this 
     subchapter.
       ``(k) Federal obligations for benefits under this 
     subchapter are backed by the full faith and credit of the 
     United States.''.
       (b) Regulatory Authority of Secretary.--Section 11251 of 
     the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 
     756) is amended--
       (1) by redesignating subsection (b) as subsection (c);
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Regulations; Effect on Reform Act.--Title 11, 
     District of Columbia Code, is amended by adding the following 
     new section:

     `Sec. 11-1572. Regulations; effect on Reform Act.

       `(a) The Secretary is authorized to issue regulations to 
     implement, interpret, administer and carry out the purposes 
     of this subchapter, and, in the Secretary's discretion, those 
     regulations may have retroactive effect, except that nothing 
     in this subsection may be construed to permit the Secretary 
     to issue any regulation to retroactively reduce or eliminate 
     the benefits to which any individual is entitled under this 
     subchapter.
       `(b) This subchapter supersedes any provision of the 
     District of Columbia Retirement Reform Act (Public Law 96-
     122) inconsistent with this subchapter and the regulations 
     thereunder.'.''; and
       (3) by amending subsection (c) (as so redesignated) to read 
     as follows:
       ``(c) Clerical Amendments.--
       ``(1) The table of sections for subchapter III of chapter 
     15 of title 11, District of Columbia Code, is amended by 
     amending the item relating to section 11-1570 to read as 
     follows:

`11-1570. The District of Columbia Judicial Retirement and Survivors 
              Annuity Fund.'.
       ``(2) The table of sections for subchapter III of chapter 
     15 of title 11, District of Columbia Code, is amended by 
     adding at the end the following new item:

`11-1572. Regulations; effect on Reform Act.'.''
       (c) Termination of Previous Fund and Program.--Section 124 
     of the District of Columbia Retirement Reform Act (DC Code, 
     sec. 1-714), as amended by section 11252(a) of the Balanced 
     Budget Act of 1997, is amended--
       (1) in subsection (a), by inserting ``(except as provided 
     in section 11-1570, District of Columbia Code)'' after ``the 
     following'';
       (2) in subsection (c)(1), by striking ``title I of the 
     National Capital Revitalization and Self-Government 
     Improvement Act of 1997'' and inserting ``subtitle A of title 
     XI of the Balanced Budget Act of 1997''; and
       (3) in subsection (c)(2)--
       (A) by striking ``(2) The'' and inserting ``(2) In 
     accordance with the direction of the Secretary, the'';
       (B) by striking ``in the Treasury'' and inserting ``at the 
     Board''; and
       (C) by striking ``appropriated'' and inserting ``used''.
       (d) Administration of Retirement Funds.--Section 11252 of 
     the Balanced Budget Act of 1997 is amended--
       (1) by redesignating subsection (b) as subsection (c);
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Transition from District of Columbia 
     Administration.--Sections 11023, 11032(b)(2), 11033(d), and 
     11041 shall apply to the administration of the District of 
     Columbia Judges Retirement Fund established under section 124 
     of the District of Columbia Retirement Reform Act (DC Code, 
     sec. 1-714), the District of Columbia Judicial Retirement and 
     Survivors Annuity Fund established under section 11-1570, 
     District of Columbia Code, and the retirement program for 
     judges under subchapter III of chapter 15 of title 11, 
     District of Columbia Code, except as follows:
       ``(1) In applying each such section--
       ``(A) any reference to this subtitle shall instead refer to 
     subchapter III of chapter 15 of title 11, District of 
     Columbia Code;
       ``(B) any reference to the District Retirement Program 
     shall be deemed to include the retirement program for judges 
     under subchapter III of chapter 15 of title 11, District of 
     Columbia Code;
       ``(C) any reference to the District Retirement Fund shall 
     be deemed to include the District of Columbia Judges 
     Retirement Fund established under section 124 of the District 
     of Columbia Retirement Reform Act;
       ``(D) any reference to Federal benefit payments shall be 
     deemed to include judges retirement pay, annuities, refunds 
     and allowances under subchapter III of chapter 15 of title 
     11, District of Columbia Code;
       ``(E) any reference to the Trust Fund shall instead refer 
     to the District of Columbia Judicial Retirement and Survivors 
     Annuity Fund established under section 11-1570, District of 
     Columbia Code;
       ``(F) any reference to section 11033 shall instead refer to 
     section 124 of the District of Columbia Retirement Reform 
     Act, as amended by section 11252; and
       ``(G) any reference to chapter 2 shall instead refer to 
     section 11-1570, District of Columbia Code.
       ``(2) In applying section 11023--
       ``(A) any reference to the contract shall instead refer to 
     the agreement referred to in section 11-1570(b), District of 
     Columbia Code; and
       ``(B) any reference to the Trustee shall instead refer to 
     the Trustee or contractor referred to in section 11-1570(b), 
     District of Columbia Code.
       ``(3) In applying section 11033(d)--
       ``(A) any reference to this section shall instead refer to 
     section 124 of the District of Columbia Retirement Reform 
     Act, as amended by section 11252; and
       ``(B) any reference to the Trustee shall instead refer to 
     the Secretary or the Trustee or contractor referred to in 
     section 11-1570(b), District of Columbia Code.
       ``(4) In applying section 11041(b), any reference to the 
     Trustee shall instead refer to the Trustee or contractor 
     referred to in section 11-1570(b), District of Columbia 
     Code.''; and
       (3) by adding at the end the following new subsection:
       ``(d) Effective Date.--The provisions of subsection (c) 
     shall take effect on the date on which the assets of the 
     District of Columbia Judges Retirement Fund are transferred 
     to the District of Columbia Judicial Retirement and Survivors 
     Annuity Fund.''.
       (e) Miscellaneous Technical and Clerical Amendments.--(1) 
     Sections 11-1568(d) and 11-1569, District of Columbia Code, 
     are each amended by striking ``Mayor'' each place it appears 
     and inserting ``Secretary of the Treasury''.
       (2) Section 11-1568.2, District of Columbia Code, is 
     amended by striking ``Mayor of the District of Columbia'' 
     each place it appears and inserting ``Secretary of the 
     Treasury''.
       (3) Section 121(b)(1)(A) of the District of Columbia 
     Retirement Reform Act (DC Code, sec. 1-711(b)(1)(A)), as 
     amended by section 11252(c)(1) of the Balanced Budget Act of 
     1997 (as redesignated by subsection (d)(1)), is amended in 
     the matter preceding clause (i), by striking ``11'' and 
     inserting ``12''.
       (4) Section 11-1561(4), District of Columbia Code, as 
     amended by section 11253(b) of the Balanced Budget Act of 
     1997, is amended by striking ``sections'' and inserting 
     ``section''.
       (5) Section 11253(c) of the Balanced Budget Act of 1997 
     (Public Law 105-33; 111 Stat. 759) is amended to read as 
     follows:
       ``(c) Treatment of Federal Service of Judges.--Section 11-
     1564, District of Columbia Code, is amended--
       ``(1) in subsection (d)(2)(A), by striking `section 1-
     1814)' and inserting `section 1-714) or the District of 
     Columbia Judicial Retirement and Survivors Annuity Fund 
     (established by section 11-1570)'; and
       ``(2) in subsection (d)(4), by striking `Judges Retirement 
     Fund established by section 124(a) of 

[[Page H11190]]

     the District of Columbia Retirement Reform Act' and 
     inserting `Judicial Retirement and Survivors Annuity Fund 
     under section 11-1570'.''.
       (6) Section 11253 of the Balanced Budget Act of 1997 
     (Public Law 105-33; 111 Stat. 759) is amended by adding at 
     the end the following new subsection:
       ``(d) Redeposits to Fund.--Section 11-1568.1(4)(A), 
     District of Columbia Code, is amended by striking `Judges 
     Retirement Fund' and inserting `Judicial Retirement and 
     Survivors Annuity Fund'.''.
       (f) Effective Date.--The amendments made by subsections 
     (a)(2), (a)(4), and (a)(6) shall take effect October 1, 1998.

     SEC. 805. EFFECTIVE DATE.

       Except as otherwise specifically provided, this title and 
     the amendments made by this title shall take effect as if 
     included in the enactment of title XI of the Balanced Budget 
     Act of 1997.

       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 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.
       (k) Not later than 6 months after the date of the enactment 
     of this Act, and every 6 months thereafter (until all 
     applications for adjustment of status under this section have 
     been finally adjudicated), the Comptroller General of the 
     United States shall submit to the Committees on the Judiciary 
     and the Committees on Appropriations of the United States 
     House of Representatives and the United States Senate a 
     report containing the following:
       (1)(A) The number of aliens who applied for adjustment of 
     status under subsection (a), including a breakdown specifying 
     the number of such applicants who are described in 
     subparagraph (A), (B), or (C) of subsection (b)91), 
     respectively.
       (B) the number of aliens described in subparagraph (A) 
     whose status was ajusted under this section, including a 
     breakdown described in the subparagraph.
       (2)(A) The number of aliens who applied for adjustment of 
     status under subsection (d), including a breakdown specifying 
     the number of such applicants who are sponsors, children, or 
     unmarried sons or daughters described in such subsection, 
     respectively.
       (B) The number of aliens described in subparagraph (A) 
     whose status was adjusted under this section, including a 
     breakdown described in the subparagraph.
       Sec. 903. 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

[[Page H11191]]

     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''.
       Sec. 102. For the purpose of carrying out the provisions of 
     the Tennessee Valley Authority Act of 1933, as amended (16 
     U.S.C. ch. 12A), including hire, maintenance, and operation 
     of aircraft, and purchase and hire of passenger motor 
     vehicles, $50,000,000 is hereby appropriated: Provided, That 
     use of the funds provided herein is limited to the purposes 
     for which funds were provided under this heading in Public 
     Law 105-62: Provided further, That of the amounts 
     appropriated under this section, $7,000,000 shall be 
     available for operation, maintenance, surveillance, and 
     improvement of Land Between the Lakes.
       Sec. 103. Repurchase of Bonds by the Tennessee Valley 
     Authority. (a) Repurchase.--Notwithstanding any other 
     provision of law or any term contained in any bond issued by 
     the Tennessee Valley Authority to the Federal Financing 
     Bank--
       (1) subject to subsection (b), the Tennessee Valley 
     Authority shall have the right to repurchase all such bonds 
     by payment of the principal amount of the bonds plus interest 
     to the date of repurchase;
       (2) the Federal Financing Bank shall not require payment 
     from the Tennessee Valley Authority of any additional amount 
     in connection with the repurchase; and
       (3) there is hereby appropriated to the Federal Financing 
     Bank such amounts as may be necessary to pay the difference 
     between (1) the amount that the Tennessee Valley Authority 
     paid to the Federal Financing Bank to prepay its outstanding 
     loans from the Federal Financing Bank under this section and 
     (2) the amount that the Federal Financing Bank would have 
     received otherwise.
       (b) No Further Financing.--Notwithstanding any other law, 
     after the date of repurchase of bonds under subsection (a), 
     the Tennessee Valley Authority shall not be entitled or 
     permitted to obtain financing from the Federal Financing 
     Bank.
       (c) Use of Savings.--
       (1) In general.--From non-appropriated funds, beginning on 
     the date of repurchase of bonds and ending on the date on 
     which the bonds would have matured but for this section, 
     amounts that, as determined under paragraph (2), are 
     equivalent to amounts that the Tennessee Valley Authority 
     saves as a result of the repurchase of bonds shall be used to 
     reduce debt of the Tennessee Valley Authority.
       (2) Determination of amount of savings.--On each date on 
     which a payment of interest would have been made on a 
     repurchased bond if the bond had not been repurchased, the 
     Tennessee Valley Authority shall be considered to realize a 
     saving in the amount of the difference between--
       (A) the amount of interest that would have been due at the 
     rate of interest specified in the bond; and
       (B) the amount of interest that would have been due if the 
     rate of interest specified in the bond had been the yield to 
     maturity of a marketable public obligation of the United 
     States with a maturity of 10 years as of September 30, 1997.
       Sec. 104. Section 312 of Public Law 105-245, the Energy and 
     Water Development Appropriations Act, 1999, is repealed.
       Sec. 105. An additional amount of $35,000,000, to remain 
     available until expended, for Department of Defense--Civil, 
     Department of the Army, Corps of Engineers--Civil, 
     ``Construction, General'', is hereby appropriated for the 
     Columbia River Fish Mitigation, Washington, Oregon, and 
     Idaho, project.
       Sec. 106. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use $1,500,000 of the 
     funds previously appropriated in ``Construction, General'', 
     for the Lackawanna River, Scranton, Pennsylvania, project to 
     initiate construction of the Delaware River Mainstem and 
     Channel Deepening, Delaware, New Jersey, and Pennsylvania, 
     project. The Secretary of the Army, acting through the 
     Chief of Engineers, is directed to use $400,000 of the 
     funds previously appropriated in ``Construction, 
     General'', for the Lackawanna River, Scranton, 
     Pennsylvania, project to initiate a comprehensive review 
     of aquatic ecosystem restoration initiatives in the Upper 
     Susquehanna-Lackawanna Watershed under the Aquatic 
     Ecosystem Restoration (Section 206) program. Subject to 
     enactment of authorizing legislation, the Secretary of the 
     Army, acting through the Chief of Engineers, is directed 
     to use $340,000 of the available ``Construction, General'' 
     funds to initiate construction of the Pierre, South 
     Dakota, flood mitigation project. The Secretary of the 
     Army, acting through the Chief of Engineers, is directed 
     to use $1,500,000 of the funds appropriated in 
     ``Construction, General'', in Public Law 105-245 for the 
     South Central Pennsylvania Environment Improvement Program 
     only for water-related environmental infrastructure and 
     resource protection and development projects in Allegheny 
     County, Pennsylvania, in accordance with the purposes of 
     subsection (a) and requirements of subsections (b) through 
     (e) of section 313 of the Water Resources Development Act 
     of 1992, as amended.
       Sec. 107. The Secretary of the Army, acting through the 
     Chief of Engineers, is authorized and directed to use 
     $750,000 of available ``Construction, General'' funds for 
     engineering and design, and repair of the Archusa Dam and 
     appurtenant structures located in Quitman, Mississippi.
       Sec. 108. An additional amount of $60,000,000 for 
     Department of Energy--Energy Programs, ``Energy Supply'', is 
     hereby appropriated to remain available until September 30, 
     2000.
       Sec. 109. An additional amount of $15,000,000, to remain 
     available until expended, for Department of Energy--Energy 
     Programs, ``Science'', is hereby appropriated.
       Sec. 110. Lake Powell. No funds appropriated by this Act or 
     any other Act for fiscal year 1999 shall be used to study or 
     implement any plan to drain Lake Powell or decommission the 
     Glen Canyon Dam.
       Sec. 111. Notwithstanding any other provision of law, for 
     necessary expenses relating to construction of, and 
     improvements to, surface transportation projects located in 
     the Commonwealth of Massachusetts, $100,000,000, to remain 
     available until expended.
       Sec. 112. Notwithstanding any other provision of law, for 
     necessary expenses relating to construction of, and 
     improvements to, Corridor X of the Appalachian development 
     highway system located in the State of Alabama, $100,000,000, 
     to remain available until expended.
       Sec. 113. Notwithstanding any other provision of law, for 
     necessary expenses relating to construction of, and 
     improvements to, the Appalachian development highway system 
     in the State of West Virginia, $32,000,000, to remain 
     available until expended.
       Sec. 114. Notwithstanding any other provision of law, for 
     necessary expenses relating to construction of, and 
     improvements to, highway projects in the corridor designated 
     by section 1105(c)(18)(C)(ii) of the Intermodal Surface 
     Transportation Efficiency Act of 1991 (105 Stat. 2032-2033), 
     as amended by section 1211(i) of the Transportation Equity 
     Act for the 21st Century, $100,000,000, to remain available 
     until expended.
       Sec. 115. Notwithstanding any other provision of law, to 
     enable the Secretary of Transportation to make grants to the 
     Alaska Railroad, $28,000,000, to remain available until 
     expended, which shall be for capital improvements benefiting 
     its passenger rail operations.
       Sec. 116. Of the unobligated balances authorized in Public 
     Law 102-240 under 49 U.S.C. 5338(b)(1), $392,000,000 is 
     rescinded.
       Sec. 117. Notwithstanding any other provision of law, 
     within the funding made available in the Department of 
     Transportation and Related

[[Page H11192]]

     Agencies Appropriations Act, 1999 for discretionary grants 
     under the obligation limitation for Federal Aviation 
     Administration, ``Grants-in-Aid for Airports'' in fiscal 
     year 1999, not less than $11,250,000 shall be made 
     available for capital improvement projects at the Wilkes-
     Barre/Scranton International Airport.
       Sec. 118. Notwithstanding any other provision of law, 
     within the funding made available in the Department of 
     Transportation and Related Agencies Appropriations Act, 1999 
     for discretionary grants under the obligation limitation for 
     Federal Aviation Administration, ``Grants-in-Aid for 
     Airports'' in fiscal year 1999, not less than $7,000,000 
     shall be made available for capital improvement projects at 
     the Minneapolis-St. Paul International Airport.
       Sec. 119. The Legislative Branch Appropriations Act, 1999, 
     is amended by amending the item relating to ``JOINT ITEMS--
     Joint Committee on Printing'' to read as follows:

                     ``Joint Committee on Printing

       ``For salaries and expenses of the Joint Committee on 
     Printing, $202,000, to be disbursed by the Secretary of the 
     Senate, together with an additional amount of $150,000 if 
     there is enacted into law legislation which transfers the 
     legislative and oversight responsibilities of the Joint 
     Committee on Printing to the Committee on House Oversight of 
     the House of Representatives: Provided, That such additional 
     amount shall be transferred to the Committee on House 
     Oversight of the House of Representatives and made available 
     beginning January 1, 1999: Provided further, That such 
     additional amount shall be disbursed by the Chief 
     Administrative Officer of the House of Representatives.''.
       Sec. 120. For carrying out the provisions of division C, 
     title II of this Act, $30,000,000, including $750,000 for the 
     cost of the direct loan under section 207(a), $20,000,000 for 
     the payments in section 207(d), $250,000 for the cost of 
     direct loans under section 211(e), $1,000,000 for the cost of 
     a direct loan in the Bering Sea and Aleutian Islands crab 
     fisheries under the authority of section 312(b) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1861a(b)), and $6,000,000 and $2,000,000 for the 
     Secretary of Commerce and Secretary of Transportation, 
     respectively, to implement division C, title II.
       Sec. 121. In addition to amounts provided in the conference 
     report accompanying H.R. 4194 (H. Rept. 105-769), the 
     following funds are hereby appropriated: $10,000,000 for 
     ``Housing opportunities for persons with AIDS'', to remain 
     available until expended; $45,000,000 to the Secretary of 
     Housing and Urban Development for ``Urban Empowerment Zones'' 
     for grants in connection with a second round of the 
     empowerment zones program in urban areas, designated by the 
     Secretary of Housing and Urban Development in fiscal year 
     1999 pursuant to the Taxpayer Relief Act of 1997, including 
     $3,000,000 for each empowerment zone for use in conjunction 
     with economic development activities consistent with the 
     strategic plan of each empowerment zone, to remain available 
     until expended; $20,000,000 for ``State and tribal assistance 
     grants'' for a grant for construction and related activities 
     for wastewater treatment for Boston, Massachusetts, to remain 
     available until expended; $10,000,000 for ``National and 
     community service programs operating expenses'' for grants 
     under the National Service Trust program authorized under 
     subtitle C of title I of the National and Community Service 
     Act of 1990 (42 U.S.C. 12571 et seq.) (relating to activities 
     including the AmeriCorps program), to remain available until 
     September 30, 2000: Provided, That none of the funds provided 
     herein for ``National and community service programs 
     operating expenses'' may be used to administer, reimburse, or 
     support any national service program authorized under section 
     121(d)(2) of the aforementioned Act; $10,000,000 
     for ``Science and technology'', for research associated 
     with the Climate Change Technology Initiative, to remain 
     available until September 30, 2000: Provided further, That 
     the obligated balance of such $10,000,000 shall remain 
     available through September 30, 2007 for liquidating 
     obligations made in fiscal years 1999 and 2000; and 
     $15,000,000 for ``Community development financial 
     institutions fund program account'', to remain available 
     until September 30, 2000.
       Of the amount appropriated in H.R. 4194, the Departments of 
     Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1999, under the 
     heading ``Community development block grants'', $4,750,000 
     shall be available as a grant to Cayuga County, New York, to 
     repair and rehabilitate the seawalls at the Owasco Lake 
     outlet, and $250,000 shall be available as a grant to 
     Jackson, Michigan, to remove a portion of the Grand River 
     culvert in Jackson, Michigan.
       Sec. 122. Upon enactment of H.R. 4194, the Departments of 
     Veterans Affairs and Housing and Urban Development, and 
     Independent Agencies Appropriations Act, 1999, section 202 of 
     that Act is hereby repealed.
       Sec. 123. Section 513(a) of the ``Quality Housing and Work 
     Responsibility Act of 1998'' is amended, upon enactment, by 
     inserting after ``40 percent'' at the end of proposed section 
     16(c)(3) of the United States Housing Act of 1937, as set 
     forth in section 513(a), the following: ``shall be available 
     for leasing only by families whose incomes at the time of 
     commencement of occupancy do not exceed 30 percent of the 
     area median income, as determined by the Secretary with 
     adjustments for smaller and larger families.''.
       Sec. 124. Notwithstanding the third undesignated paragraph 
     under the heading ``Community development block grants'' 
     under title II of the Departments of Veterans Affairs and 
     Housing and Urban Development, and Independent Agencies 
     Appropriations Act, 1999, of the amount made available under 
     such heading for the city of Oklahoma City, Oklahoma, up to 
     50 percent of such amount shall be available to such city for 
     payment of claims for bomb damage and repairs for 
     infrastructure located in the area described in clause (1) of 
     such undesignated paragraph. Any amounts available for use 
     under such undesignated paragraph that are not expended to 
     pay such claims or for such repairs shall be utilized for the 
     revolving loan pool described in such undesignated paragraph.
       Sec. 125. Of the amounts earmarked in the Joint Explanatory 
     Statement of the Committee of Conference accompanying H.R. 
     4194 for grants targeted for economic investments, $2,000,000 
     made available to the Hawaii Housing Authority for work 
     associated with the construction of the Community Resource 
     Center at Kuhio Homes/Kuhio Park Terrace in Honolulu, Hawaii 
     shall instead be made available to the Housing and Community 
     Development Corporation of Hawaii for the same purpose.
       Sec. 126. If the President makes the appointment to the 
     position of Under Secretary for Health of the Department of 
     Veterans Affairs authorized by section 907 of the Veterans 
     Programs Enhancement Act of 1998, the individual appointed 
     shall receive the pay and allowances authorized for that 
     position as if the appointment had been made on September 29, 
     1998, except that the amount of such pay and allowances that 
     is attributable to the period beginning on September 29, 
     1998, and ending on the day before the date of that 
     appointment shall be reduced by any amount paid that 
     individual by the United States for personal services 
     performed during that period.
       Sec. 127. Trade Deficit Review Commission. (a) Short 
     Title.--This section may be cited as the ``Trade Deficit 
     Review Commission Act''.
       (b) Findings.--Congress makes the following findings:
       (1) The United States continues to run substantial 
     merchandise trade and current account deficits.
       (2) Economic forecasts anticipate continued growth in such 
     deficits in the next few years.
       (3) The positive net international asset position that the 
     United States built up over many years was eliminated in the 
     1980s. The United States today has become the world's largest 
     debtor nation.
       (4) The United States merchandise trade deficit is 
     characterized by large bilateral trade imbalances with a 
     handful of countries.
       (5) The United States has one of the most open borders and 
     economies in the world. The United States faces significant 
     tariff and nontariff trade barriers with its trading 
     partners. The United States does not benefit from fully 
     reciprocal market access.
       (6) The United States is once again at a critical juncture 
     in trade policy development. The nature of the United States 
     trade deficit and its causes and consequences must be 
     analyzed and documented.
       (c) Establishment of Commission.--
       (1) Establishment.--There is established a commission to be 
     known as the Trade Deficit Review Commission (hereafter in 
     this section referred to as the ``Commission'').
       (2) Purpose.--The purpose of the Commission is to study the 
     nature, causes, and consequences of the United States 
     merchandise trade and current account deficits.
       (3) Membership of commission.--
       (A) Composition.--The Commission shall be composed of 12 
     members as follows:
       (i) Three persons shall be appointed by the President pro 
     tempore of the Senate upon the recommendation of the Majority 
     Leader of the Senate, after consultation with the Chairman of 
     the Committee on Finance.
       (ii) Three persons shall be appointed by the President pro 
     tempore of the Senate upon the recommendation of the Minority 
     Leader of the Senate, after consultation with the ranking 
     minority member of the Committee on Finance.
       (iii) Three persons shall be appointed by the Speaker of 
     the House of Representatives, after consultation with the 
     Chairman of the Committee on Ways and Means.
       (iv) Three persons shall be appointed by the Minority 
     Leader of the House of Representatives, after consultation 
     with the ranking minority member of the Committee on Ways and 
     Mean.
       (B) Qualifications of members.--
       (i) Appointments.--Persons who are appointed under 
     subparagraph (A) shall be persons who--

       (I) have expertise in economics, international trade, 
     manufacturing, labor, environment, business, or have other 
     pertinent qualifications or experience; and
       (II) are not officers or employees of the United States.

       (ii) Other considerations.--In appointing Commission 
     members, every effort shall be made to ensure that the 
     members--

       (I) are representative of a broad cross-section of economic 
     and trade perspectives within the United States; and
       (II) provide fresh insights to analyzing the causes and 
     consequences of United States merchandise trade and current 
     account deficits.

       (4) Period of appointment; vacancies.--
       (A) In general.--Members shall be appointed not later than 
     60 days after the date of enactment of this Act and the 
     appointment shall be for the life of the Commission.
       (B) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment.
       (5) Initial meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold its first meeting.
       (6) Meetings.--The Commission shall meet at the call of the 
     Chairperson.
       (7) Chairperson and vice chairperson.--The members of the 
     Commission shall elect a chairperson and vice chairperson 
     from among the members of the Commission.

[[Page H11193]]

       (8) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum for the transaction of business.
       (9) Voting.--Each member of the Commission shall be 
     entitled to 1 vote, which shall be equal to the vote of every 
     other member of the Commission.
       (d) Duties of the Commission.--
       (1) In general.--The Commission shall be responsible for 
     examining the nature, causes, and consequences of, and the 
     accuracy of available data on, the United States merchandise 
     trade and current account deficits.
       (2) Issues to be addressed.--The Commission shall examine 
     and report to the President, the Committee on Ways and Means 
     of the House of Representatives, the Committee on Finance of 
     the Senate, and other appropriate committees of Congress on 
     the following:
       (A) The relationship of the merchandise trade and current 
     account balances to the overall well-being of the United 
     States economy, and to wages and employment in various 
     sectors of the United States economy.
       (B) The impact that United States monetary and fiscal 
     policies may have on United States merchandise trade and 
     current account deficits.
       (C) The extent to which the coordination, allocation, and 
     accountability of trade responsibilities among Federal 
     agencies may contribute to the trade and current account 
     deficits.
       (D) The causes and consequences of the merchandise trade 
     and current account deficits and specific bilateral trade 
     deficits, including--
       (i) identification and quantification of--

       (I) the macroeconomic factors and bilateral trade barriers 
     that may contribute to the United States merchandise trade 
     and current account deficits;
       (II) any impact of the merchandise trade and current 
     account deficits on the domestic economy, industrial base, 
     manufacturing capacity, technology, number and quality of 
     jobs, productivity, wages, and the United States standard of 
     living;
       (III) any impact of the merchandise trade and current 
     account deficits on the defense production and innovation 
     capabilities of the United States; and
       (IV) trade deficits within individual industrial, 
     manufacturing, and production sectors, and any relationship 
     between such deficits and the increasing volume of intra-
     industry and intra-company transactions;

       (ii) a review of the adequacy and accuracy of the current 
     collection and reporting of import and export data, and the 
     identification and development of additional data bases and 
     economic measurements that may be needed to properly quantify 
     the merchandise trade and current account balances, and any 
     impact the merchandise trade and current account balances may 
     have on the United States economy; and
       (iii) the extent to which there is reciprocal market access 
     substantially equivalent to that afforded by the United 
     States in each country with which the United States has a 
     persistent and substantial bilateral trade deficit, and the 
     extent to which such deficits have become structural.
       (E) Any relationship of United States merchandise trade and 
     current account deficits to both comparative and competitive 
     trade advantages within the global economy, including--
       (i) a systematic analysis of the United States trade 
     patterns with different trading partners and to what extent 
     the trade patterns are based on comparative and competitive 
     trade advantages;
       (ii) the extent to which the increased mobility of capital 
     and technology has changed both comparative and competitive 
     trade advantages;
       (iii) any impact that labor, environmental, or health and 
     safety standards may have on comparative and competitive 
     trade advantages;
       (iv) the effect that offset and technology transfer 
     agreements have on the long-term competitiveness of the 
     United States manufacturing sectors; and
       (v) any effect that international trade, labor, 
     environmental, or other agreements may have on United States 
     competitiveness.
       (F) The extent to which differences in the growth rates of 
     the United States and its trading partners may impact on 
     United States merchandise trade and current account deficits.
       (G) The impact that currency exchange rate fluctuations and 
     any manipulation of exchange rates may have on United States 
     merchandise trade and current account deficits.
       (H) The flow of investments both into and out of the United 
     States, including--
       (i) any consequences for the United States economy of the 
     current status of the United States as a debtor nation;
       (ii) any relationship between such investment flows and the 
     United States merchandise trade and current account deficits 
     and living standards of United States workers;
       (iii) any impact such investment flows may have on United 
     States labor, community, environmental, and health and safety 
     standards, and how such investment flows influence the 
     location of manufacturing facilities; and
       (iv) the effect of barriers to United States foreign direct 
     investment in developed and developing nations, particularly 
     nations with which the United States has a merchandise trade 
     and current account deficit.
       (e) Final Report.--
       (1) In general.--Not later than 12 months after the date of 
     the initial meeting of the Commission, the Commission shall 
     submit to the President and Congress a final report which 
     contains--
       (A) the findings and conclusions of the Commission 
     described in subsection (d); and
       (B) recommendations for addressing the problems identified 
     as part of the Commission's analysis.
       (2) Separate views.--Any member of the Commission may 
     submit additional findings and recommendations as part of the 
     final report.
       (f) Powers of Commission.--
       (1) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission may find advisable to 
     fulfill the requirements of this section. The Commission 
     shall hold at least 1 or more hearings in Washington, D.C., 
     and 4 in different regions of the United States.
       (2) Information from federal agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as the Commission considers necessary to carry 
     out the provisions of this section. Upon request of the 
     Chairperson of the Commission, the head of such department or 
     agency shall furnish such information to the Commission.
       (3) Postal services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (g) Commission Personnel Matters.--
       (1) Compensation of members.--Each member of the Commission 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which such member is engaged in the performance of the duties 
     of the Commission.
       (2) Travel expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (3) Staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws and regulations, 
     appoint and terminate an executive director and such other 
     additional personnel as may be necessary to enable the 
     Commission to perform its duties. The employment of an 
     executive director shall be subject to confirmation by the 
     Commission.
       (B) Compensation.--The Chairperson of the Commission may 
     fix the compensation of the executive director and other 
     personnel without regard to the provisions of chapter 51 and 
     subchapter III of chapter 53 of title 5, United States Code, 
     relating to classification of positions and General Schedule 
     pay rates, except that the rate of pay for the executive 
     director and other personnel may not exceed the rate payable 
     for level V of the Executive Schedule under section 5316 of 
     such title.
       (4) Detail of government employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (5) Procurement of temporary and intermittent services.--
     The Chairperson of the Commission may procure temporary and 
     intermittent services under section 3109(b) of title 5, 
     United States Code, at rates for individuals which do not 
     exceed the daily equivalent of the annual rate of basic pay 
     prescribed for level V of the Executive Schedule under 
     section 5316 of such title.
       (h) Support Services.--The Administrator of the General 
     Services Administration shall provide to the Commission on a 
     reimbursable basis such administrative support services as 
     the Commission may request.
       (i) Appropriations.--There are appropriated $2,000,000 to 
     the Commission to carry out the provisions of this section.
       Sec. 128. None of the funds provided or otherwise made 
     available in this Division of this Act shall remain available 
     for obligation beyond the current fiscal year unless 
     expressly so provided herein.

                           TITLE VI--OFFSETS

       Sec. 129. Section 309(j)(8) of the Communications Acts of 
     1934 as amended (47 U.S.C. 309(j)(8)) is further amended by 
     adding a new paragraph (D) as follows:
     ``(D) Protection of interests
       ``(i) Title 11, United States Code, or any succeeding 
     bankruptcy law not expressly in derogation of this 
     subsection, shall not apply to (a) a license or permit issued 
     by the Commission under this subsection and for which a 
     payment has been made or debt or other obligation is owed to 
     the Commission relating to or arising from such a license or 
     permit, (b) an interest of the Commission in property 
     securing such a debt or other obligation, or (c) an act by 
     the Commission to issue, deny, cancel, or transfer control of 
     such a license or permit described in subclause (a).
       ``(ii) Notwithstanding otherwise applicable law, the 
     Commission shall have a perfected, first priority security 
     interest in a license or construction permit and the proceeds 
     of such a license or permit for which a debt or other 
     obligation is owed under this subsection.
       ``(iii) This paragraph shall apply to all pending cases and 
     proceedings whether on appeal or otherwise and to those 
     commenced on or after the date of the enactment of this 
     paragraph: Provided, however, That nothing contained in this 
     paragraph shall be construed as indicating an intent on the 
     part of the Congress to change, in any way, the treatment in 
     bankruptcy of other licenses and permits issued by the 
     Commission.''.
       Sec. 130. Notwithstanding section 11031 of the National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997 or any other provision of law and not later than 
     September 30, 1999, the Secretary of the Treasury shall 
     invest, or direct the Trustee to invest, the assets of the 
     Trust Fund in public debt securities with maturities suitable 
     to the needs of the Trust

[[Page H11194]]

     Fund, as determined by the Secretary, and bearing interest at 
     rates determined by the Secretary, taking into consideration 
     current market yields on outstanding marketable obligations 
     of the United States of comparable maturities.
       Sec. 131. To capitalize the District of Columbia National 
     Capital Revitalization Corporation, as authorized by the 
     District Council, $25,000,000 to remain available until 
     expended for economic development planning, project 
     development, capital investments, loans, grants, 
     administrative expenses and other purposes included in the 
     District Council's authorizing legislation: Provided, That no 
     funds shall be available unless the Secretary of the 
     Treasury, in consultation with the Director of the Office of 
     Management and Budget, determines that the Corporation 
     advances the purposes of the National Capital Revitalization 
     and Self-Government Improvement Act of 1997: Provided 
     further, That the Secretary, after apportionment pursuant to 
     31 U.S.C. 1512, may provide for the disbursement of funds in 
     the manner provided for Federal grant programs.
         Sec. 132. For a Federal payment to the District of 
     Columbia Public Schools, $30,000,000, for special education 
     costs.
         Sec. 133. For payment to the District of Columbia, 
     $20,000,000 which shall be deposited into an escrow account 
     of the District of Columbia Financial Responsibility and 
     Management Assistance Authority, and shall be disbursed from 
     such escrow account by the Authority for Year 2000 
     information technology and related chip replacement projects 
     approved by the Authority: Provided, That, for purposes of 
     any appropriations made by this or any other Act, for 
     emergency expenses related to Year 2000 conversion of Federal 
     information technology systems, and related expenses, the 
     Government of the District of Columbia shall be considered an 
     agency of the United States Government: Provided further, 
     That, any funds provided pursuant to the preceding proviso 
     shall be in addition to funds appropriated directly under 
     this paragraph.
         Sec. 134. For a Federal contribution to the District of 
     Columbia for the costs of infrastructure needs, which shall 
     be deposited into an escrow account of the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority and disbursed by the Authority from such account 
     for the repair and maintenance of roads, highways, bridges 
     and transit in the District of Columbia and other economic 
     development projects and planning in the District of 
     Columbia, $50,000,000, to remain available until expended.

           DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

    TITLE I--MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS

                               CHAPTER 1

                    DEPARTMENT OF DEFENSE--MILITARY

                           MILITARY PERSONNEL

                        Military Personnel, Army

       For an additional amount for ``Military Personnel, Army'', 
     $10,000,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended: Provided further, 
     That the entire amount shall be available only to the extent 
     that an official budget request for $10,000,000, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                        Military Personnel, Navy

       For an additional amount for ``Military Personnel, Navy'', 
     $33,300,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended: Provided further, 
     That the entire amount shall be available only to the extent 
     that an official budget request for $33,300,000, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                    Military Personnel, Marine Corps

       For an additional amount for ``Military Personnel, Marine 
     Corps'', $8,900,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $8,900,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                        Reserve Personnel, Navy

       For an additional amount for ``Reserve Personnel, Navy'', 
     $10,000,000: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended: Provided further, 
     That the entire amount shall be available only to the extent 
     that an official budget request for $10,000,000, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                       OPERATION AND MAINTENANCE

                    Operation and Maintenance, Army

       For an additional amount for ``Operation and Maintenance, 
     Army'', $314,500,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $314,500,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                    Operation and Maintenance, Navy

       For an additional amount for ``Operation and Maintenance, 
     Navy'', $232,600,000: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $232,600,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                Operation and Maintenance, Marine Corps

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps'', $52,400,000: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $52,400,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                  Operation and Maintenance, Air Force

       For an additional amount for ``Operation and Maintenance, 
     Air Force'', $303,000,000: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $303,000,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                Operation and Maintenance, Defense-Wide


                     (Including Transfer of Funds)

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $1,496,600,000, to remain available for 
     obligation until expended: Provided, That the Secretary of 
     Defense may transfer these funds to appropriations accounts 
     for operation and maintenance; procurement; and research, 
     development, test and evaluation: Provided further, That the 
     funds transferred shall be merged with and be available for 
     the same purposes and for the same time period as the 
     appropriation to which transferred: Provided further, That 
     the transfer authority provided under this heading is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That the entire 
     amount made available under this heading is designated by 
     the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended: Provided further, 
     That the entire amount shall be available only to the 
     extent that an official budget request for a specific 
     dollar amount, that includes designation of the entire 
     amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress.

                Operation and Maintenance, Army Reserve

       For an additional amount for ``Operation and Maintenance, 
     Army Reserve'', $3,000,000: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $3,000,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

            Operation and Maintenance, Marine Corps Reserve

       For an additional amount for ``Operation and Maintenance, 
     Marine Corps Reserve'', $3,300,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request for 
     $3,300,000, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

              Operation and Maintenance, Air Force Reserve

       For an additional amount for ``Operation and Maintenance, 
     Air Force Reserve'', $9,000,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement

[[Page H11195]]

     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $9,000,000, 
     that includes designation of the entire amount of the 
     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     as amended, is transmitted by the President to the 
     Congress.

             Operation and Maintenance, Army National Guard

       For an additional amount for ``Operation and Maintenance, 
     Army National Guard'', $50,000,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request for 
     $50,000,000, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

             Operation and Maintenance, Air National Guard

       For an additional amount for ``Operation and Maintenance, 
     Air National Guard'', $21,000,000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request for 
     $21,000,000, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

             Overseas Contingency Operations Transfer Fund


                     (Including Transfer of Funds)

       For an additional amount for ``Overseas Contingency 
     Operations Transfer Fund'', $1,858,600,000, to remain 
     available for obligation until expended: Provided, That of 
     the amounts provided under this heading, the following 
     amounts shall be transferred to the specified accounts:
       ``Military Personnel, Army'', $310,600,000;
       ``Military Personnel, Navy'', $9,275,000;
       ``Military Personnel, Marine Corps'', $2,748,000;
       ``Military Personnel, Air Force'', $17,000,000; and
       ``Reserve Personnel, Navy'', $2,295,000:
     Provided further, That of the remaining funds made available 
     under this heading, the Secretary of Defense may transfer 
     these funds only to operation and maintenance accounts, 
     procurement accounts, the defense health program 
     appropriation, and working capital funds accounts: Provided 
     further, That the funds transferred shall be merged with and 
     shall be available for the same purposes and for the same 
     time period, as the appropriation to which transferred: 
     Provided further, That the transfer authority provided under 
     this heading is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the entire amount made available under this heading is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

 Morale, Welfare and Recreation and Personnel Support for Contingency 
                              Deployments


                     (Including Transfer of Funds)

       In addition to amounts appropriated or otherwise made 
     available in the Department of Defense Appropriations Act, 
     1999, $50,000,000, to remain available for obligation until 
     expended, is hereby made available only for expenses, not 
     otherwise provided for, to provide necessary morale, welfare 
     and recreation support, family support, and to sustain 
     necessary retention and re-enlistment of military personnel 
     in critical military occupational specialties, resulting from 
     the deployment of military personnel to Bosnia and Southwest 
     Asia: Provided, That the Secretary of Defense may transfer 
     these funds only to operation and maintenance accounts of 
     the military services: Provided further, That the funds 
     transferred shall be available only for the purposes 
     described under this heading: Provided further, That the 
     transfer authority provided under this heading is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That the entire 
     amount made available under this heading is designated by 
     the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended: Provided further, 
     That the entire amount shall be available only to the 
     extent that an official budget request for $50,000,000, 
     that includes designation of the entire amount of the 
     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     as amended, is transmitted by the President to the 
     Congress.

                  OTHER DEPARTMENT OF DEFENSE PROGRAMS

                         Defense Health Program

       For an additional amount for ``Defense Health Program '', 
     $200,000,000: Provided, That these funds shall be for 
     Operation and maintenance, of which not to exceed two per 
     centum shall remain available until September 30, 2000: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent that an 
     official budget request for $200,000,000, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

         Drug Interdiction and Counter-Drug Activities, Defense


                     (Including Transfer of Funds)

       For an additional amount for ``Drug Interdiction and 
     Counter-Drug Activities, Defense'', $42,000,000: Provided, 
     That funds appropriated under this heading may be transferred 
     to appropriations available to the Department of Defense for 
     military personnel of the reserve components serving under 
     the provisions of title 10 and title 32, United States Code; 
     for Operation and maintenance; for Procurement; and for 
     Research, development, test and evaluation: Provided further, 
     That funds appropriated under this heading shall be available 
     for obligation for the same time period and for the same 
     purposes as the appropriation to which transferred: Provided 
     further, That the transfer authority provided under this 
     heading is in addition to any other transfer authority 
     available to the Department of Defense: Provided further, 
     That the transfer authority provided under this heading is in 
     addition to any other transfer authority available to the 
     Department of Defense: Provided further, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     as amended: Provided further, That the entire amount shall 
     be available only to the extent that an official budget 
     request for $42,000,000, that includes designation of the 
     entire amount of the request as an emergency requirement 
     as defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 101. Funds appropriated by this Act, or made available 
     by the transfer of funds in this Act, for intelligence 
     activities are deemed to be specifically authorized by the 
     Congress for purposes of section 504 of the National Security 
     Act of 1947 (50 U.S.C. 414).
       Sec. 102. In addition to the amounts appropriated or 
     otherwise made available in the Department of Defense 
     Appropriations Act, 1999, $1,000,000,000, to remain available 
     for obligation until expended, is hereby appropriated under 
     the heading ``Research, Development, Test and Evaluation, 
     Defense-Wide'': Provided, That these funds shall be made 
     available only for the enhanced testing, accelerated 
     development, construction, and integration and infrastructure 
     efforts in support of ballistic missile defense systems: 
     Provided further, That the entire amount made available in 
     this section is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request for a 
     specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.
       Sec. 103. In addition to amounts appropriated or otherwise 
     made available in the Department of Defense Appropriations 
     Act, 1999, $259,853,000 is hereby appropriated to the 
     Department of Defense, only for emergency expenses incurred 
     at United States military facilities or installations in the 
     United States or overseas directly resulting from storm 
     damage or other natural disasters, as follows:
       ``Military Personnel, Marine Corps'', $232,000;
       ``Reserve Personnel, Army'', $343,000;
       ``Reserve Personnel, Navy'', $100,000;
       ``Operation and Maintenance, Army'', $139,056,000;
       ``Operation and Maintenance, Navy'', $57,179,000;
       ``Operation and Maintenance, Marine Corps'', $8,470,000;
       ``Operation and Maintenance, Air Force'', $34,254,000;
       ``Operation and Maintenance, Army Reserve'', $853,000;
       ``Operation and Maintenance, Navy Reserve'', $5,058,000;
       ``Operation and Maintenance, Army National Guard'', 
     $5,750,000;
       ``Operation and Maintenance, Air National Guard'', 
     $4,355,000;
       ``Defense Health Program'', $2,120,000; and
       ``Navy Working Capital Fund'', $2,083,000:
     Provided, That these funds may be used to execute projects or 
     programs that were deferred in order to carry out emergency 
     repairs resulting from such storm damage or natural 
     disasters: Provided further, That the entire amount made 
     available in this section is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That of the amounts provided in 
     this section, $153,551,000 shall be available only to the 
     extent that an official budget request for a specific dollar 
     amount, that includes designation of the entire amount of the 
     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That of the amount referred to in the third 
     proviso in this section, up to $29,454,000 may be transferred 
     from ``Operation and Maintenance, Army'', to ``Military 
     Construction, Army''.

[[Page H11196]]

       Sec. 104. In addition to amounts provided in this Act, 
     $2,000,000 is hereby appropriated for ``Defense Health 
     Program'', to remain available for obligation until expended: 
     Provided, That notwithstanding any other provision of law, 
     these funds shall be available only for a grant to the Fisher 
     House Foundation, Inc., only for the construction and 
     furnishing of additional Fisher Houses to meet the needs of 
     military family members when confronted with the illness or 
     hospitalization of an eligible military beneficiary.
       Sec. 105. Section 8136 of the Department of Defense 
     Appropriations Act, 1999, is amended by striking out 
     ``$502,000,000'' and inserting in lieu thereof 
     ``$569,000,000'', and further amended by striking out 
     ``$176,000,000'' and inserting in lieu thereof 
     ``$243,000,000''.

                               CHAPTER 2

                          DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities


                        Other Defense Activities

       For an additional amount for ``Other Defense Activities'', 
     for expenditures in the Russian Federation to implement a 
     United States/Russian accord for the disposition of excess 
     weapons plutonium, $200,000,000, to remain available until 
     expended: Provided, That none of the funds may be obligated 
     until the Department of Energy submits to Congress a detailed 
     budget justification for use of these funds, and the proposal 
     has been approved by the House and Senate Committees on 
     Appropriations: Provided further, That the entire amount 
     shall be available only to the extent an official budget 
     request for a specific dollar amount that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined by the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.
       For an additional amount to purchase natural uranium 
     associated with the 1997 and 1998 deliveries under the United 
     States-Russia HEU Purchase Agreement (hereinafter, ``the 
     Agreement''), $325,000,000, to remain available until 
     expended, which shall be available only to the extent an 
     official budget request for a specific dollar amount that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted to the Congress: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That such uranium is located in the United States at 
     the time of purchase, and shall become part of the inventory 
     of the Department of Energy: Provided further, That such 
     funds shall be available only upon conclusion of a long-term 
     agreement by the Government of the Russian Federation and 
     commercial partners for the sale of uranium to be derived 
     from deliveries scheduled for 1999 and thereafter under the 
     Agreement.

                               CHAPTER 3

              DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION

                      Military Construction, Army

       For an additional amount for ``Military Construction, 
     Army'' to replace facilities destroyed by monsoons in the 
     Republic of Korea during August of 1998, $118,000,000, as 
     authorized by 10 U.S.C. 2854, to remain available until 
     September 30, 1999: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That from amounts made available in this or any 
     other Act for military construction, the Secretary of the 
     Army may acquire real property and carry out a military 
     construction project at Camp Casey in Korea, in the amount of 
     $12,016,000.

                      Military Construction, Navy

       For an additional amount for ``Military Construction, 
     Navy'' to cover the incremental costs arising from the 
     consequences of Hurricanes Georges and Bonnie, $5,860,000, as 
     authorized by 10 U.S.C. 2854, to remain available until 
     September 30, 1999: Provided, That the entire amount shall be 
     available only to the extent an official budget request for a 
     specific dollar amount that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                    Military Construction, Air Force

       For an additional amount for ``Military Construction, Air 
     Force'', $29,200,000, to remain available until September 30, 
     1999: Provided, That of this amount, $2,200,000 shall be 
     available to cover the incremental costs arising from force 
     protection, as authorized by 10 U.S.C. 2803: Provided 
     further, That of this amount $27,000,000 shall be available 
     to cover the incremental costs arising from the consequences 
     of Hurricane Georges, as authorized by 10 U.S.C. 2854: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request for a specific 
     dollar amount that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

               Military Construction, Army National Guard

       For an additional amount for ``Military Construction, Army 
     National Guard'' to cover the incremental costs arising from 
     the consequences of Hurricane Georges, $2,500,000, as 
     authorized by 10 U.S.C. 2854, to remain available until 
     September 30, 1999: Provided, That the entire amount shall be 
     available only to the extent an official budget request for a 
     specific dollar amount that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     of 1985, as amended, is transmitted by the President to the 
     Congress: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

               Military Construction, Air National Guard

       For an additional amount for ``Military Construction, Air 
     National Guard'' to cover the incremental costs arising from 
     the consequences of Hurricane Georges, $15,900,000, as 
     authorized by 10 U.S.C. 2854, to remain available until 
     September 30, 1999: Provided, That the entire amount shall be 
     available only to the extent an official budget request 
     for a specific dollar amount that includes designation of 
     the entire amount of the request as an emergency 
     requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                          Family Housing, Army

       For an additional amount for ``Family Housing, Army'' to 
     cover the incremental costs arising from the consequences of 
     Hurricane Georges and for the rehabilitation of family 
     housing, $5,200,000, to remain available until September 30, 
     1999: Provided, That notwithstanding any other provision of 
     law, of this amount $4,000,000 shall be available only for 
     the rehabilitation of family housing referred to in Section 
     8142 of the Department of Defense Appropriations Act of 1999: 
     Provided further, That the entire amount shall be available 
     only to the extent an official budget request for a specific 
     dollar amount that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                 Family Housing, Navy and Marine Corps

       For an additional amount for ``Family Housing, Navy and 
     Marine Corps'' to cover the incremental costs arising from 
     the consequences of Hurricane Bonnie, $10,599,000, as 
     authorized by 10 U.S.C. 2854, to remain available until 
     September 30, 1999: Provided, That the entire amount shall be 
     available only to the extent an official budget request for a 
     specific dollar amount that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                       Family Housing, Air Force

       For an additional amount for ``Family Housing, Air Force'' 
     to cover the incremental costs arising from the consequences 
     of Hurricane Georges, $22,233,000, as authorized by 10 U.S.C. 
     2854, to remain available until September 30, 1999: Provided, 
     That the entire amount shall be available only to the extent 
     an official budget request for a specific dollar amount that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                    GENERAL PROVISION, THIS CHAPTER

       Section 2304(c)(2) of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999 is amended by striking 
     ``$2,000,000,000'' and inserting ``$2,000,000''.

                               CHAPTER 4

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard


                           Operating Expenses

       For an additional amount for necessary expenses for the 
     operation and maintenance of the Coast Guard, not otherwise 
     provided for, $100,000,000, of which $28,000,000 is only 
     available for expenses related to expansion of drug 
     interdiction activities around Puerto Rico, the United States 
     Virgin Islands, and other transit zone areas of operation, 
     including costs to operate and maintain PC-170 patrol craft 
     offered by the Department of Defense: Provided, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section

[[Page H11197]]

     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent that an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.


              Acquisition, Construction, and Improvements

       For an additional amount for acquisition, construction, 
     renovation, and improvement of facilities and equipment, to 
     be available for expansion of Coast Guard drug interdiction 
     activities, $100,000,000, to remain available until expended 
     and to be distributed as follows:
       Acquisition and construction of Barracuda class coastal 
     patrol boats, $33,000,000;
       Reactivation costs for up to 3 HU-25 aircraft for maritime 
     patrol, $7,500,000;
       Acquisition of installed or deployable electronic sensors 
     and communication systems for Coast Guard cutters or boats, 
     $13,000,000;
       Operational test and evaluation of the use of force from 
     aircraft, $2,500,000; and
       Acquisition of installed or deployable electronic sensors 
     for maritime patrol aircraft and not to exceed $5,800,000 for 
     C-130 engine upgrade, $44,000,000:
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent that an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.


                            Reserve Training

       For an additional amount for operating, maintenance, and 
     training expenses of the Coast Guard Reserve, including 
     supplies, equipment and services, $5,000,000: Provided, That 
     none of these funds may be transferred to Coast Guard 
     ``Operating expenses'' or otherwise made available to 
     reimburse the Coast Guard for financial support of the Coast 
     Guard Reserves: Provided further, That the highest priority 
     for use of these funds shall be for enhancing drug 
     interdiction activities conducted by the Coast Guard 
     Reserves: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.


              Research, Development, Test, and Evaluation

       For an additional amount for necessary expenses for applied 
     scientific research, development, test, and evaluation, 
     maintenance, rehabilitation, lease and operation of 
     facilities and equipment, $5,000,000, to remain available 
     until expended: Provided, That the highest priority for use 
     of these funds shall be the development of new technologies 
     or operational procedures which enhance drug interdiction 
     activities of the Coast Guard: Provided further, That the 
     entire amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request for a 
     specific dollar amount, that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress.

                        TITLE II--ANTITERRORISM

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $21,680,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    Diplomatic and Consular Programs

       Notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956, an additional amount for 
     ``Diplomatic and Consular Programs'', $773,700,000, to remain 
     available until expended, of which $25,700,000 shall be 
     available only to the extent that an official budget request 
     that includes the designation of the entire amount of the 
     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided, That as determined by the Secretary of State, such 
     funds may be used to procure services and equipment overseas 
     necessary to improve worldwide security and reconstitute 
     embassy operations in Kenya and Tanzania on behalf of any 
     other agency: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


                         Salaries and Expenses

       Notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956, an additional amount for ``Salaries 
     and Expenses'', $12,000,000, to remain available until 
     expended: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


                      Office of Inspector General

       Notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956, an additional amount for ``Office of 
     Inspector General'', $1,000,000, to remain available until 
     expended: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.


           Security and Maintenance of United States Missions

       Notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956, an additional amount for ``Security 
     and Maintenance of United States Missions'', $627,000,000, to 
     remain available until expended; of which $56,000,000 is for 
     security projects, relocations, and security equipment on 
     behalf of missions of other U.S. Government agencies, which 
     amount may be transferred to any appropriation for this 
     purpose, to be merged with and available for the same time 
     period as the appropriation to which transferred; and of 
     which $185,000,000 is for capital improvements or relocation 
     of office and residential facilities to improve security, 
     which amount shall become available fifteen days after notice 
     thereof has been transmitted to the Appropriations Committees 
     of both Houses of Congress: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


           Emergencies in the Diplomatic and Consular Service

       Notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956, an additional amount for 
     ``Emergencies in the Diplomatic and Consular Service'', 
     $10,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                               CHAPTER 2

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

                Operation and Maintenance, Defense-Wide


                     (Including Transfer of Funds)

       For an additional amount for ``Operation and Maintenance, 
     Defense-Wide'', $358,427,000, to remain available for 
     obligation until expended: Provided, That the Secretary of 
     Defense may transfer these funds to fiscal year 1999 
     appropriations for operation and maintenance; procurement; 
     research, development, test and evaluation; and family 
     housing: Provided further, That the funds transferred shall 
     be merged with and be available for the same purposes and for 
     the same time period as the appropriation to which 
     transferred: Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority available to the Department of Defense: 
     Provided further, That the entire amount made available under 
     this heading is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be available 
     only to the extent that an official budget request for 
     $358,427,000, that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

                    GENERAL PROVISIONS, THIS CHAPTER

       Sec. 201. Maintenance and Operation of Equipment.--Section 
     374 of title 10, United States Code, is amended--
       (1) in subsection (b)(1)(A), by striking ``or'';
       (2) in subsection (b)(1)(B), by striking the period at the 
     end, inserting in lieu thereof a semicolon and the following 
     new subparagraphs:
       ``(C) a foreign or domestic counter-terrorism operation; or
       ``(D) a rendition of a suspected terrorist from a foreign 
     country to the United States to stand trial.'';
       (3) in subsection (b)(2)(F)(i)--
       (A) by inserting ``along with any other civilian or 
     military personnel who are supporting, or conducting, a joint 
     operation with civilian law enforcement personnel;'' after 
     ``the transportation of civilian law enforcement 
     personnel''; and
       (B) by striking ``and'';
       (4) in subsection (b)(2)(F)(ii)--
       (A) by inserting ``and supporting'' after ``the operation 
     of a base of operations for civilian law enforcement'';
       (B) by striking the period at the end and inserting in lieu 
     thereof ``; and''; and
       (C) by inserting at the end the following new clause:
       ``(iii) the transportation of suspected terrorists from 
     foreign countries to the United States for trial (so long as 
     the requesting Federal law enforcement agency provides all 
     security for such transportation and maintains custody over 
     the suspect through the duration of the transportation).'';
       (5) in subsection (b)(4)(A), by striking ``an'' and 
     inserting in lieu thereof ``a Federal''; and
       (6) in subsection (b)(4)(A), by inserting a new clause 
     ``(v) Any law, foreign or domestic, prohibiting terrorist 
     activities.'' after ``(iv) The

[[Page H11198]]

     Maritime Drug Law Enforcement Act (46 U.S.C. App. 1901 et 
     seq.).''.


                     (Including Transfer of Funds)

       Sec. 202. In addition to amounts appropriated or otherwise 
     made available in the Department of Defense Appropriations 
     Act, 1999, $50,000,000 is hereby appropriated, only to 
     initiate and expand activities of the Department of Defense 
     to prevent, prepare for, and respond to a terrorist attack in 
     the United States involving weapons of mass destruction: 
     Provided, That $35,000,000 of the funds made available in 
     this section shall be transferred to the following accounts 
     in the specified amounts:
       ``National Guard Personnel, Army'', $4,000,000;
       ``National Guard Personnel, Air Force'', $1,000,000;
       ``Operation and Maintenance, Army'', $2,000,000;
       ``Operation and Maintenance, Army National Guard'', 
     $20,000,000; and
       ``Procurement, Defense-Wide'', $8,000,000:
     Provided further, That of the funds made available in this 
     section, $15,000,000 shall be transferred to ``Research, 
     Development, Test and Evaluation, Army'', only to develop and 
     support a long term, sustainable Weapons of Mass Destruction 
     emergency preparedness training program: Provided further, 
     That funds transferred pursuant to this section shall be 
     merged with and be available for the same purposes and for 
     the same time period as the appropriation to which 
     transferred: Provided further, That the transfer authority 
     provided in this section is in addition to any other transfer 
     authority available to the Department of Defense: Provided 
     further, That the entire amount provided in this section is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for $50,000,000, 
     that includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.
       Sec. 203. In addition to amounts appropriated or otherwise 
     made available in the Department of Defense Appropriations 
     Act, 1999, $120,500,000, to remain available for obligation 
     until expended, is appropriated to the proper accounts within 
     the Department of the Air Force: Provided, That the 
     additional amount shall be made available only for the 
     provision of crisis response aviation support for critical 
     national security, law enforcement and emergency response 
     agencies: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount shall be 
     available only to the extent that an official budget 
     request for $120,500,000, that includes designation of the 
     entire amount of the request as an emergency requirement 
     as defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress: Provided further, That the 
     President of the United States shall submit to the 
     Congress by March 15, 1999, an interagency agreement for 
     the utilization of Department of Defense assets to support 
     the crisis response requirements of the Federal Bureau of 
     Investigation and the Federal Emergency Management Agency.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance


                         Economic Support Fund

                     (Including transfers of funds)

       Notwithstanding section 10 of Public Law 91-672, for an 
     additional amount for ``Economic Support Fund'' for 
     assistance for Kenya and Tanzania, $50,000,000, to remain 
     available until September 30, 2000: Provided, That the entire 
     amount is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That funds appropriated under this 
     paragraph may be made available for administrative costs 
     associated with assistance provided under this paragraph: 
     Provided further, That $2,500,000 shall be transferred to and 
     merged with ``Operating Expenses of the Agency for 
     International Development'' for security and related 
     expenses: Provided further, That $1,269,000 shall be 
     transferred to and merged with ``Peace Corps'' for security 
     and related expenses: Provided further, That the transfers 
     authorized in the preceding provisos shall be in addition to 
     sums otherwise available for such purposes: Provided further, 
     That funds appropriated under this paragraph shall only be 
     available through the regular notification procedures of the 
     Committees on Appropriations.

    Nonproliferation, Anti-Terrorism, Demining and Related Programs

       Notwithstanding section 15 of the State Department Basic 
     Authorities Act of 1956 and section 10 of Public Law 91-672, 
     for an additional amount for ``Nonproliferation, Anti-
     Terrorism, Demining and Related Programs'' for anti-terrorism 
     assistance, $20,000,000, to remain available until September 
     30, 2000: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                         National Park Service


                 Operation of the National Park System

       For an additional amount for ``Operation of the National 
     Park System'' for emergency security related expenses, 
     $2,320,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


                              Construction

       For an additional amount for ``Construction'' for emergency 
     security related expenses, $3,680,000, to remain available 
     until expended: Provided, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 5

                        ARCHITECT OF THE CAPITOL

                         Capitol Visitor Center

       For necessary expenses for the planning, engineering, 
     design, and construction, as each such milestone is approved 
     by the Committee on Rules and Administration of the Senate, 
     the Committee on House Oversight of the House of 
     Representatives, the Committees on Appropriations of the 
     House of Representatives and of the Senate, and other 
     appropriate committees of the House of Representatives and of 
     the Senate, of a new facility to provide greater security for 
     all persons working in or visiting the United States Capitol 
     and to enhance the educational experience of those who have 
     come to learn about the Capitol building and Congress, 
     $100,000,000, to be supplemented by private funds, which 
     shall remain available until expended: Provided, That Section 
     3709 of the Revised Statutes of the United States (41 U.S.C. 
     5) shall not apply to the funds made available under this 
     heading: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                          CAPITOL POLICE BOARD

                         Security Enhancements

       For the Capitol Police Board for security enhancements to 
     the Capitol complex, including the buildings and grounds of 
     the Library of Congress, $106,782,000, to remain available 
     until expended: Provided, That such security enhancements 
     shall be carried out in accordance with a plan or plans 
     approved by the Committee on House Oversight of the House of 
     Representatives, the Committee on Rules and Administration of 
     the Senate, the Committee on Appropriations of the House of 
     Representatives, and the Committee on Appropriations of the 
     Senate: Provided further, That the Capitol Police Board shall 
     transfer to the Architect of the Capitol such portion of the 
     funds made available under this heading as the Architect may 
     require for expenses necessary to provide support for the 
     security enhancements, subject to the approval of the 
     Committee on Appropriations of the House of Representatives 
     and the Committee on Appropriations of the Senate: Provided 
     further, That the Capitol Police Board shall transfer to the 
     Librarian of Congress such portion of the funds made 
     available under this heading as the Librarian may require for 
     expenses necessary to provide support for the security 
     enhancements, subject to the approval of the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Appropriations of the Senate: Provided further, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                    GENERAL PROVISION, THIS CHAPTER

       The responsibility for design, installation, and 
     maintenance of security systems to protect the physical 
     security of the buildings and grounds of the Library of 
     Congress is transferred from the Architect of the Capitol to 
     the Capitol Police Board. Such design, installation, and 
     maintenance shall be carried out under the direction of the 
     Committee on House Oversight of the House of Representatives 
     and the Committee on Rules and Administration of the Senate, 
     and without regard to section 3709 of the Revised Statutes of 
     the United States (41 U.S.C. 5). Any alteration to a 
     structural, mechanical, or architectural feature of the 
     buildings and grounds of the Library of Congress that is 
     required for a security system under the preceding sentence 
     may be carried out only with the approval of the Architect of 
     the Capitol.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                        Facilities and Equipment

                    (Airport and Airway Trust Fund)

       For an additional amount for ``Facilities and Equipment'', 
     $100,000,000, for necessary expenses for acquisition, 
     installation and related activities supporting the deployment 
     of bulk and trace explosives detection systems and other 
     advanced security equipment at airports in the United States, 
     to remain available until September 30, 2001: Provided, That 
     the entire amount shall be available only to the extent an 
     official budget request for a specific dollar amount that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985.

                               CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $3,548,000, to remain available until

[[Page H11199]]

     expended: Provided, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                      United States Secret Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $80,808,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

   TITLE III--YEAR 2000 CONVERSION OF FEDERAL INFORMATION TECHNOLOGY 
                                SYSTEMS

         FISCAL YEAR 1999 EMERGENCY SUPPLEMENTAL APPROPRIATIONS

                  FUNDS APPROPRIATED TO THE PRESIDENT


          Information Technology Systems and Related Expenses

                     (INCLUDING TRANSFER OF FUNDS)

       For an additional amount for emergency expenses related to 
     Year 2000 conversion of Federal information technology 
     systems, and related expenses, $2,250,000,000, to remain 
     available until September 30, 2001, of which $5,500,000 shall 
     be transferred to the Legislative Branch for ``SENATE'', 
     ``Contingent Expenses of the Senate'', ``Sergeant at Arms and 
     Doorkeeper of the Senate'' for salaries and expenses related 
     to Year 2000 conversion of Senate information technology 
     systems: Provided, That the funds may be obligated with the 
     prior approval of the Senate Committee on Appropriations; and 
     of which, $6,373,000 shall be transferred to the Legislative 
     Branch for ``HOUSE OF REPRESENTATIVES'', ``Salaries and 
     Expenses'', ``Salaries, Officers and Employees'' for salaries 
     and expenses related to Year 2000 conversion of House of 
     Representatives information technology systems; and of which 
     $5,000,000 shall be transferred to the Legislative Branch for 
     ``GENERAL ACCOUNTING OFFICE'', ``Information Technology 
     Systems and Related Expenses'' for expenses related to Year 
     2000 conversion of information technology systems and related 
     expenses of all entities in the Legislative Branch other than 
     the ``Senate'' and ``House of Representatives'' covered by 
     the Legislative Branch Appropriations Act, 1998 (Public Law 
     105-55), which the Comptroller General shall transfer to the 
     affected entities in the Legislative Branch, upon the 
     approval of the House and Senate Committees on 
     Appropriations; and of which $13,044,000 shall be transferred 
     to the Judiciary to the Judiciary Information Technology Fund 
     for expenses related to Year 2000 conversion of Judicial 
     Branch information technology and security systems: Provided 
     further, That the remaining funds made available shall be 
     transferred, as necessary, by the Director of the Office of 
     Management and Budget to all affected Federal Departments and 
     Agencies, except the Department of Defense, for expenses 
     necessary to ensure the information technology that is used 
     or acquired by the Federal government meets the definition of 
     Year 2000 compliant under Federal Acquisition Regulations 
     (concerning accurate processing of date/time data, including 
     calculating, comparing, and sequencing from, into, and 
     between the twentieth and twenty-first centuries, and the 
     years 1999 and 2000 and leap year calculations) and to meet 
     other criteria for Year 2000 compliance as the head of each 
     Department or Agency considers appropriate: Provided further, 
     That none of the funds provided under this heading, except 
     those transferred to the Legislative Branch and the 
     Judiciary, may be transferred to any Department or Agency 
     until fifteen days after the Director of the Office of 
     Management and Budget has submitted to the House and Senate 
     Committees on Appropriations, the Senate Special Committee on 
     the Year 2000 Technology Problem, the House Committee on 
     Science, and the House Committee on Government Reform and 
     Oversight, a proposed allocation and plan for that Department 
     or Agency to achieve Year 2000 compliance for technology 
     information systems: Provided further, That the transfer 
     authority provided in this paragraph is in addition to any 
     other transfer authority contained elsewhere in this or any 
     other Act: Provided further, That funds provided under this 
     heading shall be in addition to funds available in this or 
     any other Act for Year 2000 compliance by any Federal 
     Department or Agency: Provided further, That the entire 
     amount, except those amounts transferred to the Legislative 
     Branch and the Judiciary, shall be available only to the 
     extent that an official budget request that includes 
     designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                    DEPARTMENT OF DEFENSE--MILITARY

                       OPERATION AND MAINTENANCE

      Information Technology Systems and Security Transfer Account


                     (INCLUDING TRANSFER OF FUNDS)

       For emergency expenses relating to Year 2000 conversion of 
     information technology and national security systems, for 
     information technology, and infrastructure protection to 
     include computer security/information assurance programs, and 
     for related expenses, $1,100,000,000, to remain available 
     until September 30, 2001: Provided, That the funds made 
     available shall be transferred, as necessary, by the 
     Secretary of Defense to any account in any previously enacted 
     Department of Defense Appropriations Act for expenses 
     necessary to ensure the information technology that is used 
     or acquired by the Federal government meets the definition of 
     Year 2000 compliant under Federal Acquisition Regulations 
     (concerning accurate processing of date/time data, including 
     calculating, comparing, and sequencing from, into, and 
     between the twentieth and twenty-first centuries, and the 
     years 1999 and 2000 and leap year calculations) and to meet 
     other criteria for Year 2000 compliance as the Secretary 
     considers appropriate: Provided further, That none of the 
     funds provided under this heading may be transferred to any 
     other account until fifteen days after the Secretary of 
     Defense has submitted to the House and Senate Committees on 
     Appropriations, the Senate Special Committee on the Year 2000 
     Technology Problem, the House Committee on Science, and the 
     House Committee on Government Reform and Oversight, a 
     proposed allocation and plan for the Department of Defense to 
     achieve Year 2000 compliance for technology information 
     systems: Provided further, That the funds transferred shall 
     be merged with and shall be available for the same purposes 
     and for the same time period as the appropriation to which 
     transferred: Provided further, That the transfer authority 
     provided under this heading is in addition to any other 
     transfer authority available to the Department of Defense: 
     Provided further, That funds provided under this heading 
     shall be in addition to funds available in this or any other 
     Act making appropriations for the Department of Defense for 
     Year 2000 compliance and related activities: Provided 
     further, That the entire amount made available under this 
     heading is designated by the Congress as an emergency 
     requirement pursuant to section 251(b)(2)(A) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as amended: 
     Provided further, That the entire amount made available under 
     this heading shall be available only to the extent that an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                      TITLE IV--OTHER EMERGENCIES

                               CHAPTER 1

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

       In addition to the amounts appropriated or otherwise made 
     available for this purpose, $5,000,000 is appropriated to the 
     Department of Commerce to remain available until expended to 
     provide emergency disaster assistance to persons or entities 
     in the Northeast multispecies fishery who have incurred 
     losses from a commercial fishery failure under section 308(b) 
     of the Interjurisdictional Fisheries Act of 1986, as amended: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent an 
     official budget request, for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted to the Congress.

                             RELATED AGENCY

                     Small Business Administration


                     Disaster Loans Program Account

       For an additional amount for the cost of direct loans, 
     $71,000,000, to remain available until expended to subsidize 
     additional gross obligations for the principal amount of 
     direct loans: Provided, That such costs, including the cost 
     of modifying such loans, shall be as defined in section 502 
     of the Congressional Budget Act of 1974; and for 
     administrative expenses to carry out the disaster loan 
     program, an additional $30,000,000 to remain available until 
     expended, which may be transferred to and merged with 
     appropriations for ``Salaries and Expenses'': Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended: Provided further, That the entire amount 
     shall be available only to the extent that an official budget 
     request, that includes designation of the entire amount of 
     the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

                               CHAPTER 2

                     DEPARTMENT OF DEFENSE--CIVIL-

                         Department of the Army

                       Corps of Engineers--Civil


 Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

       For an additional amount for emergency repairs and dredging 
     due to flooding, $2,500,000, to remain available until 
     expended, which shall be available only to the extent an 
     official budget request for a specific dollar amount that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.


                   Operation and Maintenance, General

       For an additional amount for emergency repairs and dredging 
     due to flooding, $99,700,000,

[[Page H11200]]

     to remain available until expended, of which such amounts for 
     eligible navigation projects which may be derived from the 
     Harbor Maintenance Trust Fund pursuant to Public Law 99-662, 
     shall be derived from that Fund: Provided, That the 
     entire amount shall be available only to the extent an 
     official budget request for a specific dollar amount that 
     includes designation of the entire amount of the request 
     as an emergency requirement as defined in the Balanced 
     Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by 
     the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT


                  agency for international development

                CHILD SURVIVAL and disease programs fund

       Notwithstanding section 10 of Public Law 91-672, for an 
     additional amount for ``Child Survival and Disease Programs 
     Fund'', $50,000,000, to remain available until expended: 
     Provided, That the entire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                  Other Bilateral Economic Assistance


  ASSISTANCE FOR THE NEW INDEPENDENT STATES OF THE FORMER SOVIET UNION

       Notwithstanding section 10 of Public Law 91-672, for an 
     additional amount for ``Assistance for the New Independent 
     States of the former Soviet Union,'' $46,000,000, to remain 
     available until September 30, 2000: Provided, That the entire 
     amount shall be available only to the extent that an official 
     budget request for a specific dollar amount that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                          UNANTICIPATED NEEDS

       For an additional amount for ``Unanticipated Needs'', 
     $30,000,000, to remain available until expended, only for a 
     grant to the American Red Cross for reimbursement of disaster 
     relief, recovery expenditures, and emergency services: 
     Provided, That the enrire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                              CONSTRUCTION

       For an additional amount for ``Construction'', $25,000,000, 
     to remain available until expended, to repair damage due to 
     hurricanes, floods and other acts of nature: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the amount provided shall be 
     available only to the extent that an official budget request 
     that includes designation of the entire amount as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

                         National Park Service


                              CONSTRUCTION

       For an additional amount for ``Construction'', $10,000,000, 
     to remain available until expended, to repair damage due to 
     hurricanes, floods and other acts of nature: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the amount provided shall be 
     available only to the extent that an official budget request 
     that includes designation of the entire amount as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress.

                    United States Geological Survey


                 SURVEYS, INVESTIGATIONS, AND RESEARCH

       For an additional amount for ``Surveys, Investigations, and 
     Research'', $1,000,000, to remain available until expended, 
     to repair damage due to hurricanes, floods and other acts of 
     nature: Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     amount provided shall be available only to the extent that an 
     official budget request that includes designation of the 
     entire amount as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress.

                               CHAPTER 5

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       For an additional amount for ``Training and Employment 
     Services'' to carry out section 402 of the Job Training 
     Partnership Act, $7,000,000, to be available upon enactment 
     and remain available through June 30, 1999: Provided, That 
     the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard


              Acquisition, Construction, and Improvements

       For an additional amount for ``Acquisition, Construction, 
     and Improvements'', for facility replacement or repairs 
     arising from the consequences of Hurricane Georges, 
     $12,600,000, to remain available until expended: Provided, 
     That the entire amount shall be available only to the extent 
     an official budget request for a specific dollar amount that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated as an 
     emergency requirement pursuant to section 251(b)(2)(A) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                               CHAPTER 7

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Planning and Development


                   Community Development Block Grants

       For an additional amount for ``Community development block 
     grants'', as authorized under title I of the Housing and 
     Community Development Act of 1974, $250,000,000, which shall 
     remain available until September 30, 2002, for use only for 
     disaster relief, long-term recovery, and mitigation in 
     communities affected by Presidentially-declared natural 
     disasters designated during fiscal years 1998 and 1999, 
     except for those activities reimbursable by or for which 
     funds are made available by the Federal Emergency Management 
     Agency, the Small Business Administration, or the Army Corps 
     of Engineers: Provided, That in administering these amounts 
     and except as provided in the next proviso, the Secretary of 
     Housing and Urban Development (the Secretary) may waive or 
     specify alternative requirements for any provision of any 
     statute or regulation that the Secretary administers in 
     connection with the obligation by the Secretary or the use by 
     the recipient of these funds, except for statutory 
     requirements related to civil rights, fair housing and 
     nondiscrimination, the environment, and labor standards, upon 
     a finding that such waiver is required to facilitate the use 
     of such funds and would not be inconsistent with the overall 
     purpose of the statute: Provided further, That the Secretary 
     may waive the requirements that activities benefit persons of 
     low and moderate income, except that at least 50 percent of 
     the funds under this heading must benefit primarily persons 
     of low and moderate income unless the Secretary makes a 
     finding of compelling need: Provided further, That, upon a 
     finding of compelling need, the Secretary must provide an 
     explanation of the finding to the Committees on 
     Appropriations: Provided further, That all funds under this 
     heading shall be allocated by the Secretary to states 
     (including Indian tribes for all purposes under this heading) 
     to be administered by each state in conjunction with its 
     Federal Emergency Management Agency program or its community 
     development block grants program or by the entity designated 
     by its Chief Executive Officer to administer the HOME 
     Investment Partnerships Program: Provided further, That each 
     state shall provide not less than 25 percent in non-Federal 
     public matching funds or its equivalent value (other than 
     administrative costs) for any funds allocated to the state 
     under this heading: Provided further, That, in conjunction 
     with the Director of the Federal Emergency Management Agency 
     (the Director), the Secretary shall allocate funds based on 
     the unmet needs identified by the Director as those which 
     have not or will not be addressed by other federal disaster 
     assistance programs: Provided further, That, in conjunction 
     with the Director, the Secretary shall utilize annual 
     disaster cost estimates in order that the funds under this 
     heading shall be available, to the maximum extent feasible, 
     to assist states with all Presidentially declared disasters 
     designated during these fiscal years: Provided further, That 
     the Secretary shall publish a notice in the Federal Register 
     governing the allocation and use of the community development 
     block grants funds made available under this heading for 
     disaster areas: Provided further, That any project or 
     activity underway prior to a Presidentially declared disaster 
     may not receive funds under this heading unless the disaster 
     directly impacted the project: Provided further, That 10 days 
     prior to distribution of funds, the Secretary and the 
     Director shall submit a list to the Committees on 
     Appropriations, setting forth the proposed uses of funds, 
     including an explanation of why other Federal disaster 
     assistance programs do not cover the costs of unmet needs 
     identified by the Director, the most

[[Page H11201]]

     recent estimates of unmet needs (including all uses of 
     waivers and the reasons therefore), and an explanation of 
     how the disaster impacted the proposed project: Provided 
     further, That the Secretary and the Director shall submit 
     quarterly reports to the Committees on Appropriations 
     regarding the actual projects, localities and needs for 
     which funds have been provided: Provided further, That 
     these reports shall be based upon quarterly reports 
     submitted to the Secretary and the Director by each state 
     receiving funds under this heading: Provided further, That 
     the entire amount shall be available only to the extent an 
     official budget request, that includes designation of the 
     entire amount of the request as an emergency requirement 
     as defined by the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress: Provided further, That the 
     entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                           INDEPENDENT AGENCY

                  Federal Emergency Management Agency


                            DISASTER RELIEF

       For an additional amount for ``Disaster relief'', 
     $906,000,000, to remain available until expended: Provided, 
     That the entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended: Provided further, That the entire amount shall be 
     available only to the extent that an official budget request 
     for a specific dollar amount, that includes designation of 
     the entire amount of the request as an emergency requirement 
     as defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress.

           TITLE V--COUNTER-DRUG ACTIVITIES AND INTERDICTION

                               CHAPTER 1

                       Department of Agriculture

                      Agriculture Research Service

       ``Agriculture Research Service'', Department of 
     Agriculture, $23,000,000, for additional counterdrug research 
     and development activities: Provided, That the entire amount 
     is designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended: Provided 
     further, That such amounts shall be available only to the 
     extent an official budget request for a specific dollar 
     amount that includes designation of the entire amount of the 
     request as an emergency requirement as defined in such Act is 
     transmitted by the President to the Congress.

                               CHAPTER 2

                         DEPARTMENT OF JUSTICE

                    Drug Enforcement Administration


                         salaries and expenses

       For an additional amount for ``Salaries and Expenses'', 
     $10,200,000, to remain available until expended, of which the 
     entire amount shall be available only to the extent that an 
     official budget request that includes the designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                 Immigration and Naturalization Service


                         salaries and expenses

                     enforcement and border affairs

       For an additional amount for Salaries and Expenses, 
     Enforcement and Border Affairs, $10,000,000, to remain 
     available until expended, of which the entire amount shall be 
     available only to the extent that an official budget request 
     that includes the designation of the entire amount of the 
     request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, 
     as amended, is transmitted by the President to the 
     Congress: Provided, That the entire amount is designated 
     by the Congress as an emergency requirement pursuant to 
     section 251(b)(2)(A) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                               CHAPTER 3

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

       For an additional amount for ``International Narcotics 
     Control and Law Enforcement'', $232,600,000, to remain 
     available until expended: Provided, That such funds shall be 
     made available subject to the regular notification procedures 
     of the Committees on Appropriations: Provided further, That 
     the entire amount shall be available only to the extent that 
     an official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                               CHAPTER 4

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

                           operating expenses

       For an additional amount for necessary expenses for the 
     operation and maintenance of the Coast Guard, not otherwise 
     provided for, $16,300,000, available solely for expenses 
     related to the expansion of drug interdiction activities 
     around Puerto Rico, the United States Virgin Islands, and 
     other transit zone areas of operation, including costs to 
     operate and maintain PC-170 patrol craft offered by the 
     Department of Defense: Provided, That $4,000,000 of these 
     funds shall be used only for the establishment and operating 
     costs of a Caribbean International Support Tender, to train 
     and support foreign coast guards in the Caribbean region: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent that an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

              acquisition, construction, and improvements

       For an additional amount for acquisition, construction, 
     renovation, and improvement of facilities and equipment, to 
     be available for expansion of Coast Guard drug interdiction 
     activities, $117,400,000, to remain available until expended: 
     Provided, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended: Provided further, That the 
     entire amount shall be available only to the extent that an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress.

                               CHAPTER 5

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         Salaries and Expenses

                     (Including transfer of funds)

       For an additional amount for ``Salaries and Expenses'', 
     $1,500,000, to remain available until expended for necessary 
     expenses for an interagency money laundering initiative: 
     Provided, That funds shall be available for transfer to 
     the National Foreign Intelligence Program: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount that includes designation of the entire 
     amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, is transmitted by the 
     President to the Congress: Provided further, That the 
     entire amount is designated by the Congress as an 
     emergency requirement pursuant to section 251(b)(2)(A) of 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985: Provided further, That none of the funds provided 
     under this heading may be obligated until fifteen days 
     after notice thereof has been transmitted to the 
     Committees on Appropriations.

                     United States Customs Service


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $106,300,000, to remain available until expended for 
     counterdrug initiatives: Provided, That the entire amount 
     shall be available only to the extent that an official budget 
     request for a specific dollar amount that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended, is 
     transmitted by the President to the Congress: Provided 
     further, That the entire amount is designated by the Congress 
     as an emergency requirement pursuant to section 251(b)(2)(A) 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985: Provided further, That none of the funds provided under 
     this heading may be obligated until fifteen days after notice 
     thereof has been transmitted to the Committees on 
     Appropriations.


  Operation, Maintenance and Procurement, Air and Marine Interdiction 
                                Programs

       For an additional amount for ``Operation, Maintenance and 
     Procurement, Air and Marine Interdiction Programs'', 
     $162,700,000, to remain available until expended: Provided, 
     That of the amount provided, $153,000,000 shall be available 
     for the procurement and conversion of two P-3B AEW aircraft 
     and four P-3B Slick aircraft to be transferred from the 
     Department of Defense to the Customs Service: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That none of the funds 
     provided under this heading may be obligated until fifteen 
     days after notice thereof has been transmitted to the 
     Committees on Appropriations.


  Customs Facilities, Construction, Improvements and Related Expenses

       For an additional amount for ``Customs Facilities, 
     Construction, Improvements and Related Expenses'', 
     $7,000,000, to remain available until expended: Provided, 
     That the entire amount shall be available only to the extent 
     that an official budget request for a specific dollar amount 
     that includes designation of the entire amount

[[Page H11202]]

     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That none of the funds 
     provided under this heading may be obligated until fifteen 
     days after notice thereof has been transmitted to the 
     Committees on Appropriations.

    EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE 
                               PRESIDENT

                 Office of National Drug Control Policy


                         Salaries and Expenses

       For an additional amount for ``Salaries and Expenses'', 
     $1,200,000: Provided, That the entire amount shall be 
     available only to the extent that an official budget request 
     for a specific dollar amount that includes designation of the 
     entire amount of the request as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended, is transmitted by the President to 
     the Congress: Provided further, That the entire amount is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(A) of the Balanced Budget and 
     Emergency Deficit Control Act of 1985: Provided further, That 
     none of the funds provided under this heading may be 
     obligated until fifteen days after notice thereof has been 
     transmitted to the Committees on Appropriations.


                        Special Forfeiture Fund

                     (Including transfer of funds)

       For an additional amount to support the National Drug Court 
     Institute, $2,000,000, to remain available until expended: 
     Provided, That the entire amount shall be available for 
     transfer to the National Drug Court Institute: Provided 
     further, That the entire amount shall be available only to 
     the extent that an official budget request for a specific 
     dollar amount that includes designation of the entire amount 
     of the request as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended, is transmitted by the President to the Congress: 
     Provided further, That the entire amount is designated by the 
     Congress as an emergency requirement pursuant to section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985: Provided further, That none of the funds 
     provided under this heading may be obligated until fifteen 
     days after notice thereof has been transmitted to the 
     Committees on Appropriations.

                      TITLE VI--GENERAL PROVISION

       No part of any appropriation contained in this Division of 
     this Act shall remain available for obligation beyond the 
     current fiscal year unless expressly so provided herein.

                       DIVISION C--OTHER MATTERS

                         TITLE I--OTHER MATTERS

       Sec. 101. Acting Treasury Inspector General for Tax 
     Administration. (a) In General.--Notwithstanding any other 
     provision of law, the President may appoint an acting 
     Treasury Inspector General for Tax Administration to serve 
     during the period--
       (1) beginning on the date of the enactment of this section 
     (or, if later, the date of the appointment), and
       (2) ending on the earlier of--
       (A) April 30, 1999, or
       (B) the date on which the first Treasury Inspector General 
     for Tax Administration takes office (other than pursuant to 
     this section).
       (b) Duties Before January 18, 1999.--The acting Treasury 
     Inspector General for Tax Administration appointed under 
     subsection (a) shall, before January 18, 1999, take only such 
     actions as are necessary to begin operation of the Office of 
     Treasury Inspector General for Tax Administration, 
     including--
       (1) making interim arrangements for administrative support 
     for the Office,
       (2) establishing interim positions in the Office into which 
     personnel will be transferred upon the transfer of functions 
     and duties to the Office on January 18, 1999,
       (3) appointing such acting personnel on an interim basis as 
     may be necessary upon the transfer of functions and duties to 
     the Office on January 18, 1999, and
       (4) providing guidance and input for the fiscal year 2000 
     budget process for the Office.
       (c) Actions Not To Limit Authority of IG.--None of the 
     actions taken by an individual appointed under subsection (a) 
     shall affect the future authority of any Treasury Inspector 
     General for Tax Administration not appointed under subsection 
     (a).
       (d) Limitations.--
       (1) Nomination.--No individual appointed under subsection 
     (a) may serve on or after January 19, 1999, unless on or 
     before such date the President has submitted to the Senate 
     his nomination of an individual to serve as the first 
     Treasury Inspector General for Tax Administration.
       (2) Treasury inspector general may not serve.--No 
     individual appointed under subsection (a) may serve during 
     any period such individual is serving as the Inspector 
     General of the Treasury of the United States or the acting 
     Inspector General of the Treasury of the United States.
       (3) Employment restrictions.--The provisions of section 
     8D(j) of the Inspector General Act of 1978 (5 U.S.C. App.) 
     shall apply to any individual appointed under subsection (a).
       Sec. 102. Section 122 of Public Law 105-119 (5 U.S.C. 3104 
     note) is amended--
       (1) by amending subsection (g) to read as follows:
       ``(g)(1) Notwithstanding any other provision of law and 
     subject to paragraph (2), the Secretary of the Treasury is 
     authorized to establish, for a period of three years from 
     date of enactment of this provision, a personnel management 
     demonstration project providing for the compensation and 
     performance management of not more than a combined total of 
     950 employees who fill critical scientific, technical, 
     engineering, intelligence analyst, language translator, and 
     medical positions in the Bureau of Alcohol, Tobacco and 
     Firearms, the United States Customs Service, and the United 
     States Secret Service.
       ``(2) The provisions of subsections (b) through (f) and 
     subsection (h) shall apply to the demonstration project 
     authorized by paragraph (1) except that--
       ``(A) any reference in such subsections to the Director of 
     the Federal Bureau of Investigation shall include a reference 
     to the Secretary of the Treasury;
       ``(B) the operating plan required by subsection (d) shall 
     be submitted not later than February 1, 1999 to the House and 
     Senate Committees on Appropriations, the House Committee on 
     Government Reform and Oversight, the Senate Committee on 
     Governmental Affairs, the House Committee on Ways and Means, 
     and the Senate Committee on Finance; and
       ``(C) the report required by subsection (f) shall be 
     submitted not later than March 31, 2001.''; and
       (2) by amending subsection (h) to read as follows--
       ``(h) The authority to establish a demonstration project 
     under this section shall terminate on November 26, 2000.''.
       Sec. 103. Section 824 of the Foreign Service Act is 
     amended:
       (1) in subsection (a)(1)(A) by inserting ``or in the case 
     of a waiver under subsection (g)'' after ``subsection (b)''; 
     and
       (2) by adding the following new subsections (g) and (h) at 
     the end:
       ``(g) The Secretary of State may waive the application of 
     the paragraphs (a) through (d) of this section, on a case-by-
     case basis, for an annuitant reemployed on a temporary basis, 
     but only if, and for so long as, the authority is necessary 
     due to an emergency involving a direct threat to life or 
     property or other unusual circumstances.
       ``(h) A reemployed annuitant as to whom a waiver under 
     subsection (g) is in effect shall not be considered a 
     participant for purposes of subchapter I or subchapter II, or 
     an employee for purposes of chapter 83 or 84 of title 5, 
     United States Code.''.
       Sec. 104. Title II of the Omnibus Diplomatic Security and 
     Antiterrorism Act of 1986 (Public Law 99-399) is amended by 
     adding the following new section at the end:

     ``SEC. 206. CONTRACTING AUTHORITY.

       ``The Secretary of State is authorized to employ 
     individuals or organizations by contract to carry out the 
     purposes of this Act, and individuals employed by contract to 
     perform such services shall not by virtue of such employment 
     be considered to be employees of the United States Government 
     for purposes of any law administered by the Office of 
     Personnel Management (except that the Secretary may determine 
     the applicability to such individuals of any law administered 
     by the Secretary concerning the employment of such 
     individuals); and such contracts are authorized to be 
     negotiated, the terms of the contracts to be prescribed, and 
     the work to be performed, where necessary, without regard to 
     such statutory provisions as relate to the negotiation, 
     making and performance of contracts and performance of work 
     in the United States.''.
       Sec. 106. Intrastate Bus Transportation in Hawaii. Section 
     14501(a)(1) of Title 49, United States Code, is amended by 
     striking ``operations'' and inserting ``operations, or to 
     intrastate bus transportation of any nature in the State of 
     Hawaii''.
       Sec. 107. Provisions of 23 U.S.C. 125(b)(1) shall not apply 
     to emergency relief projects resulting from the flooding in 
     the State of California in January and March 1995.
       Sec. 108. For the purpose of any Rule of the House of 
     Representatives, notwithstanding any other provision of law, 
     any obligation limitation relating to surface transportation 
     projects under section 1602 of P.L. 105-178 shall be assumed 
     to be administered on the basis of sound program management 
     practices that are consistent with past practices of the 
     administering agency permitting States to decide High 
     Priority Project funding priorities within state program 
     allocations.
       Sec. 109. Operation of Trailers. (a) Registration of 
     Trailers.--A State that requires annual registration of 
     container chassis and the apportionment of fees for such 
     registrations in accordance with the International 
     Registration Plan (as defined under section 31701 of title 
     49, United States Code) shall not limit the operation, or 
     require the registration, in the State of a container chassis 
     (or impose fines or penalties on the operation of a container 
     chassis for being operated in the State without a 
     registration issued by the State) if such chassis--
       (1) is registered under the laws of another State; and
       (2) is operating under a trip permit issued by the State.
       (b) Limitation on Registration of Trailers.--A State 
     described in subsection (a) may not deny the use of trip 
     permits for the operation in the State of a container chassis 
     that is registered under the laws of another State.
       (c) Safety Regulation.--This section shall apply to 
     registration requirements only and shall not affect the 
     ability of the State to regulate for safety.
       (d) Penalties.--No State described in subsection (a), 
     political subdivision of such a State, or person may impose 
     or collect any fee, penalty, fine, or other form of damages 
     which is

[[Page H11203]]

     based in whole or in part upon the nonpayment of a State 
     registration fee (including related weight and licensing fees 
     assessed as part of registration) attributable to a 
     container chassis operated in the State (and registered in 
     another State) before the date of enactment of this Act, 
     unless it is shown by the State, political subdivision, or 
     person that such container chassis was not operated in the 
     State under a trip permit issued by the State.
       (e) Container Chassis Defined.--In this section, the term 
     ``container chassis'' means a trailer, semi-trailer, or 
     auxiliary axle used exclusively for the transportation of 
     ocean shipping containers.
       Sec. 110. Reauthorization of the Federal Aviation 
     Administration. (a) Period of Applicability of Certain 
     Amendments.--Effective September 29, 1998, section 125 of the 
     Federal Aviation Reauthorization Act of 1996 (49 U.S.C. 47114 
     note; 110 Stat. 3220) is repealed.
       (b) Airport Improvement Program.--
       (1) Authorization of appropriations.--Section 48103 of 
     title 49, United States Code, is amended--
       (A) by striking ``September 30, 1996'' and inserting 
     ``September 30, 1998''; and
       (B) by striking ``$2,280,000,000'' and all that follows 
     through the period at the end and inserting the following: 
     ``$1,205,000,000 for the six-month period beginning October 
     1, 1998''.
       (2) Obligational authority.--Section 47104(c) of title 49, 
     United States Code, is amended by striking ``September 30, 
     1998'' and inserting ``March 31, 1999''.
       (c) Aviation Insurance Program Amendments.--
       (1) Reimbursement of insured party's subrogee.--Section 
     44309(a) of title 49, United States Code, is amended to read 
     as follows:
       ``(a) Losses.--
       ``(1) Actions against united states.--A person may bring a 
     civil action in a district court of the United States or in 
     the United States Court of Federal Claims against the United 
     States Government when--
       ``(A) a loss insured under this chapter is in dispute; or
       ``(B)(i) the person is subrogated under a contract between 
     the person and a party insured under this chapter (other than 
     section 44305(b)) to the rights of the insured party against 
     the United States Government; and
       ``(ii) the person has paid to the insured party, with the 
     approval of the Secretary of Transportation, an amount for a 
     physical damage loss that the Secretary has determined is a 
     loss covered by insurance issued under this chapter (other 
     than section 44305(b)).
       ``(2) Limitation.--A civil action involving the same matter 
     (except the action authorized by this subsection) may not be 
     brought against an agent, officer, or employee of the 
     Government carrying out this chapter.
       ``(3) Procedure.--To the extent applicable, the procedure 
     in an action brought under section 1346(a)(2) of title 28, 
     United States Code, applies to an action under this 
     subsection.''.
       (2) Extension of aviation insurance program.--Section 44310 
     of such title is amended by striking ``December 31, 1998.'' 
     and inserting ``March 31, 1999.''.
       (d) Eligibility of AIP Funds to Assess Y2K Compliance.--
       (1) Eligibility.--For fiscal year 1999 the term ``airport 
     development'' under section 47102(3) of title 49, United 
     States Code, may include activities of an airport sponsor of 
     a commercial service airport (as defined by section 47102(7) 
     of such title) to assess the Year 2000 processing 
     capabilities of any airport facilities, technology systems, 
     or equipment owned by the airport sponsor and directly 
     related to airport activities, regardless of whether such 
     facilities, systems, or equipment are otherwise eligible for 
     assistance under chapter 471 of such title. Such activities 
     may include testing associated with such assessment.
       (2) Limitations.--
       (A) Only funds apportioned to sponsors under section 
     47114(c) of title 49, United States Code, or to States under 
     subsections (d) and (e) of section 47114 of such title, may 
     be used for activities described in paragraph (1).
       (B) The expanded eligibility under paragraph (1) applies 
     only to the assessment (and associated testing) with respect 
     to the Year 2000 processing capabilities of airport 
     facilities, systems, and equipment owned by the airport 
     sponsor.
       (3) Definition.--In this subsection, the term ``Year 2000 
     processing'' means the processing (including, without 
     limitation, calculating, comparing, sequencing, displaying, 
     or storing), transmitting, or receiving of date or date/time 
     data from, into, and between the twentieth and twenty-
     first centuries, and the years 1999 and 2000, and leap 
     year calculations.
       (e) Scorekeeping Adjustment.--Notwithstanding Rule 3 of the 
     Budget Scorekeeping Guidelines set forth in the Joint 
     Explanatory Statement of the Committee of Conference 
     accompanying Conference Report No. 105-217, legislation in 
     this section that would have been estimated by the Office of 
     Management and Budget as changing direct spending or receipts 
     under section 252 of the Balanced Budget and Emergency 
     Deficit Control Act of 1985 were it included in an Act other 
     than an appropriation Act shall be treated as direct spending 
     or receipts legislation, as appropriated, under section 252 
     of the Balanced Budget and Emergency Deficit Control Act of 
     1985.

     (F) JOINT VENTURE AGREEMENTS.

       (1) In general.--Subchapter I of chapter 417 is amended by 
     adding at the end the following:

     ``Sec. 41716. Joint venture agreements

       ``(a) Definitions.--In this section, the following 
     definitions apply:
       ``(1) Joint venture agreement.--The term `joint venture 
     agreement' means an agreement entered into by a major air 
     carrier on or after January 1, 1998, with regard to (A) code-
     sharing, blocked-space arrangements, long-term wet leases (as 
     defined in section 207.1 of title 14, Code of Federal 
     Regulations) of a substantial number (as defined by the 
     Secretary by regulation) of aircraft, or frequent flyer 
     programs, or (B) any other cooperative working arrangement 
     (as defined by the Secretary by regulation) between 2 or more 
     major air carriers that affects more than 15 percent of the 
     total number of available seat miles offered by the major air 
     carriers.
       ``(2) Major air carrier.--The term `major air carrier' 
     means a passenger air carrier that is certificated under 
     chapter 411 of this title and included in Carrier Group III 
     under criteria contained in section 04 of part 241 of title 
     14, Code of Federal Regulations.
       ``(b) Submission of Joint Venture Agreement.--At least 30 
     days before a joint venture agreement may take effect, each 
     of the major air carriers that entered into the agreement 
     shall submit to the Secretary--
       ``(1) a complete copy of the joint venture agreement and 
     all related agreements; and
       ``(2) other information and documentary material that the 
     Secretary may require by regulation.
       ``(c) Extension of Waiting Period.--
       ``(1) In general.--The Secretary may extend the 30-day 
     period referred to in subsection (b) until--
       ``(A) in the case of a joint venture agreement with regard 
     to code-sharing, the 150th day following the last day of such 
     period; and
       ``(B) in the case of any other joint venture agreement, the 
     60th day following the last day of such period.
       ``(2) Publication of reasons for extension.--If the 
     Secretary extends the 30-day period referred to in subsection 
     (b), the Secretary shall publish in the Federal Register the 
     Secretary's reasons for making the extension.
       ``(d) Termination of waiting period.--At any time after the 
     date of submission of a joint venture agreement under 
     subsection (b), the Secretary may terminate the waiting 
     periods referred to in subsections (b) and (c) with respect 
     to the agreement.
       ``(e) Regulations.--The effectiveness of a joint venture 
     agreement may not be delayed due to any failure of the 
     Secretary to issue regulations to carry out this section.
       ``(f) Memorandum To Prevent Duplicative Reviews.--Promptly 
     after the date of enactment of this section, the Secretary 
     shall consult with the Assistant Attorney General of the 
     Antitrust Division of the Department of Justice in order to 
     establish, through a written memorandum of understanding, 
     preclearance procedures to prevent unnecessary duplication of 
     effort by the Secretary and the Assistant Attorney General 
     under this section and the antitrust laws of the United 
     States, respectively.
       ``(g) Prior Agreements.--With respect to a joint venture 
     agreement entered into before the date of enactment of this 
     section as to which the Secretary finds that--
       ``(1) the parties submitted the agreement to the Secretary 
     before such date of enactment; and
       ``(2) the parties submitted all information on the 
     agreement requested by the Secretary,
       the waiting period described in paragraphs (2) and (3) 
     shall begin on the date, as determined by the Secretary, on 
     which all such information was submitted and end on the last 
     day to which the period could be extended under this section.
       ``(h) Limitation on Statutory Construction.--The authority 
     granted to the Secretary under this section shall not in any 
     way limit the authority of the Attorney General to enforce 
     the antitrust laws as defined in the first section of the 
     Clayton Act (15 U.S.C. 12).''.
       (2) Conforming amendment.--The analysis for subchapter I of 
     chapter 417 is amended by adding at the end the following:

       ``41716. Joint venture agreements.''.

     (G) COMPETITIVE PRACTICES IN THE AIRLINE INDUSTRY.

       (1) National research council.--
       (a) Study.--The National Research Council of the National 
     Academy of Sciences shall complete a comprehensive update of 
     the 1991 study of airline deregulation prepared by the 
     Transportation Research Board of the Council. The update 
     shall include updated versions of the chapters contained in 
     the study pertaining to competitive issues in the airline 
     industry as well as recommendations for changes in the 
     statutory framework under which the airline industry 
     operates.
       (b) Report by national research council.--Not later than 6 
     months after the date of enactment of this Act, the National 
     Research Council shall transmit to Congress and the Secretary 
     of Transportation a report containing the results of the 
     study conducted under paragraph (a).
       (c) Report by the secretary.--Not later than 2 months after 
     the date on which the Secretary receives the report of the 
     National Research Council under paragraph (2), the Secretary 
     shall transmit to Congress a report containing the response 
     of the Secretary to the findings and recommendations of the 
     National Research Council.
       (2) Report to congress.--The Secretary shall conduct a 
     study and transmit to Congress a report that includes--
       (a) a description of any complaints received by the 
     Secretary concerning acts of unfair competition or predatory 
     pricing in the airline industry (including the number of such 
     complaints) and of specific examples of such acts;
       (b) a description of the options of the Secretary for 
     addressing any acts of unfair competition or predatory 
     pricing identified under paragraph (a);
       (c) an analysis of the guidelines proposed in Docket OST-
     98-3713, including information documenting and quantifying 
     the impact of the guidelines on the items listed in 
     subsection (3)(c); and

[[Page H11204]]

       (d) a description of the manner in which the Secretary 
     plans to coordinate the handling of predatory pricing and 
     unfair competition complaints against air carriers filed with 
     the Secretary and similar complaints filed with the Attorney 
     General, including methods to ensure efficient use of limited 
     government resources and to ensure that all parties avoid 
     duplicate requests by government agencies for information 
     unless each of the agencies needs the information to carry 
     out its statutory responsibilities.
       (3) Guidelines.--
       (a) Issuance.--The Secretary shall not issue final 
     guidelines in Docket OST-98-3713 before the date of 
     transmittal to Congress of a report under subsection (2).
       (b) Transmittal to congress.--If the Secretary issues final 
     guidelines in Docket OST-98-3713, the Secretary shall 
     transmit the guidelines to Congress.
       (c) Impact of guidelines.--If, as a result of the study 
     conducted under subsection (2), the Secretary decides to 
     issue final guidelines in Docket OST-98-3713 that are 
     different from the guidelines originally proposed, the 
     Secretary shall, as part of the transmittal under paragraph 
     (b), include information that documents and quantifies the 
     impact of the guidelines on the following:
       (i) Scheduled service to small- and medium-sized 
     communities.
       (ii) Airfares, including the availability of senior 
     citizen, Internet, and standby discounts on routes covered by 
     the guidelines.
       (iii) The incentive and ability of major air carriers to 
     offer low airfares.
       (iv) The incentive of new entrant air carriers to offer low 
     airfares.
       (v) The ability of air carriers to offer inclusive leisure 
     travel for which airfares are not separately advertised.
       (vi) Members of frequent flyer programs.
       (vii) The ability of air carriers to carry non-origination 
     and destination traffic on the portion of routes that are 
     served by new entrant air carriers covered by the guidelines.
       (viii) Airline employees.
       (4) Consultation.--In conducting the study under section 
     (2), the Secretary shall consult with the Attorney General, 
     major air carriers, new entrant air carriers, airport and 
     community leaders, academic and economic experts, and airline 
     employees and passengers.
       (5) Effective Date.--The guidelines adopted in Docket OST-
     98-3713, or any similar guidelines, shall not become 
     effective before the last day of the 12-week period beginning 
     on the date of transmittal to Congress of final guidelines in 
     Docket OST-98-3713, except that a week shall not count toward 
     such 12-week period unless the House of Representatives is in 
     session for legislative business at least 1 day during the 
     week.
       Sec. 111. Steel Imports Into the United States. (a) 
     Findings.--Congress makes the following findings:
       (1) The current financial crises in Asia, the independent 
     States of the former Soviet Union (as defined in section 3 of 
     the FREEDOM Support Act), Russia, and other areas of the 
     world, involve significant depreciation in the currencies of 
     several key steel-producing and steel-consuming countries, 
     along with a collapse in the domestic demand for steel in the 
     countries.
       (2) The crises have generated and will continue to generate 
     increases in United States imports of steel, both from the 
     countries whose currencies have been depreciated and from 
     other Asian steel-producing countries that are no longer able 
     to export steel to the countries that are experiencing an 
     economic crisis.
       (3) United States imports of finished steel mill products 
     from Asian steel-producing countries, such as the People's 
     Republic of China, Japan, Korea, India, Taiwan, Indonesia, 
     Thailand, and Malaysia, increased by 79 percent in the first 
     5 months of 1998.
       (4) Year-to-date imports of steel from Russia now exceed 
     the record import levels of 1997, and steel imports from 
     Russia and the Ukraine now approach 2,500,000 net tons.
       (5) Foreign government trade restrictions and private 
     restraints of trade distort international trade and 
     investment patterns and result in burdens on United States 
     commerce, including absorption of a disproportionate share of 
     steel diverted from other countries.
       (6) The European Union, for example, despite also being a 
     major economy, in 1997 imported only one-tenth as much 
     finished steel products from Asian steel-producing countries 
     as the United States did and has restricted imports of steel 
     from the independent states of the former Soviet Union and 
     Russia.
       (7) The United States is simultaneously facing a 
     substantial increase in steel imports from the independent 
     states of the former Soviet Union and Russia, caused in part 
     by the closure of Asian markets to steel imports.
       (8) There is a well recognized need for improvement in the 
     enforcement of the United States trade laws to provide an 
     effective response to situations of such increased imports.
       (b) Sense of Congress.--Congress calls upon the President 
     to--
       (1) pursue enhanced enforcement of the United States trade 
     laws with respect to the increase in steel imports into the 
     United States, using all remedies available under United 
     States laws including imposition of offsetting duties, 
     quantitative restrictions, and other appropriate remedial 
     measures;
       (2) pursue with all methods at the President's disposal to 
     achieve a more equitable sharing of the burden of accepting 
     imports of finished steel products from Asia and the 
     independent states of the former Soviet Union;
       (3) establish a task force within the executive branch that 
     has responsibility for closely monitoring imports of steel 
     into the United States; and
       (4) report to Congress not later than January 5, 1999, with 
     a comprehensive plan for responding to the increase in steel 
     imports, including ways of limiting the deleterious effects 
     on employment, prices, and investment in the United States 
     steel industry.
       Sec. 112. Inclusion of Spirit Mound, South Dakota, on the 
     Lewis and Clark Trail. (a) Acquisition.--The Secretary of the 
     Interior is authorized to acquire on a willing seller basis, 
     at a cost of not to exceed $600,000, the tract of land known 
     as ``Spirit Mound'', located on South Dakota Highway 19 near 
     Vermilion, South Dakota.
       (b) Inclusion on the Lewis and Clark Trail.--The tract 
     described in subsection (a) shall be administered as part of 
     the Lewis and Clark National Historic Trail.
       (c) Cooperative Agreement.--The Secretary of the Interior 
     shall enter into a cooperative agreement with Lewis and 
     Clark/Spirit Mound Trust Inc., providing for the restoration, 
     interpretation, and long-term preservation of, and public 
     access to, Spirit Mound.
       Sec. 113. (a) Designation of Dick Cheney Federal 
     Building.--The Federal Building and Post Office located at 
     100 East B Street, Casper, Wyoming, shall be known and 
     designated as the ``Dick Cheney Federal Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Federal Building and Post Office referred to in subsection 
     (a) shall be deemed to be a reference to the ``Dick Cheney 
     Federal Building''.
       Sec. 114. (a) Designation.--The United States Post Office 
     located at 297 Larkfield Road in East Northport, New York, 
     shall be known and designated as the ``Jerome Anthony Ambro, 
     Jr. Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     United States Post Office referred to in subsection (a) shall 
     be deemed to be a reference to the ``Jerome Anthony Ambro, 
     Jr. Post Office Building''.
       Sec. 115. Designation of Lieutenant Henry O. Flipper 
     Station. (a) In General.--The facility of the United States 
     Postal Service located at Tall Timbers Village Square, United 
     States Highway 19 South, in Thomasville, Georgia, shall be 
     known and designated as the ``Lieutenant Henry O. Flipper 
     Station''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility of the United States Postal Service referred to in 
     subsection (a) shall be deemed to be a reference to the 
     ``Lieutenant Henry O. Flipper Station''.
       Sec. 116. William R. ``Billy'' Rolle Post Office Building. 
     (a) Designation.--The United States Postal Service building 
     located at 3191 Grand Avenue in Coconut Grove, Florida, shall 
     be known and designated as the ``William R. `Billy' Rolle 
     Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``William R. `Billy' Rolle Post Office 
     Building''.
       Sec. 117. Helen Miller Post Office Building. (a) 
     Designation.--The United States Postal Service building 
     located at 550 Fisherman Street in Opa Locka, Florida, shall 
     be known and designated as the ``Helen Miller Post Office 
     Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Helen Miller Post Office Building''.
       Sec. 118. Essie Silva Post Office Building. (a) 
     Designation.--The United States Postal Service building 
     located at 18690 N.W. 37th Avenue in Carol City, Florida, 
     shall be known and designated as the ``Essie Silva Post 
     Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Essie Silva Post Office Building''.
       Sec. 119. Athalie Range Post Office Building. (a) 
     Designation.--The United States Postal Service building 
     located at 500 North West 2d Avenue in Miami, Florida, shall 
     be known and designated as the ``Athalie Range Post Office 
     Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Athalie Range Post Office Building''.
       Sec. 120. Garth Reeves, Sr. Post Office Building. (a) 
     Designation.--The United States Postal Service building 
     located at 995 North West 119th Street in Miami, Florida, 
     shall be known and designated as the ``Garth Reeves, Sr. Post 
     Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Garth Reeves, Sr. Post Office 
     Building''.
       Sec. 121. (a) Designation.--The United States Post Office 
     located at 16250 Highway 603 in Kiln, Mississippi, shall be 
     known and designated as the ``Ray J. Favre Post Office 
     Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     United States Post Office referred to in subsection (a) shall 
     be deemed to be a reference to the ``Ray J. Favre Post Office 
     Building''.
       Sec. 122. (a) Redesignation.--The building of the United 
     States Postal Service located at 2419 West Monroe Street, in 
     Chicago, Illinois, and known as the Midwest Post Office 
     Building,

[[Page H11205]]

     shall be known and designated as the ``Nancy B. Jefferson 
     Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Nancy B. Jefferson Post Office 
     Building''.
       Sec. 123. (a) Redesignation.--The facility of the United 
     States Postal Service located at 9719 Candelaria Road NE in 
     Albuquerque, New Mexico, and known as the Eldorado Station 
     Post Office, shall be known and designated as the ``Steve 
     Schiff Post Office''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     facility referred to in subsection (a) shall be deemed to be 
     a reference to the ``Steve Schiff Post Office''.
       Sec. 124. (a) Designation.--The United States Post Office 
     located at 860 Penniman Avenue in Plymouth, Michigan, shall 
     be known and designated as the ``Carl D. Pursell Post 
     Office''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     United States Post Office referred to in subsection (a) shall 
     be deemed to be a reference to the ``Carl D. Pursell Post 
     Office''.
       Sec. 125. (a) Designation.--The United States Post Office 
     located at 202 Center Street in Garwood, New Jersey, shall be 
     known and designated as the ``James T. Leonard, Sr. Post 
     Office''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     United States Post Office referred to in subsection (a) shall 
     be deemed to be a reference to the ``James T. Leonard, Sr. 
     Post Office''.
       Sec. 126. Edgar C. Campbell, Sr., Post Office Building. (a) 
     Designation.--The United States Postal Service building 
     located at 658 63rd Street, in Philadelphia, Pennsylvania, 
     shall be known and designated as the ``Edgar C. Campbell, 
     Sr., Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Edgar C. Campbell, Sr., Post Office 
     Building''.
       Sec. 127. David P. Richardson, Jr., Post Office Building. 
     (a) Designation.--The United States Postal Service building 
     located at 5209 Greene Street, in Philadelphia, Pennsylvania, 
     shall be known and designated as the ``David P. Richardson, 
     Jr., Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``David P. Richardson, Jr., Post Office 
     Building''.
       Sec. 128. (a) Redesignation.--The building of the United 
     States Postal Service located at 324 South Laramie Street, in 
     Chicago, Illinois, and known as the Austin Post Office 
     Building, shall be known and designated as the ``Reverend 
     Milton R. Brunson Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Reverend Milton R. Brunson Post Office 
     Building''.
       Sec. 129. Designation. (a) In General.--The facility of the 
     United States Postal Service located at 3750 North Kedzie 
     Avenue in Chicago, Illinois, shall be known and designated as 
     the ``Daniel J. Doffyn Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     United States Post Office building referred to in subsection 
     (a) shall be deemed to be a reference to the ``Daniel J. 
     Doffyn Post Office Building''.
       Sec. 130. (a) Designation.--The United States Post Office 
     located at 215 East Jackson Street in Painesville, Ohio, as 
     the ``Karl Bernal Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     United States Post Office referred to in subsection (a) shall 
     be deemed to be a reference to the ``Karl Bernal Post Office 
     Building''.
       Sec. 131. (a) Designation.--The United States Post Office 
     located at 95 West #100 South in Provo, Utah, shall be known 
     and designated as the ``Howard C. Nielson Post Office 
     Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     United States Post Office referred to in subsection (a) shall 
     be deemed to be a reference to the ``Howard C. Nielson Post 
     Office Building''.
       Sec. 132. (a) Designation.--The United States Postal 
     Service building located at 11550 Livingston Road, in Fort 
     Washington, Maryland, shall be known and designated as the 
     ``Jacob Joseph Chestnut Post Office Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     building referred to in subsection (a) shall be deemed to be 
     a reference to the ``Jacob Joseph Chestnut Post Office 
     Building''.
       Sec. 133. (a) Designation.--The Federal building located at 
     309 North Church Street in Dyersburg, Tennessee, shall be 
     known and designated as the ``Jere Cooper Federal Building''.
       (b) References.--Any reference in a law, map, regulation, 
     document, paper, or other record of the United States to the 
     Federal building referred to in subsection (a) shall be 
     deemed to be a reference to the ``Jere Cooper Federal 
     Building''.
       Sec. 134. Notwithstanding any other law, sections 101 (d), 
     (k), (p), (s) and (x) of the Omnibus Personnel Reform 
     Amendment Act of 1998, D.C. Law 12-124, effective June 11, 
     1998, are enacted into law.
       Sec. 135. (a) Any right, title, or interest of the United 
     States in the property described in subsection (b) is hereby 
     waived.
       (b) The property described in this subsection is certain 
     real property comprised of approximately 106.94 acres of land 
     located in Anne Arundel County in the State of Maryland, said 
     property being originally approximately 144.5 acres of land 
     granted to the United States to be held in title by the 
     ``Commissioners of the District of Columbia on behalf of the 
     United States of America'', in fee simple, by a Judgment of 
     Taking in U.S. District Court, Civil Action Number 2391, 
     saving and excepting therefrom approximately 37.57 acres of 
     land by deed dated June 17, 1947, and recorded at Liber 584, 
     Folio 591.
       Sec. 136. Flood Mitigation Near Pierre, South Dakota. (a) 
     In General.--
       (1) Land acquisition.--To provide full operational 
     capability to carry out the authorized purposes of the 
     Missouri River Main Stem dams that are part of the Pick-Sloan 
     Missouri River Basin Program authorized by section 9 of the 
     Act entitled ``An Act authorizing the construction of certain 
     public works on rivers and harbors for flood control, and 
     other purposes'', approved December 22, 1944, the Secretary 
     may acquire from willing sellers such land and property in 
     the vicinity of Pierre, South Dakota, or floodproof or 
     relocate such property within the project area, as the 
     Secretary determines is adversely affected by the full 
     wintertime Oahe Powerplant releases.
       (2) Ownership and use.--Any land that is acquired under 
     this authority shall be kept in public ownership and will be 
     dedicated and maintained in perpetuity for a use that is 
     compatible with any remaining flood threat.
       (3) Report.--
       (A) In general.--The Secretary shall not obligate funds to 
     implement this paragraph until the Secretary has completed a 
     report addressing the criteria for selecting which properties 
     are to be acquired, relocated or floodproofed, and a plan for 
     implementing such measures and has made a determination that 
     the measures are economically justified.
       (B) Deadline.--The report shall be completed not later than 
     180 days after funding is made available.
       (4) Coordination and cooperation.--The report and 
     implementation plan--
       (A) shall be coordinated with the Federal Emergency 
     Management Agency; and
       (B) shall be prepared in consultation with other Federal 
     agencies, and State and local officials, and residents.
       (5) Considerations.--Such report should take into account 
     information from prior and ongoing studies.
       (b) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $35,000,000.
       Sec. 137. Grand Forks, North Dakota, and East Grand Forks, 
     Minnesota.--The following project for water resources 
     development and conservation and other purposes is authorized 
     to be carried out by the Secretary of the Army, acting 
     through the Chief of Engineers, substantially in accordance 
     with the plans, and subject to the conditions recommended in 
     a final report of the Chief of Engineers as approved by the 
     Secretary, if the report of the Chief is completed not later 
     than December 31, 1998: The project for flood damage 
     reduction and recreation, Grand Forks, North Dakota, and East 
     Grand Forks, Minnesota, at a total cost of $307,750,000, with 
     an estimated Federal cost of $154,360,000 and an estimated 
     non-Federal cost of $153,390,000.
       Sec. 138. Police Corps Act. (a) Training Period.--
       (1) In general.--Section 200108 of the Police Corps Act (42 
     U.S.C. 14097) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Training Sessions.--A participant in a State Police 
     Corps program shall attend up to 24 weeks, but no less than 
     16 weeks, of training at a training center. The Director may 
     approve training conducted in not more than 3 separate 
     sessions.''.
       (2) Conforming amendment.--Section 200108(c) of the Police 
     Corps Act (42 U.S.C. 14097(c)) is amended by striking ``16 
     weeks of''.
       (b) Reauthorization.--Section 200112 of the Police Corps 
     Act (42 U.S.C. 14101) is amended by striking ``$20,000'' and 
     all that follows before the period and inserting 
     ``$50,000,000 for fiscal year 1999, $70,000,000 for fiscal 
     year 2000, $90,000,000 for fiscal year 2001, and $90,000,000 
     for fiscal year 2002''.
       Sec. 139. Congressional Gold Medals and Commemorative 
     Coins. (a) Little Rock Nine.--
       (1) The Congress hereby finds the following:
       (A) Jean Brown Trickey, Carlotta Walls LaNier, Melba 
     Patillo Beals, Terrence Roberts, Gloria Ray Karlmark, Thelma 
     Mothershed Wair, Ernest Green, Elizabeth Eckford, and 
     Jefferson Thomas, hereafter in this section referred to as 
     the ``Little Rock Nine'', voluntarily subjected themselves to 
     the bitter stinging pains of racial bigotry.
       (B) The Little Rock Nine are civil rights pioneers whose 
     selfless acts considerably advanced the civil rights debate 
     in this country.
       (C) The Little Rock Nine risked their lives to integrate 
     Central High School in Little Rock, Arkansas, and 
     subsequently the Nation.
       (D) The Little Rock Nine sacrificed their innocence to 
     protect the American principle that we are all ``one Nation, 
     under God, indivisible''.
       (E) The Little Rock Nine have indelibly left their mark on 
     the history of the Nation.
       (F) The Little Rock Nine have continued to work toward 
     equality for all Americans.
       (2)(A) The President is authorized to present, on behalf of 
     Congress, to Jean Brown Trickey, Carlotta Walls LaNier, Melba 
     Patillo Beals, Terrence Roberts, Gloria Ray Karlmark, Thelma 
     Mothershed Wair, Ernest Green, Elizabeth Eckford, and 
     Jefferson Thomas, commonly referred to as the ``Little Rock 
     Nine'', gold medals

[[Page H11206]]

     of appropriate design, in recognition of the selfless heroism 
     such individuals exhibited and the pain they suffered in the 
     cause of civil rights by integrating Central High School in 
     Little Rock, Arkansas.
       (B) For purposes of the presentation referred to in 
     subsection (A) the Secretary of the Treasury shall strike a 
     gold medal with suitable emblems, devices, and inscriptions 
     to be determined by the Secretary for each recipient.
       (C) Effective October 1, 1998, there be authorized to be 
     appropriated such sums as may be necessary to carry out this 
     subsection.
       (3)(A) The Secretary of the Treasury may strike and sell 
     duplicates in bronze of the gold medals struck pursuant to 
     subsection (a)(2)(B) under such regulations as the Secretary 
     may prescribe, at a price sufficient to cover the cost 
     thereof, including labor, materials, dies, use of machinery, 
     and overhead expenses, and the cost of the gold medal.
       (B) The appropriation used to carry out this subsection 
     shall be reimbursed out of the proceeds of sales under 
     subsection (a)(3)(A).
       (4) The medals struck pursuant to this subsection are 
     national medals for purposes of chapter 51 of title 31, 
     United States Code.
       (b) Gerald R. and Betty Ford.--
       (1) The President is authorized to present, on behalf of 
     the Congress, to Gerald R. and Betty Ford a gold medal of 
     appropriated design--
       (A) in recognition of their dedicated public service and 
     outstanding humanitarian contributions to the people of the 
     United States; and
       (B) in commemoration of the following occasions in 1998:
       (i) The 85th anniversary of the birth of President Ford.
       (ii) The 80th anniversary of the birth of Mrs. Ford.
       (iii) The 50th wedding anniversary of President and Mrs. 
     Ford.
       (iv) The 50th anniversary of the 1st election of Gerald R. 
     Ford to the United States to the United States House of 
     Representatives.
       (v) The 25th anniversary of the approval of Gerald R. Ford 
     by the Congress to become Vice President of the United 
     States.
       (2) For purposes of the presentation referred to in 
     subsection (b)(1), the Secretary of the Treasury shall strike 
     a gold medal with suitable emblems, devices, and inscriptions 
     to be determined by the Secretary.
       (3) There are authorized to be appropriated not to exceed 
     $20,000 to carry out this subsection.
       (4) The Secretary of the Treasury may strike and sell 
     duplicates in bronze of the gold medal struck pursuant to 
     subsection (b)(2) under such regulations as the Secretary may 
     prescribe, at a price sufficient to cover the cost thereof, 
     including labor, materials, dies, use of machinery, and 
     overhead expenses, and the cost of the gold medal.
       (5) The appropriation used to carry out this subsection 
     shall be reimbursed out of the proceeds of sales under 
     subsection (b)(4).
       (6) The medals struck pursuant to this subsection are 
     national medals for purposes of chapter 51 of title 31, 
     United States Code.
       (c) 6-Month Extension for Certain Sales.--Notwithstanding 
     section 101(7)(D) of the United States Commemorative Coin Act 
     of 1996, the Secretary of the Treasury may, at any time 
     before January 1, 1999, make bulk sales at a reasonable 
     discount to the Jackie Robinson Foundation of not less than 
     20 percent of any denomination of proof and uncirculated 
     coins minted under section 101(7) of such Act which remained 
     unissued as of July 1, 1998, except that the total number of 
     coins of any such denomination which were issued under such 
     section or this section may not exceed the amount of such 
     denomination of coins which were authorized to be minted and 
     issued under section 101(7)(A) of such Act.
       Sec. 140. (a) Land Conveyance, San Joaquin County, 
     California.--Notwithstanding any other provision of law 
     (including the Federal Property and Administrative Services 
     Act of 1949 (40 U.S.C. 471 et seq.)), the Attorney General 
     shall convey, by quit claim deed and by negotiated sale, to 
     the City of Tracy, California (in this section referred to as 
     the ``City''), the interest of the United States in a parcel 
     of real property consisting of approximately 200 acres 
     located in San Joaquin County, California, and currently 
     administered by the Federal Bureau of Prisons of the 
     Department of Justice. The Attorney General shall complete 
     the conveyance to the City not later than 120 days after the 
     date of the enactment of this Act.
       (b) Description of Property.--The exact acreage and legal 
     description of the real property to be conveyed under 
     subsection (a) shall be determined by a survey satisfactory 
     to the Attorney General. The cost of the survey shall be 
     borne by the City.
       (c) Purpose of Conveyance.--The purpose of the real 
     property conveyance under subsection (a) is to permit the 
     City to use approximately 150 acres of the conveyed property 
     as the location of a joint secondary and post secondary 
     educational facility and for other educational purposes and 
     to use approximately 50 acres of the conveyed property for 
     economic development. In the event that the City determines 
     that a joint secondary and post secondary educational 
     facility is unfeasible for the 150-acre portion of the 
     conveyed property, the City shall use up to 50 acres of that 
     portion for at least 30 years as the location for a secondary 
     school and for other educational purposes and use up to 100 
     acres of that portion as a public park and for other 
     recreational purposes.
       (d) Conditions on Use.--(1) The use of the real property 
     conveyed under subsection (a) for educational purposes, as 
     provided in subsection (c), shall be subject to the approval 
     of the Secretary of Education.
       (2) The use of the conveyed real property for economic 
     development, as provided in subsection (c), shall be subject 
     to the approval of the Attorney General.
       (3) If a portion of the conveyed real property is used as a 
     public park or for other recreational purposes, as provided 
     in subsection (c), the use of such portion shall be subject 
     to the approval of the Secretary of the Interior.
       (e) Reversionary Interests.--(1) If the Secretary of 
     Education determines at any time that the portion of the real 
     property conveyed under subsection (a) that is to be used for 
     educational purposes is not being used for such purposes, all 
     right, title, and interest in and to that portion of the 
     property, including any improvements thereon, shall revert to 
     the United States.
       (2) If the Attorney General determines at any time that the 
     portion of the real property conveyed under subsection (a) 
     that is to be used for economic development is not being used 
     for such purposes, all right, title, and interest in and to 
     that portion of the property, including any improvements 
     thereon, shall revert to the United States.
       (3) If a portion of the real property conveyed under 
     subsection (a) is used as a public park or for other 
     recreational purposes, as provided in subsection (c), and the 
     Secretary of the Interior determines that such portion is no 
     longer being used for such purposes, all right, title, and 
     interest in and to that portion of the property, including 
     any improvements thereon, shall revert to the United States.
       (f) Additional Terms and Conditions.--The Attorney General 
     may require such additional terms and conditions in 
     connection with the conveyance under subsection (a) as the 
     Attorney General considers appropriate to protect the 
     interests of the United States.
       Sec. 141. (a) Short Title. This section may be cited as the 
     ``Lorton Technical Corrections Act of 1998''.
       (b) Transfer of Land to General Services Administration. 
     Section 11201 of the National Capital Revitalization and 
     Self-Government Improvement Act of 1997 (Public Law 105-33; 
     D.C. Code 24-1201) is amended--
       (1) by redesignating the second subsection (g) and 
     subsection (h) as subsections (h) and (i);
       (2) in subsection (g)(1)--
       (A) by inserting ``(A)'' before ``Notwithstanding'';
       (B) by striking ``Except as provided in paragraph (2)'' and 
     all that follows through ``Department of the Interior.''; and
       (C) by adding at the end the following new subparagraphs:
       ``(B) Contingent on the General Services Administration 
     (GSA) receiving the necessary appropriations to carry out the 
     requirements of this paragraph and subsection (g), and 
     notwithstanding the Federal Property and Administrative 
     Services Act of 1949 (40 U.S.C. 471 et seq.), not later than 
     60 days after the date of the enactment of the Lorton 
     Technical Corrections Act of 1998, any property on which the 
     Lorton Correctional Complex is located shall be transferred 
     to the GSA.
       ``(C) Not later than 1 year after the date of the enactment 
     of the Lorton Technical Corrections Act of 1998, Fairfax 
     County shall submit a reuse plan that complies with all 
     requisite approvals to the Administrator of General Services, 
     that aims to maximize use of the land for open space, park 
     land, or recreation, while delineating permissible or 
     required uses, potential development densities, and any time 
     limits on such development factors of the property on which 
     the Lorton Correctional Complex is located.
       ``(D) Not later than 180 days after the date of the 
     enactment of the Lorton Technical Corrections Act of 1998, 
     the Secretary of the Interior shall notify GSA of any 
     property it requests to be transferred to the Department of 
     the Interior for the purpose of a land exchange by the United 
     States Fish and Wildlife Service within the Commonwealth of 
     Virginia or such other purposes consistent with the reuse 
     plan developed by Fairfax County as the Secretary may 
     request. The Administrator of General Services shall approve 
     the Secretary's request to the extent that the request is 
     consistent with the reuse plan developed by Fairfax County 
     and does not result in a significant reduction in the 
     marketability or value of any remaining property. The 
     Administrator of General Services shall coordinate with the 
     Secretary of the Interior to resolve any conflicts presented 
     by the Department of the Interior's request and shall 
     transfer the property to the Department of the Interior at no 
     cost.
       ``(E) Any property not transferred to the Department of the 
     Interior under subparagraph (D) shall be disposed of 
     according to paragraphs (2) and (4).'';
       (3) in subsection (g)(2)(A)(ii) by striking ``Department of 
     Parks and Recreation'' each place it appears and inserting 
     ``Park Authority'';
       (4) in subsection (g) by adding at the end the following 
     new paragraphs:
       ``(4) Conditions on transfer of lorton property east of ox 
     road (state route 123).--
       ``(A) In general.--With respect to property east of Ox Road 
     (State Route 123) on which the Lorton Correctional Complex is 
     located, the Administrator of General Services shall--
       ``(i) cooperate with the District of Columbia Corrections 
     Trustee to determine property necessary for the Trustee 
     to maintain the security of the Lorton Correctional 
     Complex until its closure;
       ``(ii) prepare a report of title, complete a property 
     description, provide protection and maintenance, conduct an 
     environmental assessment of the property to determine the 
     extent of contamination, complete National Environmental 
     Policy Act of 1969 (42 U.S.C. 4331 et seq.) and National 
     Historic Preservation Act (16 U.S.C. 470 et seq.) processes 
     for closure and disposal of the property, and provide an 
     estimate of the cost for remediation and contingent on 
     receiving the necessary appropriations complete the 
     remediation in compliance with applicable Federal and State 
     environmental laws;
       ``(iii) develop a disposition strategy incorporating the 
     Fairfax County reuse plan and the

[[Page H11207]]

     Department of the Interior's land transfer request, and 
     resolve conflicts between the plan and the transfer request, 
     or between the reuse plan, the transfer request and the 
     results of the environmental studies;
       ``(iv) negotiate with any entity that has a lease, 
     agreement, memorandum of understanding, right-of-way, or 
     easement with the District of Columbia to occupy or utilize 
     any parcels of such property on the date of the enactment of 
     this title, to perfect or extend such lease, agreement, 
     memorandum of understanding, right-of-way, or easement;
       ``(v) transfer any property identified for use for open 
     space, park land, or recreation in the Fairfax County reuse 
     plan to the Northern Virginia Regional Park Authority, the 
     Fairfax County Park Authority, or another public entity, 
     subject to the condition that the recipient use the conveyed 
     property only for open space, park land, or recreation and 
     that the transfer be at fair market value considering the 
     highest and best use of the property to be open space, park 
     land, and recreation;
       ``(vi) not later than 60 days after the property is 
     transferred to the General Services Administration, transfer 
     at fair market value the six-acre parcel east of Shirley 
     Highway on Interstate 95 to Amtrak, subject to such terms and 
     conditions as the Administrator determines to be in the best 
     interest of the United States;
       ``(vii) dispose of any parcels not reserved by the 
     Department of the Interior and not otherwise addressed under 
     this subparagraph at fair market value, subject to such terms 
     and conditions as the Administrator determines to be in the 
     best interest of the United States;
       ``(viii) deposit any proceeds from the sale of property on 
     which the Lorton Correctional Complex is located into a 
     special fund established in the treasury for purposes of 
     covering real property utilization and disposal related 
     expenses, including environmental compliance and remediation 
     for the Lorton Correctional Complex until all property has 
     been conveyed; and
       ``(ix) deposit any remaining funds in the Policy and 
     Operations appropriation account of the General Services 
     Administration to be used for real property utilization and 
     disposal activities until expended.
       ``(B) Report.--Not later than 90 days after the date of the 
     receipt of the Fairfax County reuse plan and the Department 
     of the Interior property transfer request by the 
     Administrator of General Services, the Administrator shall 
     report to the Committees on Appropriations and Government 
     Reform and Oversight of the House of Representatives, and the 
     Committees on Appropriations and Governmental Affairs of the 
     Senate on plans to comply with the terms of this paragraph 
     and any estimated costs associated with such compliance.
       ``(C) Authorization.--There is authorized to be 
     appropriated such sums as are necessary from the general 
     funds of the Treasury, to remain available until expended, to 
     the Policy and Operations appropriation account of the 
     General Services Administration for the real property 
     utilization and disposal activities in carrying out the 
     provisions of this title.
       ``(5) Jurisdiction.--Any property disposed of according to 
     paragraphs (2) and (4) shall be under the jurisdiction of the 
     Commonwealth of Virginia. Any development of such property 
     and any property transferred to the Department of the 
     Interior for exchange purposes shall comply with any 
     applicable planning and zoning requirements of Fairfax County 
     and the Fairfax County reuse plan.''.
       Sec. 142. Olympic and Amateur Sports. (a) Short Title.--
     This section may be cited as the ``Olympic and Amateur Sports 
     Act Amendments of 1998''.
       (b) Amendment of Title 36, United States Code; Title of 
     Chapter.--
       (1) Except as otherwise expressly provided, whenever in 
     this section an amendment or repeal is expressed in terms of 
     an amendment to, or repeal of, a section or other provision, 
     the reference shall be considered to be made to a section or 
     other provision of title 36, United States Code.
       (2) Section 220501 is amended--
       (A) by striking ``Definitions'' in the heading and 
     inserting ``Title and Definitions'';
       (B) by inserting after the heading the following:
       ``(a) Title.--This chapter may be cited as the `Ted Stevens 
     Olympic and Amateur Sports Act'.''; and
       (C) by inserting ``(b) Definitions.--'' immediately before 
     ``For the purposes of''.
       (c) Definitions.--Section 220501 is amended by--
       (1) inserting ``or paralympic sports organization'' after 
     ``national governing body'' in paragraph (1);
       (2) redesignating paragraph (7) as paragraph (8); and
       (3) inserting after paragraph (6) the following:
       ``(7) `paralympic sports organization' means an amateur 
     sports organization which is recognized by the corporation 
     under section 220521 of this title.''.
       (d) Purposes.--Section 220503 is amended by--
       (1) striking ``Olympic Games'' each place it appears in 
     paragraphs (3) and (4) and inserting ``Olympic Games, the 
     Paralympic Games,''; and
       (2) striking paragraph (13) and inserting the following:
       ``(13) to encourage and provide assistance to amateur 
     athletic programs and competition for amateur athletes with 
     disabilities, including, where feasible, the expansion of 
     opportunities for meaningful participation by such amateur 
     athletes in programs of athletic competition for able-bodied 
     amateur athletes; and''.
       (e) Membership.--Section 220504(b) is amended by--
       (1) striking paragraphs (1) and (2) and inserting the 
     following:
       ``(1) amateur sports organizations recognized as national 
     governing bodies and paralympic sports organizations in 
     accordance with section 220521 of this title, including 
     through provisions which establish and maintain a National 
     Governing Bodies' Council composed of representatives of the 
     national governing bodies and any paralympic sports 
     organizations and selected by their boards of directors or 
     such other governing boards to ensure effective communication 
     between the corporation and such national governing bodies 
     and paralympic sports organizations;
       ``(2) amateur athletes who are actively engaged in amateur 
     athletic competition or who have represented the United 
     States in international amateur athletic competition within 
     the preceding 10 years, including through provisions which--
       ``(A) establish and maintain an Athletes' Advisory Council 
     composed of, and elected by, such amateur athletes to ensure 
     communication between the corporation and such amateur 
     athletes; and
       ``(B) ensure that the membership and voting power held by 
     such amateur athletes is not less than 20 percent of the 
     membership and voting power held in the board of directors of 
     the corporation and in the committees and entities of the 
     corporation;''; and
       (2) inserting a comma and ``the Paralympic Games,'' after 
     ``Olympic Games'' in paragraph (3).
       (f) Powers.--
       (1) General corporate powers.--Section 220505(b)(9) is 
     amended by striking ``sued; and'' and inserting ``sued, 
     except that any civil action brought in a State court against 
     the corporation and solely relating to the corporation's 
     responsibilities under this Act shall be removed, at the 
     request of the corporation, to the district court of the 
     United States in the district in which the action was 
     brought, and such district court shall have original 
     jurisdiction over the action without regard to the amount in 
     controversy or citizenship of the parties involved, and 
     except that neither this paragraph nor any other provision of 
     this chapter shall create a private right of action under 
     this chapter; and''.
       (2) Powers related to amateur athletics and the olympic 
     games.--Section 220505(c) is amended by--
       (A) striking ``Organization;'' in paragraph (2) and 
     inserting ``Organization and as its national Paralympic 
     committee in relations with the International Paralympic 
     Committee;'';
       (B) striking ``Games and of'' in paragraph (3) and 
     inserting ``Games, the Paralympic Games, and'';
       (C) striking ``Games;'' in paragraph (4) and inserting 
     ``Games, or as paralympic sports organizations for any sport 
     that is included on the program of the Paralympic Games;''; 
     and
       (D) striking ``Games,'' in paragraph (5) and inserting 
     ``Games, the Paralympic Games, the Pan-American Games, world 
     championship competition,''.
       (g) Use of Olympic, Paralympic, and Pan-American Symbols.--
     Section 220506 is amended by--
       (1) striking ``rings;'' in subsection (a)(2) and inserting 
     ``rings, the symbol of the International Paralympic 
     Committee, consisting of 3 TaiGeuks, or the symbol of the 
     Pan-American Sports Organization, consisting of a torch 
     surrounded by concentric rings;'';
       (2) inserting `` `Paralympic', `Paralympiad', `Pan-
     American', `America Espirito Sport Fraternite','' before ``or 
     any combination'' in subsection (a)(4);
       (3) inserting a comma and ``International Paralympic 
     Committee, the Pan-American Sports Organization,'' after 
     ``International Olympic Committee'' in subsection (b);
       (4) inserting ``the Paralympic team,'' before ``the Pan-
     American team'' in subsection (b);
       (5) inserting a comma and ``Paralympic, or Pan-American 
     Games'' after ``any Olympic'' in subsection (c)(3);
       (6) inserting a comma and ``the International Paralympic 
     Committee, the Pan-American Sports Organization,'' after 
     ``International Olympic Committee'' in subsection (c)(4);
       (7) inserting ``AND GEOGRAPHIC REFERENCE'' after ``PRE-
     EXISTING'' in subsection (d); and
       (8) adding at the end of subsection (d) the following:
       ``(3) Use of the word `Olympic' to identify a business or 
     goods or services is permitted by this section where--
       ``(A) such use is not combined with any of the intellectual 
     properties referenced in subsections (a) or (c) of this 
     section;
       ``(B) it is evident from the circumstances that such use of 
     the word `Olympic' refers to the naturally occurring 
     mountains or geographical region of the same name that were 
     named prior to February 6, 1998, and not to the corporation 
     or any Olympic activity; and
       ``(C) such business, goods, or services are operated, sold, 
     and marketed in the State of Washington west of the Cascade 
     Mountain range and operations, sales, and marketing outside 
     of this area are not substantial.''.
       (h) Resolution of Disputes.--Section 220509 is amended by--
       (1) inserting ``(a) General.--'' before ``The 
     corporation'';
       (2) inserting ``the Paralympic Games,'' before ``the Pan-
     American Games'';
       (3) inserting after ``the corporation.'' the following: 
     ``In any lawsuit relating to the resolution of a dispute 
     involving the opportunity of an amateur athlete to 
     participate in the Olympic Games, the Paralympic Games, or 
     the Pan-American Games, a court shall not grant injunctive 
     relief against the corporation within 21 days before the 
     beginning of such games if the corporation, after 
     consultation with the chair of the Athletes' Advisory 
     Council, has provided a

[[Page H11208]]

     sworn statement in writing executed by an officer of the 
     corporation to such court that its constitution and bylaws 
     cannot provide for the resolution of such dispute prior to 
     the beginning of such games.''; and
       (4) adding at the end thereof the following:
       ``(b) Ombudsman.--
       ``(1) The corporation shall hire and provide salary, 
     benefits, and administrative expenses for an ombudsman for 
     athletes, who shall--
       ``(A) provide independent advice to athletes at no cost 
     about the applicable provisions of this chapter and the 
     constitution and bylaws of the corporation, national 
     governing bodies, a paralympic sports organizations, 
     international sports federations, the International Olympic 
     Committee, the International Paralympic Committee, and the 
     Pan-American Sports Organization, and with respect to the 
     resolution of any dispute involving the opportunity of an 
     amateur athlete to participate in the Olympic Games, the 
     Paralympic Games, the Pan-American Games, world championship 
     competition or other protected competition as defined in the 
     constitution and bylaws of the corporation;
       ``(B) assist in mediating any such disputes; and
       ``(C) report to the Athletes' Advisory Council on a regular 
     basis.
       ``(2)(A) The procedure for hiring the ombudsman for 
     athletes shall be as follows:
       ``(i) The Athletes' Advisory Council shall provide the 
     corporation's executive director with the name of one 
     qualified person to serve as ombudsman for athletes.
       ``(ii) The corporation's executive director shall 
     immediately transmit the name of such person to the 
     corporation's executive committee.
       ``(iii) The corporation's executive committee shall hire or 
     not hire such person after fully considering the advice and 
     counsel of the Athletes' Advisory Council.

     ``If there is a vacancy in the position of the ombudsman for 
     athletes, the nomination and hiring procedure set forth in 
     this paragraph shall be followed in a timely manner.
       ``(B) The corporation may terminate the employment of an 
     individual serving as ombudsman for athletes only if--
       ``(i) the termination is carried out in accordance with the 
     applicable policies and procedures of the corporation;
       ``(ii) the termination is initially recommended to the 
     corporation's executive committee by either the corporation's 
     executive director or by the Athletes' Advisory Council; and
       ``(iii) the corporation's executive committee fully 
     considers the advice and counsel of the Athletes' Advisory 
     Council prior to deciding whether or not to terminate the 
     employment of such individual.''.
       (i) Agent for Service of Process.--The text of section 
     220510 is amended to read as follows: ``As a condition to the 
     exercise of any power or privilege granted by this chapter, 
     the corporation shall have a designated agent in the State of 
     Colorado to receive service of process for the corporation. 
     Notice to or service on the agent, or mailed to the business 
     address of the agent, is notice to or service on the 
     corporation.''.
       (j) Report.--
       (1) Section 220511(a) is amended to read as follows:
       ``(a) Submission to President and Congress.--The 
     corporation shall, on or before the first day of June, 2001, 
     and every fourth year thereafter, transmit simultaneously to 
     the President and to each House of Congress a detailed report 
     of its operations for the preceding 4 years, including--
       ``(1) a complete statement of its receipts and 
     expenditures;
       ``(2) a comprehensive description of the activities and 
     accomplishments of the corporation during such 4-year period;
       ``(3) data concerning the participation of women, disabled 
     individuals, and racial and ethnic minorities in the amateur 
     athletic activities and administration of the corporation and 
     national governing bodies; and
       ``(4) a description of the steps taken to encourage the 
     participation of women, disabled individuals, and racial 
     minorities in amateur athletic activities.''.
       (2) The chapter analysis for chapter 2205 is amended by 
     striking the item relating to section 220511 and inserting 
     the following:

``220511. Report.''.
       (k) Complete Teams.--
       (1) General.--Subchapter I of chapter 2205 is amended by 
     adding at the end thereof the following:

     ``Sec.  220512. COMPLETE TEAMS

       ``In obtaining representation for the United States in each 
     competition and event of the Olympic Games, Paralympic Games, 
     and Pan-American Games, the corporation, either directly or 
     by delegation to the appropriate national governing body or 
     paralympic sports organization, may select, but is not 
     obligated to select (even if not selecting will result in an 
     incomplete team for an event), athletes who have not met the 
     eligibility standard of the national governing body and the 
     Corporation, when the number of athletes who have met the 
     eligibility standards of such entities is insufficient to 
     fill the roster for an event.''.
       (2) The chapter analysis for chapter 2205 is amended by 
     inserting after the item relating to section 220511 the 
     following:

``220512. Complete teams.''.
       (l) Recognition of Amateur Sports Organizations.--Section 
     220521 is amended by--
       (1) striking the first sentence of subsection (a) and 
     inserting the following: ``For any sport which is included on 
     the program of the Olympic Games, the Paralympic Games, or 
     the Pan-American Games, the corporation is authorized to 
     recognize as a national governing body (in the case of a 
     sport on the program of the Olympic Games or Pan-American 
     Games) or as a paralympic sports organization (in the case of 
     a sport on the program of the Paralympic Games for which a 
     national governing body has not been designated under section 
     220522(b)) an amateur sports organization which files an 
     application and is eligible for such recognition in 
     accordance with the provisions of subsections (a) or (b) of 
     section 220522.'';
       (2) striking ``approved.'' in subsection (a) and inserting 
     ``approved, except as provided in section 220522(b) with 
     respect to a paralympic sports organization.'';
       (3) striking ``hold a public hearing'' in subsection (b) 
     and inserting ``hold at least 2 public hearings'';
       (4) striking ``hearing.'' each place it appears in 
     subsection (b) and inserting ``hearings.''; and
       (5) adding at the end of subsection (b) the following: 
     ``The corporation shall send written notice, which shall 
     include a copy of the application, at least 30 days prior to 
     the date of any such public hearing to all amateur sports 
     organizations known to the corporation in that sport.''.
       (m) Eligibility Requirements.--Section 220522 is amended 
     by--
       (1) inserting ``(a) General.--'' before ``An amateur'';
       (2) striking paragraph (4) and inserting the following:
       ``(4) agrees to submit to binding arbitration in any 
     controversy involving--
       ``(A) its recognition as a national governing body, as 
     provided for in section 220529 of this title, upon demand of 
     the corporation; and
       ``(B) the opportunity of any amateur athlete, coach, 
     trainer, manager, administrator or official to participate in 
     amateur athletic competition, upon demand of the corporation 
     or any aggrieved amateur athlete, coach, trainer, manager, 
     administrator or official, conducted in accordance with the 
     Commercial Rules of the American Arbitration Association, as 
     modified and provided for in the corporation's constitution 
     and bylaws, except that if the Athletes' Advisory Council and 
     National Governing Bodies' Council do not concur on any 
     modifications to such Rules, and if the corporation's 
     executive committee is not able to facilitate such 
     concurrence, the Commercial Rules of Arbitration shall apply 
     unless at least two-thirds of the corporation's board of 
     directors approves modifications to such Rules;'';
       (3) striking paragraph (10) and inserting the following:
       ``(10) demonstrates, based on guidelines approved by the 
     corporation, the Athletes' Advisory Council, and the National 
     Governing Bodies' Council, that its board of directors and 
     other such governing boards have established criteria and 
     election procedures for and maintain among their voting 
     members individuals who are actively engaged in amateur 
     athletic competition in the sport for which recognition is 
     sought or who have represented the United States in 
     international amateur athletic competition within the 
     preceding 10 years, that any exceptions to such guidelines by 
     such organization have been approved by the corporation, and 
     that the voting power held by such individuals is not less 
     than 20 percent of the voting power held in its board of 
     directors and other such governing boards;'';
       (4) inserting ``or to participation in the Olympic Games, 
     the Paralympic Games, or the Pan-American Games'' after 
     ``amateur status'' in paragraph (14); and
       (5) adding at the end thereof the following:
       ``(b) Recognition of Paralympic Sports Organizations.--For 
     any sport which is included on the program of the Paralympic 
     Games, the corporation is authorized to designate, where 
     feasible and when such designation would serve the best 
     interest of the sport, and with the approval of the affected 
     national governing body, a national governing body recognized 
     under subsection (a) to govern such sport. Where such 
     designation is not feasible or would not serve the best 
     interest of the sport, the corporation is authorized to 
     recognize another amateur sports organization as a paralympic 
     sports organization to govern such sport, except that, 
     notwithstanding the other requirements of this chapter, any 
     such paralympic sports organization--
       ``(1) shall comply only with those requirements, perform 
     those duties, and have those powers that the corporation, in 
     its sole discretion, determines are appropriate to meet the 
     objects and purposes of this chapter; and
       ``(2) may, with the approval of the corporation, govern 
     more than one sport included on the program of the Paralympic 
     Games.''.
       (n) Authority of National Governing Bodies.--Section 220523 
     is amended by--
       (1) striking ``Games and'' in paragraph (6) and inserting 
     ``Games, the Paralympic Games, and''; and
       (2) striking ``Games and'' in paragraph (7) and inserting 
     ``Games, the Paralympic Games, and''.
       (o) Duties of National Governing Bodies.--Section 220524 is 
     amended by--
       (1) redesignating paragraphs (4) through (8) as paragraphs 
     (5) through (9); and
       (2) inserting after paragraph (3) the following:
       ``(4) disseminate and distribute to amateur athletes, 
     coaches, trainers, managers, administrators, and officials in 
     a timely manner the applicable rules and any changes to such 
     rules of the national governing body, the corporation, the 
     appropriate international sports federation, the 
     International Olympic Committee, the International Paralympic 
     Committee, and the Pan-American Sports Organization;''.
       (p) Replacement of National Governing Body.--Section 220528 
     is amended by--
       (1) striking ``Olympic Games or both'' in subsection 
     (c)(1)(A) and inserting ``Olympic Games or the Paralympic 
     Games, or in both'';
       (2) striking ``registered'' in subsection (c)(2) and 
     inserting ``certified'';

[[Page H11209]]

       (3) striking ``body.'' in subsection (c)(2) and inserting 
     ``body and with any other organization that has filed an 
     application.'';
       (4) inserting ``open to the public'' in subsection (d) 
     after ``formal hearing'' in the first sentence;
       (5) inserting after the second sentence in subsection (d) 
     the following: ``The corporation also shall send written 
     notice, including a copy of the application, at least 30 days 
     prior to the date of the hearing to all amateur sports 
     organizations known to the corporation in that sport.''; and
       (6) striking ``title.'' in subsection (f)(4) and inserting 
     ``title and notify such national governing body of such 
     probation and of the actions needed to comply with such 
     requirements.''.
       (q) Special Report to Congress.--Five years from the date 
     of the enactment of this Act, the United States Olympic 
     Committee shall submit a special report to the Congress on 
     the effectiveness of the provisions of chapter 2205 of title 
     36, United States Code, as amended by this Act, together with 
     any additional proposed changes to that chapter the United 
     States Olympic Committee determines are appropriate.
       Sec. 143. Section 8106(a) of the Department of Defense 
     Appropriations Act, 1997 (titles I through VIII of the matter 
     under section 101(b) of Public Law 104-208; 110 Stat. 3009-
     111; 10 U.S.C. 113 note), is amended by striking 
     ``$3,000,000'' and inserting ``$1,000,000''.
       Sec. 144. Section 8120 of the Department of Defense 
     Appropriations Act, 1999, is amended by striking out ``owned, 
     or partially owned by'' and inserting in lieu thereof ``if 
     the Secretary of Defense determines that'', and is further 
     amended by inserting before the period ``owns more than a 
     fifty per centum interest in the company''.
       Sec. 145. Modification of Land Conveyance Authority, Armed 
     Forces Retirement Home. (a) Postponement of Sale.--Subsection 
     (a) of section 1053 of the National Defense Authorization Act 
     for Fiscal Year 1997 (Public Law 104-201), as amended by 
     section 1043 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999, is further amended--
       (1) by inserting ``(1)'' before ``Notwithstanding''; and
       (2) by adding at the end the following:
       ``(2) The sale under paragraph (1) may not occur before 
     April 30, 1999.''.
       (b) Deposit of Proceeds of Sale.--Subsection (b) of such 
     section 1053, as so amended, is further amended by adding at 
     the end the following:
       ``(3) The payment received under paragraph (2) shall be 
     deposited in the Armed Forces Retirement Home Trust Fund in 
     accordance with section 1519(a)(2) of the National Defense 
     Authorization Act for Fiscal Year 1991 (104 Stat. 1730; 24 
     U.S.C. 419(a)(2)).''.
       Sec. 146. Certification of Exports of Missile Equipment or 
     Technology to China. (a) Certification.--Section 1512 of the 
     Strom Thurmond National Defense Authorization Act for Fiscal 
     Year 1999 is amended--
       (1) by striking ``The'' and inserting ``(a) 
     Certification.--The''; and
       (2) by adding at the end the following:
       ``(b) Exception.--The certification requirement contained 
     in subsection (a) shall not apply to the export of inertial 
     reference units and components in manned civilian aircraft or 
     supplied as spare or replacement parts for such aircraft.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the later of--
       (1) the enactment of this Act; or
       (2) the enactment of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999.
       Sec. 147. The Secretary of the Navy, in consultation with 
     the Commandant of the Marine Corps, shall assess the 
     requirement for Marine Corps warfighting and attrition 
     reserve F/A-18 aircraft and monitor the viability of the 
     existing F/A-18 production line to meet these requirements: 
     Provided, That, pursuant to section 8005 of the Department of 
     Defense Appropriations Act, 1999, the Secretary of the Navy 
     may transfer funds sufficient to ensure that the F/A-18 
     production capability remains available to meet Marine Corps 
     F/A-18 warfighting and attrition reserve aircraft 
     requirements through additional aircraft production.
       Sec. 148. Section 8135 of the Department of Defense 
     Appropriations Act, 1992 (Public Law 102-172; 105 Stat. 1212; 
     37 U.S.C. 301b note), is amended--
       (1) in subsection (a), by inserting before the period at 
     the end the following: ``or as a supplemental payment if the 
     officer's final military pay account is already settled''; 
     and
       (2) in subsection (b)--
       (A) by inserting ``applies'' after ``subsection (a)'';
       (B) by striking ``January 17, 1991'' and inserting ``August 
     2, 1990'';
       (C) by inserting ``(regardless of the date of the 
     commencement of combatant activities in such zone as 
     specified in that Executive Order)'' after ``as a combat 
     zone''; and
       (D) by striking ``section 302b'' and inserting ``section 
     301b''.
       Sec. 149. (a) Chapter 12 of title 11 of the United States 
     Code, as in effect on September 30, 1998, is hereby reenacted 
     for the period beginning on October 1, 1998, and ending on 
     April 1, 1999.
       (b) All cases commenced or pending under chapter 12 of 
     title 11, United States Code, as reenacted under subsection 
     (a), and all matters and proceedings in or relating to such 
     cases, shall be conducted and determined under such chapter 
     as if such chapter were continued in effect after April 1, 
     1999. The substantive rights of parties in connection with 
     such cases, matters, and proceedings shall continue to be 
     governed under the law applicable to such cases, matters, and 
     proceedings as if such chapter were continued in effect after 
     April 1, 1999.
       (c) This section shall take effect on October 1, 1998.

     SEC. 150.

       (a) Extension of Agreement for State of Mississippi.--The 
     Secretary of the Interior shall offer to reinstate the 
     Memorandum of Agreement between the Mississippi Department of 
     Wildlife Conservation and the United States Fish and Wildlife 
     Service concerning the framework closing dates for the 1979-
     1980 through 1981-1982 duck hunting seasons, executed in 
     November 1979, for the 1998-1999 duck hunting season in the 
     State of Mississippi, except that--
       (1) the duck hunting season shall end on January 31, 1999; 
     and
       (2) the total number of days for the duck hunting season in 
     the State of Mississippi shall not exceed 51 days.
       (b) Extension of Agreement to Other States.--At the request 
     of any other State represented on the Lower-Region 
     Regulations Committee of the Mississippi Flyway Council, the 
     Secretary of the Interior shall extend the agreement 
     described in subsection (a) to that State for the 1998-1999 
     duck hunting season if the State agrees to reduce the total 
     number of days of the duck hunting season in the State to the 
     extent necessary to result in no net increase in the duck 
     harvest in the State for that season.

     SEC. 151. FEDERAL VACANCIES AND APPOINTMENTS.

       (a) Short Title.--This section may be cited as the 
     ``Federal Vacancies Reform Act of 1998''.
       (b) In General.--Chapter 33 of title 5, United States Code, 
     is amended by striking sections 3345 through 3349 and 
     inserting the following:

     ``Sec. 3345. Acting officer

       ``(a) If an officer of an Executive agency (including the 
     Executive Office of the President, and other than the General 
     Accounting Office) whose appointment to office is required to 
     be made by the President, by and with the advice and consent 
     of the Senate, dies, resigns, or is otherwise unable to 
     perform the functions and duties of the office--
       ``(1) the first assistant to the office of such officer 
     shall perform the functions and duties of the office 
     temporarily in an acting capacity subject to the time 
     limitations of section 3346;
       ``(2) notwithstanding paragraph (1), the President (and 
     only the President) may direct a person who serves in an 
     office for which appointment is required to be made by the 
     President, by and with the advice and consent of the Senate, 
     to perform the functions and duties of the vacant office 
     temporarily in an acting capacity subject to the time 
     limitations of section 3346; or
       ``(3) notwithstanding paragraph (1), the President (and 
     only the President) may direct an officer or employee of such 
     Executive agency to perform the functions and duties of the 
     vacant office temporarily in an acting capacity, subject to 
     the time limitations of section 3346, if--
       ``(A) during the 365-day period preceding the date of 
     death, resignation, or beginning of inability to serve of the 
     applicable officer, the officer or employee served in a 
     position in such agency for not less than 90 days; and
       ``(B) the rate of pay for the position described under 
     subparagraph (A) is equal to or greater than the minimum rate 
     of pay payable for a position at GS-15 of the General 
     Schedule.
       ``(b)(1) Notwithstanding subsection (a)(1), a person may 
     not serve as an acting officer for an office under this 
     section, if--
       ``(A) during the 365-day period preceding the date of the 
     death, resignation, or beginning of inability to serve, such 
     person--
       ``(i) did not serve in the position of first assistant to 
     the office of such officer; or
       ``(ii) served in the position of first assistant to the 
     office of such officer for less than 90 days; and
       ``(B) the President submits a nomination of such person to 
     the Senate for appointment to such office.
       ``(2) Paragraph (1) shall not apply to any person if--
       ``(A) such person is serving as the first assistant to the 
     office of an officer described under subsection (a);
       ``(B) the office of such first assistant is an office for 
     which appointment is required to be made by the President, by 
     and with the advice and consent of the Senate; and
       ``(C) the Senate has approved the appointment of such 
     person to such office.
       ``(c)(1) Notwithstanding subsection (a)(1), the President 
     (and only the President) may direct an officer who is 
     nominated by the President for reappointment for an 
     additional term to the same office in an Executive department 
     without a break in service, to continue to serve in that 
     office subject to the time limitations in section 3346, until 
     such time as the Senate has acted to confirm or reject the 
     nomination, notwithstanding adjournment sine die.
       ``(2) For purposes of this section and sections 3346, 3347, 
     3348, 3349, 3349a, and 3349d, the expiration of a term of 
     office is an inability to perform the functions and duties of 
     such office.

     ``Sec. 3346. Time limitation

       ``(a) Except in the case of a vacancy caused by sickness, 
     the person serving as an acting officer as described under 
     section 3345 may serve in the office--
       ``(1) for no longer than 210 days beginning on the date the 
     vacancy occurs; or
       ``(2) subject to subsection (b), once a first or second 
     nomination for the office is submitted to the Senate, from 
     the date of such nomination for the period that the 
     nomination is pending in the Senate.
       ``(b)(1) If the first nomination for the office is rejected 
     by the Senate, withdrawn, or returned to the President by the 
     Senate, the person may continue to serve as the acting 
     officer for no more than 210 days after the date of such 
     rejection, withdrawal, or return.

[[Page H11210]]

       ``(2) Notwithstanding paragraph (1), if a second nomination 
     for the office is submitted to the Senate after the 
     rejection, withdrawal, or return of the first nomination, the 
     person serving as the acting officer may continue to serve--
       ``(A) until the second nomination is confirmed; or
       ``(B) for no more than 210 days after the second nomination 
     is rejected, withdrawn, or returned.
       ``(c) If a vacancy occurs during an adjournment of the 
     Congress sine die, the 210-day period under subsection (a) 
     shall begin on the date that the Senate first reconvenes.

     ``Sec. 3347. Exclusivity

       ``(a) Sections 3345 and 3346 are the exclusive means for 
     temporarily authorizing an acting official to perform the 
     functions and duties of any office of an Executive agency 
     (including the Executive Office of the President, and other 
     than the General Accounting Office) for which appointment is 
     required to be made by the President, by and with the advice 
     and consent of the Senate, unless--
       ``(1) a statutory provision expressly--
       ``(A) authorizes the President, a court, or the head of an 
     Executive department, to designate an officer or employee to 
     perform the functions and duties of a specified office 
     temporarily in an acting capacity; or
       ``(B) designates an officer or employee to perform the 
     functions and duties of a specified office temporarily in an 
     acting capacity; or
       ``(2) the President makes an appointment to fill a vacancy 
     in such office during the recess of the Senate pursuant to 
     clause 3 of section 2 of article II of the United States 
     Constitution.
       ``(b) Any statutory provision providing general authority 
     to the head of an Executive agency (including the Executive 
     Office of the President, and other than the General 
     Accounting Office) to delegate duties statutorily vested in 
     that agency head to, or to reassign duties among, officers or 
     employees of such Executive agency, is not a statutory 
     provision to which subsection (a)(2) applies.

     ``Sec. 3348. Vacant office

       ``(a) In this section--
       ``(1) the term `action' includes any agency action as 
     defined under section 551(13); and
       ``(2) the term `function or duty' means any function or 
     duty of the applicable office that--
       ``(A)(i) is established by statute; and
       ``(ii) is required by statute to be performed by the 
     applicable officer (and only that officer); or
       ``(B)(i)(I) is established by regulation; and
       ``(II) is required by such regulation to be performed by 
     the applicable officer (and only that officer); and
       ``(ii) includes a function or duty to which clause (i) (I) 
     and (II) applies, and the applicable regulation is in effect 
     at any time during the 180-day period preceding the date on 
     which the vacancy occurs.
       ``(b) Unless an officer or employee is performing the 
     functions and duties in accordance with sections 3345, 3346, 
     and 3347, if an officer of an Executive agency (including the 
     Executive Office of the President, and other than the General 
     Accounting Office) whose appointment to office is required to 
     be made by the President, by and with the advice and consent 
     of the Senate, dies, resigns, or is otherwise unable to 
     perform the functions and duties of the office--
       ``(1) the office shall remain vacant; and
       ``(2) in the case of an office other than the office of the 
     head of an Executive agency (including the Executive Office 
     of the President, and other than the General Accounting 
     Office), only the head of such Executive agency may perform 
     any function or duty of such office.
       ``(c) If the last day of any 210-day period under section 
     3346 is a day on which the Senate is not in session, the 
     second day the Senate is next in session and 
     receiving nominations shall be deemed to be the last day 
     of such period.
       ``(d)(1) An action taken by any person who is not acting 
     under section 3345, 3346, or 3347, or as provided by 
     subsection (b), in the performance of any function or duty of 
     a vacant office to which this section and sections 3346, 
     3347, 3349, 3349a, 3349b, and 3349c apply shall have no force 
     or effect.
       ``(2) An action that has no force or effect under paragraph 
     (1) may not be ratified.
       ``(e) This section shall not apply to--
       ``(1) the General Counsel of the National Labor Relations 
     Board;
       ``(2) the General Counsel of the Federal Labor Relations 
     Authority;
       ``(3) any Inspector General appointed by the President, by 
     and with the advice and consent of the Senate;
       ``(4) any Chief Financial Officer appointed by the 
     President, by and with the advice and consent of the Senate; 
     or
       ``(5) an office of an Executive agency (including the 
     Executive Office of the President, and other than the General 
     Accounting Office) if a statutory provision expressly 
     prohibits the head of the Executive agency from performing 
     the functions and duties of such office.

     ``Sec. 3349. Reporting of vacancies

       ``(a) The head of each Executive agency (including the 
     Executive Office of the President, and other than the General 
     Accounting Office) shall submit to the Comptroller General of 
     the United States and to each House of Congress--
       ``(1) notification of a vacancy in an office to which this 
     section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 
     3349c, and 3349d apply and the date such vacancy occurred 
     immediately upon the occurrence of the vacancy;
       ``(2) the name of any person serving in an acting capacity 
     and the date such service began immediately upon the 
     designation;
       ``(3) the name of any person nominated to the Senate to 
     fill the vacancy and the date such nomination is submitted 
     immediately upon the submission of the nomination; and
       ``(4) the date of a rejection, withdrawal, or return of any 
     nomination immediately upon such rejection, withdrawal, or 
     return.
       ``(b) If the Comptroller General of the United States makes 
     a determination that an officer is serving longer than the 
     210-day period including the applicable exceptions to such 
     period under section 3346 or section 3349a, the Comptroller 
     General shall report such determination immediately to--
       ``(1) the Committee on Governmental Affairs of the Senate;
       ``(2) the Committee on Government Reform and Oversight of 
     the House of Representatives;
       ``(3) the Committees on Appropriations of the Senate and 
     House of Reqresentatives;
       ``(4) the appropriate committees of jurisdiction of the 
     Senate and House of Representatives;
       ``(5) the President; and
       ``(6) the Office of Personnel Management.

     ``Sec. 3349a. Presidential inaugural transitions

       ``(a) In this section, the term `transitional inauguration 
     day' means the date on which any person swears or affirms the 
     oath of office as President, if such person is not the 
     President on the date preceding the date of swearing or 
     affirming such oath of office.
       ``(b) With respect to any vacancy that exists during the 
     60-day period beginning on a transitional inauguration day, 
     the 210-day period under section 3346 or 3348 shall be deemed 
     to begin on the later of the date occurring--
       ``(1) 90 days after such transitional inauguration day; or
       ``(2) 90 days after the date on which the vacancy occurs.

     ``Sec. 3349b. Holdover provisions

       ``Sections 3345 through 3349a shall not be construed to 
     affect any statute that authorizes a person to continue to 
     serve in any office--
       ``(1) after the expiration of the term for which such 
     person is appointed; and
       ``(2) until a successor is appointed or a specified period 
     of time has expired.

     ``Sec. 3349c. Exclusion of certain officers

       ``Sections 3345 through 3349b shall not apply to--
       ``(1) any member who is appointed by the President, by and 
     with the advice and consent of the Senate to any board, 
     commission, or similar entity that--
       ``(A) is composed of multiple members; and
       ``(B) governs an independent establishment or Government 
     corporation;
       ``(2) any commissioner of the Federal Energy Regulatory 
     Commission;
       ``(3) any member of the Surface Transportation Board; or
       ``(4) any judge appointed by the President, by and with the 
     advice and consent of the Senate, to a court constituted 
     under article I of the United States Constitution.

     ``Sec. 3349d. Notification of intent to nominate during 
       certain recesses or adjournments

       ``(a) The submission to the Senate, during a recess or 
     adjournment of the Senate in excess of 15 days, of a written 
     notification by the President of the President's intention to 
     submit a nomination after the recess or adjournment shall be 
     considered a nomination for purposes of sections 3345 through 
     3349c if such notification contains the name of the proposed 
     nominee and the office for which the person is nominated.
       ``(b) If the President does not submit a nomination of the 
     person named under subsection (a) within 2 days after the end 
     of such recess or adjournment, effective after such second 
     day the notification considered a nomination under subsection 
     (a) shall be treated as a withdrawn nomination for purposes 
     of sections 3345 through 3349c.''.
       (c) Technical and Conforming Amendment.--
       (1) Table of sections.--The table of sections for chapter 
     33 of title 5, United States Code, is amended by striking the 
     matter relating to subchapter III and inserting the 
     following:

         ``SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS

       ``3341. Details; within Executive or military departments.
       ``[3342. Repealed.]
       ``3343. Details; to international organizations.
       ``3344. Details; administrative law judges.
       ``3345. Acting officer.
       ``3346. Time limitation.
       ``3347. Exclusivity.
       ``3348. Vacant office.
       ``3349. Reporting of vacancies.
       ``3349a. Presidential inaugural transitions.
       ``3349b. Holdover provisions relating to certain 
           independent establishments.
       ``3349c. Exclusion of certain officers.
       ``3349d. Notification of intent to nominate during certain 
           recesses or adjournments.''.
       (2) Subchapter heading.--The subchapter heading for 
     subchapter III of chapter 33 of title 5, United States Code, 
     is amended to read as follows:

       ``SUBCHAPTER III--DETAILS, VACANCIES, AND APPOINTMENTS''.

       (d) Effective Date and Application.--
       (1) Effective date.--Subject to paragraph (2), this section 
     and the amendments made by this section shall take effect 30 
     days after the date of enactment of this section.
       (2) Application.--
       (A) In general.--This section shall apply to any office 
     that becomes vacant after the effective date of this section.
       (B) Immediate application of time limitation.--
     Notwithstanding subparagraph (A), for any office vacant on 
     the effective date of this section, the time limitations 
     under section 3346 of title 5, United States Code (as amended 
     by this section) shall apply to such office. Such time 
     limitations shall apply as though such office first became 
     vacant on the effective date of this section.
       (C) Certain nominations.--If the President submits to the 
     Senate the nomination of any

[[Page H11211]]

     person after the effective date of this section for an office 
     for which such person had been nominated before such date, 
     the next nomination of such person after such date shall be 
     considered a first nomination of such person to that office 
     for purposes of sections 3345 through 3349 and section 3349d 
     of title 5, United States Code (as amended by this section).
                          TITLE II--FISHERIES

                    Subtitle I--Fishery Endorsements

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``American Fisheries Act''.

     SEC. 202. STANDARD FOR FISHERY ENDORSEMENTS.

       (a) Standard.--Section 12102(c) of title 46, United States 
     Code, is amended to read as follows--
       ``(c)(1) A vessel owned by a corporation, partnership, 
     association, trust, joint venture, limited liability company, 
     limited liability partnership, or any other entity is not 
     eligible for a fishery endorsement under section 12108 of 
     this title unless at least 75 per centum of the interest in 
     such entity, at each tier of ownership of such entity and in 
     the aggregate, is owned and controlled by citizens of the 
     United States.
       ``(2) The Secretary shall apply section 2(c) of the 
     Shipping Act, 1916 (46 App. U.S.C. 802(c)) in determining 
     under this subsection whether at least 75 per centum of the 
     interest in a corporation, partnership, association, trust, 
     joint venture, limited liability company, limited liability 
     partnership, or any other entity is owned and controlled by 
     citizens of the United States. For the purposes of this 
     subsection and of applying the restrictions on controlling 
     interest in section 2(c) of such Act, the terms `control' or 
     `controlled'--
       ``(A) shall include--
       ``(i) the right to direct the business of the entity which 
     owns the vessel;
       ``(ii) the right to limit the actions of or replace the 
     chief executive officer, a majority of the board of 
     directors, any general partner, or any person serving in a 
     management capacity of the entity which owns the vessel; or
       ``(iii) the right to direct the transfer, operation or 
     manning of a vessel with a fishery endorsement; and
       ``(B) shall not include the right to simply participate in 
     the activities under subparagraph (A), or the use by a 
     mortgagee under paragraph (4) of loan covenants approved by 
     the Secretary.
       ``(3) A fishery endorsement for a vessel that is chartered 
     or leased to an individual who is not a citizen of the United 
     States or to an entity that is not eligible to own a vessel 
     with a fishery endorsement and used as a fishing vessel shall 
     be invalid immediately upon such use.
       ``(4)(A) An individual or entity that is otherwise eligible 
     to own a vessel with a fishery endorsement shall be 
     ineligible by reason of an instrument or evidence of 
     indebtedness, secured by a mortgage of the vessel to a 
     trustee eligible to own a vessel with a fishery endorsement 
     that is issued, assigned, transferred or held in trust for a 
     person not eligible to own a vessel with a fishery 
     endorsement, unless the Secretary determines that the 
     issuance, assignment, transfer, or trust arrangement does not 
     result in an impermissible transfer of control of the vessel 
     and that the trustee--
       ``(i) is organized as a corporation, and is doing business, 
     under the laws of the United States or of a State;
       ``(ii) is authorized under those laws to exercise corporate 
     trust powers;
       ``(iii) is subject to supervision or examination by an 
     official of the United States Government or a State;
       ``(iv) has a combined capital and surplus (as stated in its 
     most recent published report of condition) of at least 
     $3,000,000; and
       ``(v) meets any other requirements prescribed by the 
     Secretary.
       ``(B) A vessel with a fishery endorsement may be operated 
     by a trusuee only with the approval of the Secretary.
       ``(C) A right under a mortgage of a vessel with a fishery 
     endorsement may be issued, assigned, or transferred to a 
     person not eligible to be a mortgagee of that vessel under 
     section 31322(a)(4) of this title only with the approval of 
     the Secretary.
       ``(D) The issuance, assignment, or transfer of an 
     instrument or evidence of indebtedness contrary to this 
     paragraph is voidable by the Secretary.
       ``(5) The requirements of this subsection shall not apply 
     to a vessel when it is engaged in fisheries in the exclusive 
     economic zone under the authority of the Western Pacific 
     Fishery Management Council established under section 
     302(a)(1)(H) of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse seine 
     vessel when it is engaged in tuna fishing in the Pacific 
     Ocean outside the exclusive economic zone of the United 
     States or pursuant to the South Pacific Regional Fisheries 
     Treaty, provided that the owner of the vessel continues to 
     comply with the eligibility requirements for a fishery 
     endorsement under the federal law that was in effect on 
     October 1, 1998. A fishery endorsement issued by the 
     Secretary pursuant to this paragraph shall be valid for 
     engaging only in fisheries in the exclusive economic zone 
     under the authority of such Council, in such tuna fishing in 
     the Pacific Ocean, or pursuant to such Treaty.
       ``(6) A vessel greater than 165 feet in registered length, 
     of more than 750 gross registered tons, or that has an engine 
     or engines capable of producing a total of more than 3,000 
     shaft horsepower is not eligible for a fishery endorsement 
     under section 12108 of this title unless--
       ``(A)(i) a certificate of documentation was issued for the 
     vessel and endorsed with a fishery endorsement that was 
     effective on September 25, 1997;
       ``(ii) the vessel is not placed under foreign registry 
     after the date of the enactment of the American Fisheries 
     Act; and
       ``(iii) in the event of the invalidation of the fishery 
     endorsement after the date of the enactment of the American 
     Fisheries Act, application is made for a new fishery 
     endorsement within fifteen (15) business days of such 
     invalidation; or
       ``(B) the owner of such vessel demonstrates to the 
     Secretary that the regional fishery management council of 
     jurisdiction established under section 302(a)(1) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1852(a)(1)) has recommended after the date of the 
     enactment of the American Fisheries Act, and the Secretary of 
     Commerce has approved, conservation and management measures 
     in accordance with such Act to allow such vessel to be used 
     in fisheries under such council's authority.''.
       (b) Preferred Mortgage.--Section 31322(a) of title 46, 
     United States Code is amended--
       (1) by striking ``and'' at the end of paragraph (2);
       (2) by striking the period at the end of paragraph (3)(B) 
     and inserting in lieu thereof a semicolon and ``and''; and
       (3) by inserting at the end the following new paragraph:
       ``(4) with respect to a vessel with a fishery endorsement 
     that is 100 feet or greater in registered length, has as the 
     mortgagee--
       ``(A) a person eligible to own a vessel with a fishery 
     endorsement under section 12102(c) of this title;
       ``(B) a state or federally chartered financial institution 
     that satisfies the controlling interest criteria of section 
     2(b) of the Shipping Act, 1916 (46 U.S.C. 802(b)); or
       ``(C) a person that complies with the provisions of section 
     12102(c)(4) of this title.''.

     SEC. 203. ENFORCEMENT OF STANDARD.

       (a) Effective Date.--The amendments made by section 202 
     shall take effect on October 1, 2001.
       (b) Regulations.--Final regulations to implement this 
     subtitle shall be published in the Federal Register by April 
     1, 2000. Letter rulings and other interim interpretations 
     about the effect of this subtitle and amendments made by this 
     subtitle on specific vessels may not be issued prior to the 
     publication of such final regulations. The regulations to 
     implement this subtitle shall prohibit impermissible 
     transfers of ownership or control, specify any transactions 
     which require prior approval of an implementing agency, 
     identify transactions which do not require prior agency 
     approval, and to the extent practicable, minimize disruptions 
     to the commercial fishing industry, to the traditional 
     financing arrangements of such industry, and to the 
     opportunity to form fishery cooperatives.
       (c) Vessels Measuring 100 Feet and Greater.--(1) The 
     Administrator of the Maritime Administration shall administer 
     section 12102(c) of title 46, United States Code, as amended 
     by this subtitle, with respect to vessels 100 feet or greater 
     in registered length. The owner of each such vessel shall 
     file a statement of citizenship setting forth all relevant 
     facts regarding vessel ownership and control with the 
     Administrator of the Maritime Administration on an annual 
     basis to demonstrate compliance with such section. 
     Regulations to implement this subsection shall conform to the 
     extent practicable with the regulations establishing the form 
     of citizenship affidavit set forth in part 355 of title 46, 
     Code of Federal Regulations, as in effect on September 25, 
     1997, except that the form of the statement under this 
     paragraph shall be written in a manner to allow the owner of 
     each such vessel to satisfy any annual renewal requirements 
     for a certificate of documentation for such vessel and to 
     comply with this subsection and section 12102(c) of title 46, 
     United States Code, as amended by this Act, and shall not be 
     required to be notarized.
       (2) After October 1, 2001, transfers of ownership and 
     control of vessels subject to section 12102(c) of title 46, 
     United States Code, as amended by this Act, which are 100 
     feet or greater in registered length, shall be rigorously 
     scrutinized for violations of such section, with particular 
     attention given to leases, charters, mortgages, financing, 
     and similar arrangements, to the control of persons not 
     eligible to own a vessel with a fishery endorsement under 
     section 12102(c) of title 46, United States Code, as amended 
     by this Act, over the management, sales, financing, or other 
     operations of an entity, and to contracts involving the 
     purchase over extended periods of time of all, or 
     substantially all, of the living marine resources harvested 
     by a fishing vessel.
       (d) Vessels Measuring Less Than 100 Feet.--The Secretary of 
     Transportation shall establish such requirements as are 
     reasonable and necessary to demonstrate compliance with 
     section 12102(c) of title 46, United States Code, as amended 
     by this Act, with respect to vessels measuring less than 100 
     feet in registered length, and shall seek to minimize the 
     administrative burden on individuals who own and operate such 
     vessels.
       (e) Endorsements Revoked.--The Secretary of Transportation 
     shall revoke the fishery endorsement of any vessel subject to 
     section 12102(c) of title 46, United States Code, as amended 
     by this Act, whose owner does not comply with such section.
       (f) Penalty.--Section 12122 of title 46, United States 
     Code, is amended by inserting at the end the following new 
     subsection:
       ``(c) In addition to penalties under subsections (a) and 
     (b), the owner of a documented vessel for which a fishery 
     endorsement has been issued is liable to the United States 
     Government for a civil penalty of up to $100,000 for each day 
     in which such vessel has engaged in fishing (as such term is 
     defined in section 3 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1802)) within 
     the exclusive economic zone of the United States, if the 
     owner

[[Page H11212]]

     or the representative or agent of the owner knowingly 
     falsified or concealed a material fact, or knowingly made 
     a false statement or representation with respect to the 
     eligibility of the vessel under section 12102(c) of this 
     title in applying for or applying to renew such fishery 
     endorsement.''.
       (g) Certain Vessels.--The vessels EXCELLENCE (United States 
     official number 967502), GOLDEN ALASKA (United States 
     official number 651041), OCEAN PHOENIX (United States 
     official number 296779), NORTHERN TRAVELER (United States 
     official number 635986), and NORTHERN VOYAGER (United States 
     official number 637398) (or a replacement vessel for the 
     NORTHERN VOYAGER that complies with paragraphs (2), (5), and 
     (6) of section 208(g) of this Act) shall be exempt from 
     section 12102(c), as amended by this Act, until such time 
     after October 1, 2001 as more than 50 percent of the interest 
     owned and controlled in the vessel changes, provided that the 
     vessel maintains eligibility for a fishery endorsement under 
     the federal law that was in effect the day before the date of 
     the enactment of this Act, and unless, in the case of the 
     NORTHERN TRAVELER or the NORTHERN VOYAGER (or such 
     replacement), the vessel is used in any fishery under the 
     authority of a regional fishery management council other than 
     the New England Fishery Management Council or Mid-Atlantic 
     Fishery Management Council established, respectively, under 
     subparagraphs (A) and (B) of section 302(a)(1) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1852(a)(1)(A) and (B)), or in the case of the 
     EXCELLENCE, GOLDEN ALASKA, or OCEAN PHOENIX, the vessel is 
     used to harvest any fish.

     SEC. 204. REPEAL OF OWNERSHIP SAVINGS CLAUSE.

       (a) Repeal.--Section 7(b) of the Commercial Fishing 
     Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-
     239; 46 U.S.C. 12102 note) is hereby repealed.
       (b) Effective Date.--Subsection (a) shall take effect on 
     October 1, 2001.

                Subtitle II--Bering Sea Pollock Fishery

     SEC. 205. DEFINITIONS.

       As used in this subtitle--
       (1) the term ``Bering Sea and Aleutian Islands Management 
     Area'' has the same meaning as the meaning given for such 
     term in part 679.2 of title 50, Code of Federal Regulations, 
     as in effect on October 1, 1998;
       (2) the term ``catcher/processor'' means a vessel that is 
     used for harvesting fish and processing that fish;
       (3) the term ``catcher vessel'' means a vessel that is used 
     for harvesting fish and that does not process pollock 
     onboard;
       (4) the term ``directed pollock fishery'' means the fishery 
     for the directed fishing allowances allocated under 
     paragraphs (1), (2), and (3) of section 206(b);
       (5) the term ``harvest'' means to commercially engage in 
     the catching, taking, or harvesting of fish or any activity 
     that can reasonably be expected to result in the catching, 
     taking, or harvesting of fish;
       (6) the term ``inshore component'' means the following 
     categories that process groundfish harvested in the Bering 
     Sea and Aleutian Islands Management Area:
       (A) shoreside processors, including those eligible under 
     section 208(f); and
       (B) vessels less than 125 feet in length overall that 
     process less than 126 metric tons per week in round-weight 
     equivalents of an aggregate amount of pollock and Pacific 
     cod;
       (7) the term ``Magnuson-Stevens Act'' means the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.);
       (8) the term ``mothership'' means a vessel that receives 
     and processes fish from other vessels in the exclusive 
     economic zone of the United States and is not used for, or 
     equipped to be used for, harvesting fish;
       (9) the term ``North Pacific Council'' means the North 
     Pacific Fishery Management Council established under section 
     302(a)(1)(G) of the Magnuson-Stevens Act (16 U.S.C. 
     1852(a)(1)(G));
       (10) the term ``offshore component'' means all vessels not 
     included in the definition of ``inshore component'' that 
     process groundfish harvested in the Bering Sea and Aleutian 
     Islands Management Area;
       (11) the term ``Secretary'' means the Secretary of 
     Commerce; and
       (12) the term ``shoreside processor'' means any person or 
     vessel that receives unprocessed fish, except catcher/
     processors, motherships, buying stations, restaurants, or 
     persons receiving fish for personal consumption or bait.

     SEC. 206. ALLOCATIONS.

       (a) Pollock Community Development Quota.--Effective January 
     1, 1999, 10 percent of the total allowable catch of pollock 
     in the Bering Sea and Aleutian Islands Management Area shall 
     be allocated as a directed fishing allowance to the western 
     Alaska community development quota program established under 
     section 305(i) of the Magnuson-Stevens Act (16 U.S.C. 
     1855(i)).
       (b) Inshore/Offshore.--Effective January 1, 1999, the 
     remainder of the pollock total allowable catch in the Bering 
     Sea and Aleutian Islands Management Area, after the 
     subtraction of the allocation under subsection (a) and the 
     subtraction of allowances for the incidental catch of pollock 
     by vessels harvesting other groundfish species (including 
     under the western Alaska community development quota program) 
     shall be allocated as directed fishing allowances as 
     follows--
       (1) 50 percent to catcher vessels harvesting pollock for 
     processing by the inshore component;
       (2) 40 percent to catcher/processors and catcher vessels 
     harvesting pollock for processing by catcher/processors in 
     the offshore component; and
       (3) 10 percent to catcher vessels harvesting pollock for 
     processing by motherships in the offshore component.

     SEC. 207. BUYOUT.

       (a) Federal Loan.--Under the authority of sections 1111 and 
     1112 of title XI of the Merchant Marine Act, 1936 (46 U.S.C. 
     App. 1279f and 1279g) and notwithstanding the requirements of 
     section 312 of the Magnuson-Stevens Act (16 U.S.C. 1861a), 
     the Secretary shall, subject to the availability of 
     appropriations for the cost of the direct loan, provide up to 
     $75,000,000 through a direct loan obligation for the payments 
     required under subsection (d).
       (b) Inshore Fee System.--Notwithstanding the requirements 
     of section 304(d) or 312 of the Magnuson-Stevens Act (16 
     U.S.C. 1854(d) and 1861a), the Secretary shall establish a 
     fee for the repayment of such loan obligation which--
       (1) shall be six-tenths (0.6) of one cent for each pound 
     round-weight of all pollock harvested from the directed 
     fishing allowance under section 206(b)(1); and
       (2) shall begin with such pollock harvested on or after 
     January 1, 2000, and continue without interruption until such 
     loan obligation is fully repaid; and
       (3) shall be collected in accordance with section 
     312(d)(2)(C) of the Magnuson-Stevens Act (16 U.S.C. 
     1861a(d)(2)(C)) and in accordance with such other conditions 
     as the Secretary establishes.
       (c) Federal Appropriation.--Under the authority of section 
     312(c)(1)(B) of the Magnuson-Stevens Act (16 U.S.C. 
     1861a(c)(1)(B)), there are authorized to be appropriated 
     $20,000,000 for the payments required under subsection (d).
       (d) Payments.--Subject to the availability of 
     appropriations for the cost of the direct loan under 
     subsection (a) and funds under subsection (c), the Secretary 
     shall pay by not later than December 31, 1998--
       (1) up to $90,000,000 to the owner or owners of the 
     catcher/processors listed in paragraphs (1) through (9) of 
     section 209, in such manner as the owner or owners, with the 
     concurrence of the Secretary, agree, except that--
       (A) the portion of such payment with respect to the 
     catcher/processor listed in paragraph (1) of section 209 
     shall be made only after the owner submits a written 
     certification acceptable to the Secretary that neither the 
     owner nor a purchaser from the owner intends to use such 
     catcher/processor outsiee of the exclusive economic zone of 
     the United States to harvest any stock of fish (as such term 
     is defined in section 3 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1802)) that occurs 
     within the exclusive economic zone of the United States; and
       (B) the portion of such payment with respect to the 
     catcher/processors listed in paragraphs (2) through (9) of 
     section 209 shall be made only after the owner or owners of 
     such catcher/processors submit a written certification 
     acceptable to the Secretary that such catcher/processors will 
     be scrapped by December 31, 2000 and will not, before that 
     date, be used to harvest or process any fish; and
       (2)(A) if a contract has been filed under section 210(a) by 
     the catcher/processors listed in section 208(e), $5,000,000 
     to the owner or owners of the catcher/processors listed in 
     paragraphs (10) through (14) of such section in such manner 
     as the owner or owners, with the concurrence of the 
     Secretary, agree; or
       (B) if such a contract has not been filed by such date, 
     $5,000,000 to the owners of the catcher vessels eligible 
     under section 208(b) and the catcher/processors eligible 
     under paragraphs (1) through (20) of section 208(e), divided 
     based on the amount of the harvest of pollock in the directed 
     pollock fishery by each such vessel in 1997 in such manner 
     as the Secretary deems appropriate,
     except that any such payments shall be reducee by any 
     obligation to the federal government that has not been 
     satisfied by such owner or owners of any such vessels.
       (e) Penalty.--If the catcher/processor under paragraph (1) 
     of section 209 is used outside of the exclusive economic zone 
     of the United States to harvest any stock of fish that occurs 
     within the exclusive economic zone of the United States while 
     the owner who received the payment under subsection (d)(1)(A) 
     has an ownership interest in such vessel, or if the catcher/
     processors listed in paragraphs (2) through (9) of section 
     209 are determined by the Secretary not to have been scrapped 
     by December 31, 2000 or to have been used in a manner 
     inconsistent with subsection (d)(1)(B), the Secretary may 
     suspend any or all of the federal permits which allow any 
     vessels owned in whole or in part by the owner or owners who 
     received payments under subsection (d)(1) to harvest or 
     process fish within the exclusive economic zone of the United 
     States until such time as the obligations of such owner or 
     owners under subsection (d)(1) have been fulfilled to the 
     satisfaction of the Secretary.
       (f) Program Defined; Maturity.--For the purposes of section 
     1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f), 
     the fishing capacity reduction program in this subtitle shall 
     be within the meaning of the term ``program'' as defined and 
     used in such section. Notwithstanding section 1111(b)(4) of 
     such Act (46 U.S.C. App. 1279f(b)(4)), the debt obligation 
     under subsection (a) of this section may have a maturity not 
     to exceed 30 years.
       (g) Fishery Capacity Reduction Regulations.--The Secretary 
     of Commerce shall by not later than October 15, 1998 publish 
     proposed regulations to implement subsections (b), (c), (d), 
     and (e) of section 312 of the Magnuson-Stevens Act (16 U.S.C. 
     1861a) and sections 1111 and 1112 of title XI of the Merchant 
     Marine Act, 1936 (46 U.S.C. App. 1279f and 1279g).

[[Page H11213]]

     SEC. 208. ELIGIBLE VESSELS AND PROCESSORS.

       (a) Catcher Vessels Onshore.--Effective January 1, 2000, 
     only catcher vessels which are--
       (1) determined by the Secretary--
       (A) to have delivered at least 250 metric tons of pollock; 
     or
       (B) to be less than 60 feet in length overall and to have 
     delivered at least 40 metric tons of pollock,
     for processing by the inshore component in the directed 
     pollock fishery in any one of the years 1996 or 1997, or 
     between January 1, 1998 and September 1, 1998;
       (2) eligible to harvest pollock in the directed pollock 
     fishery under the license limitation program recommended by 
     the North Pacific Council and approved by the Secretary; and
       (3) not listed in subsection (b),
     shall be eligible to harvest the directed fishing allowance 
     under section 206(b)(1) pursuant to a federal fishing permit.
       (b) Catcher Vessels to Catcher/Processors.--Effective 
     January 1, 1999, only the following catcher vessels shall be 
     eligible to harvest the directed fishing allowance under 
     section 206(b)(2) pursuant to a federal fishing permit:
       (1) AMERICAN CHALLENGER (United States official number 
     615085);
       (2) FORUM STAR (United States official number 925863);
       (3) MUIR MILACH (United States official number 611524);
       (4) NEAHKAHNIE (United States official number 599534);
       (5) OCEAN HARVESTER (United States official number 549892);
       (6) SEA STORM (United States official number 628959);
       (7) TRACY ANNE (United States official number 904859); and
       (8) any catcher vessel--
       (A) determined by the Secretary to have delivered at least 
     250 metric tons and at least 75 percent of the pollock it 
     harvested in the directed pollock fishery in 1997 to catcher/
     processors for processing by the offshore component; and
       (B) eligible to harvest pollock in the directed pollock 
     fishery under the license limitation program recommended by 
     the North Pacific Council and approved by the Secretary.
       (c) Catcher Vessels to Motherships.--Effective January 1, 
     2000, only the following catcher vessels shall be eligible to 
     harvest the directed fishing allowance under section 
     206(b)(3) pursuant to a federal fishing permit:
       (1) ALEUTIAN CHALLENGER (United States official number 
     603820);
       (2) ALYESKA (United States official number 560237);
       (3) AMBER DAWN (United States official number 529425);
       (4) AMERICAN BEAUTY (United States official number 613847);
       (5) CALIFORNIA HORIZON (United States official number 
     590758);
       (6) MAR-GUN (United States official number 525608);
       (7) MARGARET LYN (United States official number 615563);
       (8) MARK I (United States official number 509552);
       (9) MISTY DAWN (United States official number 926647);
       (10) NORDIC FURY (United States official number 542651);
       (11) OCEAN LEADER (United States official number 561518);
       (12) OCEANIC (United States official number 602279);
       (13) PACIFIC ALLIANCE (United States official number 
     612084);
       (14) PACIFIC CHALLENGER (United States official number 
     518937);
       (15) PACIFIC FURY (United States official number 561934);
       (16) PAPADO II (United States official number 536161);
       (17) TRAVELER (United States official number 929356);
       (18) VESTERAALEN (United States official number 611642);
       (19) WESTERN DAWN (United States official number 524423); 
     and
       (20) any vessel--
       (A) determined by the Secretary to have delivered at least 
     250 metric tons of pollock for processing by motherships in 
     the offshore component of the directed pollock fishery in any 
     one of the years 1996 or 1997, or between January 1, 1998 and 
     September 1, 1998;
       (B) eligible to harvest pollock in the directed pollock 
     fishery under the license limitation program recommended by 
     the North Pacific Council and approved by the Secretary; and
       (C) not listed in subsection (b).
       (d) Motherships.--Effective January 1, 2000, only the 
     following motherships shall be eligible to process the 
     directed fishing allowance under section 206(b)(3) pursuant 
     to a federal fishing permit:
       (1) EXCELLENCE (United States official number 967502);
       (2) GOLDEN ALASKA (United States official number 651041); 
     and
       (3) OCEAN PHOENIX (United States official number 296779).
       (e) Catcher/Processors.--Effective January 1, 1999, only 
     the following catcher/processors shall be eligible to harvest 
     the directed fishing allowance under section 206(b)(2) 
     pursuant to a federal fishing permit:
       (1) AMERICAN DYNASTY (United States official number 
     951307);
       (2) KATIE ANN (United States official number 518441);
       (3) AMERICAN TRIUMPH (United States official number 
     646737);
       (4) NORTHERN EAGLE (United States official number 506694);
       (5) NORTHERN HAWK (United States official number 643771);
       (6) NORTHERN JAEGER (United States official number 521069);
       (7) OCEAN ROVER (United States official number 552100);
       (8) ALASKA OCEAN (United States official number 637856);
       (9) ENDURANCE (United States official number 592206);
       (10) AMERICAN ENTERPRISE (United States official number 
     594803);
       (11) ISLAND ENTERPRISE (United States official number 
     610290);
       (12) KODIAK ENTERPRISE (United States official number 
     579450);
       (13) SEATTLE ENTERPRISE (United States official number 
     904767);
       (14) US ENTERPRISE (United States official number 921112);
       (15) ARCTIC STORM (United States official number 903511);
       (16) ARCTIC FJORD (United States official number 940866);
       (17) NORTHERN GLACIER (United States official number 
     663457);
       (18) PACIFIC GLACIER (United States official number 
     933627);
       (19) HIGHLAND LIGHT (United States official number 577044);
       (20) STARBOUND (United States official number 944658); and
       (21) any catcher/processor not listed in this subsection 
     and determined by the Secretary to have harvested more than 
     2,000 metric tons of the pollock in the 1997 directed pollock 
     fishery and determined to be eligible to harvest pollock in 
     the directed pollock fishery under the license limitation 
     program recommended by the North Pacific Council and approved 
     by the Secretary, except that catcher/processors eligible 
     under this paragraph shall be prohibited from harvesting in 
     the aggregate a total of more than one-half (0.5) of a 
     percent of the pollock apportioned for the directed pollock 
     fishery under section 206(b)(2).

     Notwithstanding section 213(a), failure to satisfy the 
     requirements of section 4(a) of the Commercial Fishing 
     Industry Vessel Anti-Reflagging Act of 1987 (Public Law 100-
     239; 46 U.S.C. 12108 note) shall not make a catcher/processor 
     listed under this subsection ineligible for a fishery 
     endorsement.
       (f) Shoreside Processors.--(1) Effective January 1, 2000 
     and except as provided in paragraph (2), the catcher vessels 
     eligible under subsection (a) may deliver pollock harvested 
     from the directed fishing allowance under section 206(b)(1) 
     only to--
       (A) shoreside processors (including vessels in a single 
     geographic location in Alaska State waters) determined by the 
     Secretary to have processed more than 2,000 metric tons 
     round-weight of pollock in the inshore component of the 
     directed pollock fishery during each of 1996 and 1997; and
       (B) shoreside processors determined by the Secretary to 
     have processed pollock in the inshore component of the 
     directed pollock fishery in 1996 or 1997, but to have 
     processed less than 2,000 metric tons round-weight of such 
     pollock in each year, except that effective January 1, 2000, 
     each such shoreside processor may not process more than 2,000 
     metric tons round-weight from such directed fishing allowance 
     in any year.
       (2) Upon recommendation by the North Pacific Council, the 
     Secretary may approve measures to allow catcher vessels 
     eligible under subsection (a) to deliver pollock harvested 
     from the directed fishing allowance under section 206(b)(1) 
     to shoreside processors not eligible under paragraph (1) if 
     the total allowable catch for pollock in the Bering Sea and 
     Aleutian Islands Management Area increases by more than 10 
     percent above the total allowable catch in such fishery in 
     1997, or in the event of the actual total loss or 
     constructive total loss of a shoreside processor eligible 
     under paragraph (1)(A).
       (g) Replacement Vessels.--In the event of the actual total 
     loss or constructive total loss of a vessel eligible under 
     subsections (a), (b), (c), (d), or (e), the owner of such 
     vessel may replace such vessel with a vessel which shall be 
     eligible in the same manner under that subsection as the 
     eligible vessel, provided that--
       (1) such loss was caused by an act of God, an act of war, a 
     collision, an act or omission of a party other than the owner 
     or agent of the vessel, or any other event not caused by the 
     willful misconduct of the owner or agent;
       (2) the replacement vessel was built in the United States 
     and if ever rebuilt, was rebuilt in the United States;
       (3) the fishery endorsement for the replacement vessel is 
     issued within 36 months of the end of the last year in which 
     the eligible vessel harvested or processed pollock in the 
     directed pollock fishery;
       (4) if the eligible vessel is greater than 165 feet in 
     registered length, of more than 750 gross registered tons, or 
     has engines capable of producing more than 3,000 shaft 
     horsepower, the replacement vessel is of the same or lesser 
     registered length, gross registered tons, and shaft 
     horsepower;
       (5) if the eligible vessel is less than 165 feet in 
     registered length, of fewer than 750 gross registered tons, 
     and has engines incapable of producing less than 3,000 shaft 
     horsepower, the replacement vessel is less than each of such 
     thresholds and does not exceed by more than 10 percent the 
     registered length, gross registered tons or shaft horsepower 
     of the eligible vessel; and
       (6) the replacement vessel otherwise qualifies under 
     federal law for a fishery endorsement, including under 
     section 12102(c) of title 46, United States Code, as amended 
     by this Act.
       (h) Eligibility During Implementation.--In the event the 
     Secretary is unable to make a final determination about the 
     eligibility of a vessel under subsection (b)(8) or subsection 
     (e)(21) before January 1, 1999, or a vessel or shoreside

[[Page H11214]]

     processor under subsection (a), subsection (c)(21), or 
     subsection (f) before January 1, 2000, such vessel or 
     shoreside processor, upon the filing of an application for 
     eligibility, shall be eligible to participate in the 
     directed pollock fishery pending final determination by 
     the Secretary with respect to such vessel or shoreside 
     processor.
       (i) Eligibility Not a Right.--Eligibility under this 
     section shall not be construed--
       (1) to confer any right of compensation, monetary or 
     otherwise, to the owner of any catcher vessel, catcher/
     processor, mothership, or shoreside processor if such 
     eligibility is revoked or limited in any way, including 
     through the revocation or limitation of a fishery endorsement 
     or any federal permit or license;
       (2) to create any right, title, or interest in or to any 
     fish in any fishery; or
       (3) to waive any provision of law otherwise applicable to 
     such catcher vessel, catcher/processor, mothership, or 
     shoreside processor.

     SEC. 209. LIST OF INELIGIBLE VESSELS.

       Effective December 31, 1998, the following vessels shall be 
     permanently ineligible for fishery endorsements, and any 
     claims (including relating to catch history) associated with 
     such vessels that could qualify any owners of such vessels 
     for any present or future limited access system permit in any 
     fishery within the exclusive economic zone of the United 
     States (including a vessel moratorium permit or license 
     limitation program permit in fisheries under the authority of 
     the North Pacific Council) are hereby extinguished:
       (1) AMERICAN EMPRESS (United States official number 
     942347);
       (2) PACIFIC SCOUT (United States official number 934772);
       (3) PACIFIC EXPLORER (United States official number 
     942592);
       (4) PACIFIC NAVIGATOR (Uoited States official number 
     592204);
       (5) VICTORIA ANN (United States official number 592207);
       (6) ELIZABETH ANN (United States official number 534721);
       (7) CHRISTINA ANN (United States official number 653045);
       (8) REBECCA ANN (United States official number 592205); and
       (9) BROWNS POINT (United States official number 587440).

     SEC. 210. FISHERY COOPERATIVE LIMITATIONS.

       (a) Public Notice.--(1) Any contract implementing a fishery 
     cooperative under section 1 of the Act of June 25, 1934 (15 
     U.S.C. 521) in the directed pollock fishery and any material 
     modifications to any such contract shall be filed not less 
     than 30 days prior to the start of fishing under the contract 
     with the North Pacific Council and with the Secretary, 
     together with a copy of a letter from a party to the contract 
     requesting a business review letter on the fishery 
     cooperative from the Department of Justice and any response 
     to such request. Notwithstanding section 402 of the Magnuson-
     Stevens Act (16 U.S.C. 1881a) or any other provision of law, 
     but taking into account the interest of parties to any such 
     contract in protecting the confidentiality of proprietary 
     information, the North Pacific Council and Secretary shall--
       (A) make available to the public such information about the 
     contract, contract modifications, or fishery cooperative the 
     North Pacific Council and Secretary deem appropriate, which 
     at a minimum shall include a list of the parties to the 
     contract, a list of the vessels involved, and the amount of 
     pollock and other fish to be harvested by each party to such 
     contract; and
       (B) make available to the public in such manner as the 
     North Pacific Council and Secretary deem appropriate 
     information about the harvest by vessels under a fishery 
     cooperative of all species (including bycatch) in the 
     directed pollock fishery on a vessel-by-vessel basis.
       (b) Catcher Vessels Onshore.--
       (1) Catcher vessel cooperatives.--Effective January 1, 
     2000, upon the filing of a contract implementing a fishery 
     cooperative under subsection (a) which--
       (A) is signed by the owners of 80 percent or more of the 
     qualified catcher vessels that delivered pollock for 
     processing by a shoreside processor in the directed pollock 
     fishery in the year prior to the year in which the fishery 
     cooperative will be in effect; and
       (B) specifies, except as provided in paragraph (6), that 
     such catcher vessels will deliver pollock in the directed 
     pollock fishery only to such shoreside processor during the 
     year in which the fishery cooperative will be in effect and 
     that such shoreside processor has agreed to process such 
     pollock,

     the Secretary shall allow only such catcher vessels (and 
     catcher vessels whose owners voluntarily participate pursuant 
     to paragraph (2)) to harvest the aggregate percentage of the 
     directed fishing allowance under section 206(b)(1) in the 
     year in which the fishery cooperative will be in effect that 
     is equivalent to the aggregate total amount of pollock 
     harvested by such catcher vessels (and by such catcher 
     vessels whose owners voluntarily participate pursuant to 
     paragraph (2)) in the directed pollock fishery for processing 
     by the inshore component during 1995, 1996, and 1997 relative 
     to the aggregate total amount of pollock harvested in the 
     directed pollock fishery for processing by the inshore 
     component during such years and shall prevent such catcher 
     vessels (and catcher vessels whose owners voluntarily 
     participate pursuant to paragraph (2)) from harvesting in 
     aggregate in excess of such percentage of such directed 
     fishing allowance.
       (2) Voluntary participation.--Any contract implementing a 
     fishery cooperative under paragraph (1) must allow the owners 
     of other qualified catcher vessels to enter into such 
     contract after it is filed and before the calender year in 
     which fishing will begin under the same terms and conditions 
     as the owners of the qualified catcher vessels who entered 
     into such contract upon filing.
       (3) Qualified catcher vessel.--For the purposes of this 
     subsection, a catcher vessel shall be considered a 
     ``qualified catcher vessel'' if, during the year prior to the 
     year in which the fishery cooperative will be in effect, it 
     delivered more pollock to the shoreside processor to which it 
     will deliver pollock under the fishery cooperative in 
     paragraph (1) than to any other shoreside processor.
       (4) Consideration of certain vessels.--Any contract 
     implementing a fishery cooperative under paragraph (1) which 
     has been entered into by the owner of a qualified catcher 
     vessel eligible under section 208(a) that harvested pollock 
     for processing by catcher/processors or motherships in the 
     directed pollock fishery during 1995, 1996, and 1997 shall, 
     to the extent practicable, provide fair and equitable terms 
     and conditions for the owner of such qualified catcher 
     vessel.
       (5) Open access.--A catcher vessel eligible under section 
     208(a) the catch history of which has not been attributed to 
     a fishery cooperative under paragraph (1) may be used to 
     deliver pollock harvested by such vessel from the directed 
     fishing allowance under section 206(b)(1) (other than pollock 
     reserved under paragraph (1) for a fishery cooperative) to 
     any of the shoreside processors eligible under section 
     208(f). A catcher vessel eligible under section 208(a) the 
     catch history of which has been attributed to a fishery 
     cooperative under paragraph (1) during any calendar year may 
     not harvest any pollock apportioned under section 206(b)(1) 
     in such calendar year other than the pollock reserved under 
     paragraph (1) for such fishery cooperative.
       (6) Transfer of cooperative harvest.--A contract 
     implementing a fishery cooperative under paragraph (1) may, 
     notwithstanding the other provisions of this subsection, 
     provide for up to 10 percent of the pollock harvested under 
     such cooperative to be processed by a shoreside processor 
     eligible under section 208(f) other than the shoreside 
     processor to which pollock will be delivered under paragraph 
     (1).
       (c) Catcher Vessels to Catcher/Processors.--Effective 
     January 1, 1999, not less than 8.5 percent of the directed 
     fishing allowance under section 206(b)(2) shall be available 
     for harvest only by the catcher vessels eligible under 
     section 208(b). The owners of such catcher vessels may 
     participate in a fishery cooperative with the owners of the 
     catcher/processors eligible under paragraphs (1) through (20) 
     of the section 208(e). The owners of such catcher vessels may 
     participate in a fishery cooperative that will be in effect 
     during 1999 only if the contract implementing such 
     cooperative establishes penalties to prevent such vessels 
     from exceeding in 1999 the traditional levels harvested by 
     such vessels in all other fisheries in the exclusive economic 
     zone of the United States.
       (d) Catcher Vessels to Motherships.--
       (1) Processing.--Effective January 1, 2000, the authority 
     in section 1 of the Act of June 25, 1934 (48 Stat. 1213 and 
     1214; 15 U.S.C. 521 et seq.) shall extend to processing by 
     motherships eligible under section 208(d) solely for the 
     purposes of forming or participating in a fishery cooperative 
     in the directed pollock fishery upon the filing of a contract 
     to implement a fishery cooperative under subsection (a) which 
     has been entered into by the owners of 80 percent or more of 
     the catcher vessels eligible under section 208(c) for the 
     duration of such contract, provided that such owners agree to 
     the terms of the fishery cooperative involving processing by 
     the motherships.
       (2) Voluntary participation.--Any contract implementing a 
     fishery cooperative described in paragraph (1) must allow the 
     owners of any other catcher vessels eligible under section 
     208(c) to enter such contract after it is filed and before 
     the calendar year in which fishing will begin under the same 
     terms and conditions as the owners of the catcher vessels who 
     entered into such contract upon filing.
       (e) Excessive Shares.--
       (1) Harvesting.--No particular individual, corporation, or 
     other entity may harvest, through a fishery cooperative or 
     otherwise, a total of more than 17.5 percent of the pollock 
     available to be harvested in the directed pollock fishery.
       (2) Processing.--Under the authority of section 301(a)(4) 
     of the Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North 
     Pacific Council is directed to recommend for approval by the 
     Secretary conservation and management measures to prevent any 
     particular individual or entity from processing an excessive 
     share of the pollock available to be harvested in the 
     directed pollock fishery. In the event the North Pacific 
     Council recommends and the Secretary approves an excessive 
     processing share that is lower than 17.5 percent, any 
     individual or entity that previously processed a percentage 
     greater than such share shall be allowed to continue to 
     process such percentage, except that their percentage may not 
     exceed 17.5 percent (excluding pollock processed by catcher/
     processors that was harvested in the directed pollock fishery 
     by catcher vessels eligible under 208(b)) and shall be 
     reduced if their percentage decreases, until their percentage 
     is below such share. In recommending the excessive processing 
     share, the North Pacific Council shall consider the need of 
     catcher vessels in the directed pollock fishery to have 
     competitive buyers for the pollock harvested by such vessels.
       (3) Review by maritime administration.--At the request of 
     the North Pacific Council or the Secretary, any individual or 
     entity believed by such Council or the Secretary to have 
     exceeded the percentage in either paragraph (1) or (2)

[[Page H11215]]

     shall submit such information to the Administrator of the 
     Maritime Administration as the Administrator deems 
     appropriate to allow the Administrator to determine whether 
     such individual or entity has exceeded either such 
     percentage. The Administrator shall make a finding as soon as 
     practicable upon such request and shall submit such finding 
     to the North Pacific Council and the Secretary. For the 
     purposes of this subsection, any entity in which 10 percent 
     or more of the interest is owned or controlled by another 
     individual or entity shall be considered to be the same 
     entity as the other individual or entity.
       (f) Landing Tax Jurisdiction.--Any contract filed under 
     subsection (a) shall include a contract clause under which 
     the parties to the contract agree to make payments to the 
     State of Alaska for any pollock harvested in the directed 
     pollock fishery which is not landed in the State of 
     Alaska, in amounts which would otherwise accrue had the 
     pollock been landed in the State of Alaska subject to any 
     landing taxes established under Alaska law. Failure to 
     include such a contract clause or for such amounts to be 
     paid shall result in a revocation of the authority to form 
     fishery cooperatives under section 1 of the Act of June 
     25, 1934 (15 U.S.C. 521 et seq.).
       (g) Penalties.--The violation of any of the requirements of 
     this section or section 211 shall be considered the 
     commission of an act prohibited by section 307 of the 
     Magnuson-Stevens Act (16 U.S.C. 1857). In addition to the 
     civil penalties and permit sanctions applicable to prohibited 
     acts under section 308 of such Act (16 U.S.C. 1858), any 
     person who is found by the Secretary, after notice and an 
     opportunity for a hearing in accordance with section 554 of 
     title 5, United States Code, to have violated a requirement 
     of this section shall be subject to the forfeiture to the 
     Secretary of Commerce of any fish harvested or processed 
     during the commission of such act.

     SEC. 211. PROTECTIONS FOR OTHER FISHERIES; CONSERVATION 
                   MEASURES.

       (a) General.--The North Pacific Council shall recommend for 
     approval by the Secretary such conservation and management 
     measures as it determines necessary to protect other 
     fisheries under its jurisdiction and the participants in 
     those fisheries, including processors, from adverse impacts 
     caused by this Act or fishery cooperatives in the directed 
     pollock fishery.
       (b) Catcher/Processor Restrictions.--
       (1) General.--The restrictions in this subsection shall 
     take effect on January 1, 1999 and shall remain in effect 
     thereafter except that they may be superceded (with the 
     exception of paragraph (4)) by conservation and management 
     measures recommended after the date of the enactment of this 
     Act by the North Pacific Council and approved by the 
     Secretary in accordance with the Magnuson-Stevens Act.
       (2) Bering sea fishing.--The catcher/processors eligible 
     under paragraphs (1) through (20) of section 208(e) are 
     hereby prohibited from, in the aggregate--
       (A) exceeding the percentage of the harvest available in 
     the offshore component of any Bering Sea and Aleutian Islands 
     groundfish fishery (other than the pollock fishery) that is 
     equivalent to the total harvest by such catcher/processors 
     and the catcher/processors listed in section 209 in the 
     fishery in 1995, 1996, and 1997 relative to the total amount 
     available to be harvested by the offshore component in the 
     fishery in 1995, 1996, and 1997;
       (B) exceeding the percentage of the prohibited species 
     available in the offshore component of any Bering Sea and 
     Aleutian Islands groundfish fishery (other than the pollock 
     fishery) that is equivalent to the total of the prohibited 
     species harvested by such catcher/processors and the catcher/
     processors listed in section 209 in the fishery in 1995, 
     1996, and 1997 relative to the total amount of prohibited 
     species available to be harvested by the offshore component 
     in the fishery in 1995, 1996, and 1997; and
       (C) fishing for Atka mackerel in the eastern area of the 
     Bering Sea and Aleutian Islands and from exceeding the 
     following percentages of the directed harvest available in 
     the Bering Sea and Aleutian Islands Atka mackerel fishery--
       (i) 11.5 percent in the central area; and
       (ii) 20 percent in the western area.
       (3) Bering sea processing.--The catcher/processors eligible 
     under paragraphs (1) through (20) of section 208(e) are 
     hereby prohibited from--
       (A) processing any of the directed fishing allowances under 
     paragraphs (1) or (3) of section 206(b); and
       (B) processing any species of crab harvested in the Bering 
     Sea and Aleutian Islands Management Area.
       (4) Gulf of alaska.--The catcher/processors eligible under 
     paragraphs (1) through (20) of section 208(e) are hereby 
     prohibited from--
       (A) harvesting any fish in the Gulf of Alaska;
       (B) processing any groundfish harvested from the portion of 
     the exclusive economic zone off Alaska known as area 630 
     under the fishery management plan for Gulf of Alaska 
     groundfish; or
       (C) processing any pollock in the Gulf of Alaska (other 
     than as bycatch in non-pollock groundfish fisheries) or 
     processing, in the aggregate, a total of more than 10 percent 
     of the cod harvested from areas 610, 620, and 640 of the Gulf 
     of Alaska under the fishery management plan for Gulf of 
     Alaska groundfish.
       (5) Fisheries other than north pacific.--The catcher/
     processors eligible under paragraphs (1) through (20) of 
     section 208(e) and motherships eligible under section 208(d) 
     are hereby prohibited from harvesting fish in any fishery 
     under the authority of any regional fishery management 
     council established under section 302(a) of the Magnuson-
     Stevens Act (16 U.S.C. 1852(a)) other than the North Pacific 
     Council, except for the Pacific whiting fishery, and from 
     processing fish in any fishery under the authority of any 
     such regional fishery management council other than the North 
     Pacific Council, except in the Pacific whiting fishery, 
     unless the catcher/processor or mothership is authorized to 
     harvest or process fish under a fishery management plan 
     recommended by the regional fishery management council of 
     jurisdiction and approved by the Secretary.
       (6) Observers and scales.--The catcher/processors eligible 
     under paragraphs (1) through (20) of section 208(e) shall--
       (A) have two observers onboard at all times while 
     groundfish is being harvested, processed, or received from 
     another vessel in any fishery under the authority of the 
     North Pacific Council; and
       (B) weigh its catch on a scale onboard approved by the 
     National Marine Fisheries Service while harvesting groundfish 
     in fisheries under the authority of the North Pacific 
     Council.
     This paragraph shall take effect on January 1, 1999 for 
     catcher/processors eligible under paragraphs (1) through (20) 
     of section 208(e) that will harvest pollock allocated under 
     section 206(a) in 1999, and shall take effect on January 1, 
     2000 for all other catcher/processors eligible under such 
     paragraphs of section 208(e).
       (c) Catcher Vessel and Shoreside Processor Restrictions.--
       (1) Required council recommendations.--By not later than 
     July 1, 1999, the North Pacific Council shall recommend for 
     approval by the Secretary conservation and management 
     measures to--
       (A) prevent the catcher vessels eligible under subsections 
     (a), (b), and (c) of section 208 from exceeding in the 
     aggregate the traditional harvest levels of such vessels in 
     other fisheries under the authority of the North Pacific 
     Council as a result of fishery cooperatives in the directed 
     pollock fishery; and
       (B) protect processors not eligible to participate in the 
     directed pollock fishery from adverse effects as a result of 
     this Act or fishery cooperatives in the directed pollock 
     fishery.

     If the North Pacific Council does not recommend such 
     conservation and management measures by such date, or if the 
     Secretary determines that such conservation and management 
     measures recommended by the North Pacific Council are not 
     adequate to fulfill the purposes of this paragraph, the 
     Secretary may by regulation restrict or change the authority 
     in section 210(b) to the extent the Secretary deems 
     appropriate, including by preventing fishery cooperatives 
     from being formed pursuant to such section and by providing 
     greater flexibility with respect to the shoreside processor 
     or shoreside processors to which catcher vessels in a fishery 
     cooperative under section 210(b) may deliver pollock.
       (2) Bering sea crab and groundfish.--
       (A) Effective January 1, 2000, the owners of the 
     motherships eligible under section 208(d) and the shoreside 
     processors eligible under section 208(f) that receive pollock 
     from the directed pollock fishery under a fishery cooperative 
     are hereby prohibited from processing, in the aggregate for 
     each calendar year, more than the percentage of the total 
     catch of each species of crab in directed fisheries under the 
     jurisdiction of the North Pacific Council than facilities 
     operated by such owners processed of each such species in the 
     aggregate, on average, in 1995, 1996, 1997. For the purposes 
     of this subparagraph, the term ``facilities'' means any 
     processing plant, catcher/processor, mothership, floating 
     processor, or any other operation that processes fish. Any 
     entity in which 10 percent or more of the interest is owned 
     or controlled by another individual or entity shall be 
     considered to be the same entity as the other individual or 
     entity for the purposes of this subparagraph.
       (B) Under the authority of section 301(a)(4) of the 
     Magnuson-Stevens Act (16 U.S.C. 1851(a)(4)), the North 
     Pacific Council is directed to recommend for approval by the 
     Secretary conservation and management measures to prevent any 
     particular individual or entity from harvesting or processing 
     an excessive share of crab or of groundfish in fisheries in 
     the Bering Sea and Aleutian Islands Management Area.
       (C) The catcher vessels eligible under section 208(b) are 
     hereby prohibited from participating in a directed fishery 
     for any species of crab in the Bering Sea and Aleutian 
     Islands Management Area unless the catcher vessel harvested 
     crab in the directed fishery for that species of crab in such 
     Area during 1997 and is eligible to harvest such crab in such 
     directed fishery under the license limitation program 
     recommended by the North Pacific Council and approved by the 
     Secretary. The North Pacific Council is directed to recommend 
     measures for approval by the Secretary to eliminate latent 
     licenses under such program, and nothing in this subparagraph 
     shall preclude the Council from recommending measures more 
     restrictive than under this paragraph.
       (3) Fisheries other than north pacific.--
       (A) By not later than July 1, 2000, the Pacific Fishery 
     Management Council established under section 302(a)(1)(F) of 
     the Magnuson-Stevens Act (16 U.S.C. 1852(a)(1)(F)) shall 
     recommend for approval by the Secretary conservation and 
     management measures to protect fisheries under its 
     jurisdiction and the participants in those fisheries from 
     adverse impacts caused by this Act or by any fishery 
     cooperatives in the directed pollock fishery.
       (B) If the Pacific Council does not recommend such 
     conservation and management measures by such date, or if the 
     Secretary determines that such conservation and management 
     measures recommended by the Pacific Council are not adequate 
     to fulfill the purposes of this paragraph, the Secretary may 
     by regulation implement adequate measures including, but not 
     limited to, restrictions on vessels which harvest pollock 
     under a fishery cooperative which will prevent such vessels 
     from harvesting Pacific groundfish, and restrictions on the 
     number of processors eligible to process Pacific groundfish.
       (d) Bycatch Information.--Notwithstanding section 402 of 
     the Magnuson-Stevens Act (16 U.S.C. 1881a), the North Pacific 
     Council may

[[Page H11216]]

     recommend and the Secretary may approve, under such terms and 
     conditions as the North Pacific Council and Secretary deem 
     appropriate, the public disclosure of any information from 
     the groundfish fisheries under the authority of such Council 
     that would be beneficial in the implementation of section 
     301(a)(9) or section 303(a)(11) of the Magnuson-Stevens Act 
     (16 U.S.C. 1851(a)(9) and 1853(a)(11)).
       (e) Community Development Loan Program.--Under the 
     authority of title XI of the Merchant Marine Act, 1936 (46 
     U.S.C. App. 1271 et seq.), and subject to the availability of 
     appropriations, the Secretary is authorized to provide direct 
     loan obligations to communities eligible to participate in 
     the western Alaska community development quota program 
     established under 304(i) of the Magnuson-Stevens Act (16 
     U.S.C. 1855(i)) for the purposes of purchasing all or part of 
     an ownership interest in vessels and shoreside processors 
     eligible under subsections (a), (b), (c), (d), (e), or (f) of 
     section 208. Notwithstanding the eligibility criteria in 
     section 208(a) and section 208(c), the LISA MARIE (United 
     States official number 1038717) shall be eligible under such 
     sections in the same manner as other vessels eligible under 
     such sections.

     SEC. 212. RESTRICTION ON FEDERAL LOANS.

       Section 302(b) of the Fisheries Financing Act (46 U.S.C. 
     1274 note) is amended--
       (1) by inserting ``(1)'' before ``Until October 1, 2001''; 
     and
       (2) by inserting at the end the following new paragraph:
       ``(2) No loans may be provided or guaranteed by the Federal 
     Government for the construction or rebuilding of a vessel 
     intended for use as a fishing vessel (as defined in section 
     2101 of title 46, United States Code), if such vessel will be 
     greater than 165 feet in registered length, of more than 750 
     gross registered tons, or have an engine or engines capable 
     of producing a total of more than 3,000 shaft horsepower, 
     after such construction or rebuilding is completed. This 
     prohibition shall not apply to vessels to be used in the 
     menhaden fishery or in tuna purse seine fisheries outside the 
     exclusive economic zone of the United States or the area of 
     the South Pacific Regional Fisheries Treaty.''.

     SEC. 213. DURATION.

       (a) General.--Except as otherwise provided in this title, 
     the provisions of this title shall take effect upon the date 
     of the enactment of this Act. Sections 206, 208, and 210 
     shall remain in effect until December 31, 2004, and shall be 
     repealed on such date, except that the North Pacific Council 
     may recommend and the Secretary may approve conservation and 
     management measures as part of a fishery management plan 
     under the Magnuson-Stevens Act to give effect to the measures 
     in such sections thereafter.
       (b) Existing Authority.--Except for the measures required 
     by this subtitle, nothing in this subtitle shall be construed 
     to limit the authority of the North Pacific Council or the 
     Secretary under the Magnuson-Stevens Act.
       (c) Changes to Fishery Cooperative Limitations and Pollock 
     CDQ Allocation.--The North Pacific Council may recommend and 
     the Secretary may approve conservation and management 
     measures in accordance with the Magnuson-Stevens Act--
       (1) that supersede the provisions of this title, except for 
     sections 206 and 208, for conservation purposes or to 
     mitigate adverse effects in fisheries or on owners of fewer 
     than three vessels in the directed pollock fishery caused by 
     this title or fishery cooperatives in the directed pollock 
     fishery, provided such measures take into account all factors 
     affecting the fisheries and are imposed fairly and equitably 
     to the extent practicable among and within the sectors in the 
     directed pollock fishery;
       (2) that supersede the allocation in section 206(a) for any 
     of the years 2002, 2003, and 2004, upon the finding by such 
     Council that the western Alaska community development quota 
     program for pollock has been adversely affected by the 
     amendments in this title; or
       (3) that supersede the criteria required in paragraph (1) 
     of section 210(b) to be used by the Secretary to set the 
     percentage allowed to be harvested by catcher vessels 
     pursuant to a fishery cooperative under such paragraph.
       (d) Report to Congress.--Not later than October 1, 2000, 
     the North Pacific Council shall submit a report to the 
     Secretary and to Congress on the implementation and effects 
     of this Act, including the effects on fishery conservation 
     and management, on bycatch levels, on fishing communities, on 
     business and employment practices of participants in any 
     fishery cooperatives, on the western Alaska community 
     development quota program, on any fisheries outside of the 
     authority of the North Pacific Council, and such other 
     matters as the North Pacific Council deems appropriate.
       (e) Report on Fillet Production.--Not later than June 1, 
     2000, the General Accounting Office shall submit a report to 
     the North Pacific Council, the Secretary, and the Congress on 
     the whether this Act has negatively affected the market for 
     fillets and fillet blocks, including through the reduction in 
     the supply of such fillets and fillet blocks. If the report 
     determines that such market has been negatively affected, the 
     North Pacific Council shall recommend measures for the 
     Secretary's approval to mitigate any negative effects.
       (f) Severability.--If any provision of this title, an 
     amendment made by this title, or the application of such 
     provision or amendment to any person or circumstance is held 
     to be unconstitutional, the remainder of this title, the 
     amendments made by this title, and the application of the 
     provisions of such to any person or circumstance shall not be 
     affected thereby.
       (g) International Agreements.--In the event that any 
     provision of section 12102(c) or section 31322(a) of title 
     46, United States Code, as amended by this Act, is determined 
     to be inconsistent with an existing international agreement 
     relating to foreign investment to which the United States is 
     a party with respect to the owner or mortgagee on October 1, 
     2001 of a vessel with a fishery endorsement, such provision 
     shall not apply to that owner or mortgagee with respect to 
     such vessel to the extent of any such inconsistency. The 
     provisions of section 12102(c) and section 31322(a) of title 
     46, United States Code, as amended by this Act, shall apply 
     to all subsequent owners and mortgagees of such vessel, and 
     shall apply, notwithstanding the preceding sentence, to the 
     owner on October 1, 2001 of such vessel if any ownership 
     interest in that owner is transferred to or otherwise 
     acquired by a foreign individual or entity after such date.

                      TITLE III--DENALI COMMISSION

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Denali Commission Act of 
     1998''.

     SEC. 302. PURPOSES.

       The purposes of this title are as follows:
       (1) To deliver the services of the Federal Government in 
     the most cost-effective manner practicable by reducing 
     administrative and overhead costs.
       (2) To provide job training and other economic development 
     services in rural communities particularly distressed 
     communities (many of which have a rate of unemployment that 
     exceeds 50 percent).
       (3) To promote rural development, provide power generation 
     and transmission facilities, modern communication systems, 
     water and sewer systems and other infrastructure needs.

     SEC. 303. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the Denali Commission (referred to in this title as 
     the ``Commission'').
       (b) Membership.--
       (1) Composition.--The Commission shall be composed of 7 
     members, who shall be appointed by the Secretary of Commerce 
     (referred to in this title as the ``Secretary''), of whom--
       (A) one shall be the Governor of the State of Alaska, or an 
     individual selected from nominations submitted by the 
     Governor, who shall serve as the State Cochairperson;
       (B) one shall be the President of the University of Alaska, 
     or an individual selected from nominations submitted by the 
     President of the University of Alaska;
       (C) one shall be the President of the Alaska Municipal 
     League or an individual selected from nominations submitted 
     by the President of the Alaska Municipal League;
       (D) one shall be the President of the Alaska Federation or 
     Natives or an individual selected from nominations submitted 
     by the President of the Alaska Federation or Natives;
       (E) one shall be the Executive President of the Alaska 
     State AFL-CIO or an individual selected from nominations 
     submitted by the Executive President;
       (F) one shall be the President of the Associated General 
     Contractors of Alaska or an individual selected from 
     nominations submitted by the President of the Associated 
     General Contractors of Alaska; and
       (G) one shall be the Federal Cochairperson, who shall be 
     selected in accordance with the requirements of paragraph 
     (2).
       (2) Federal cochairperson.--
       (A) In general.--The President pro temporare of the Senate 
     and the Speaker of the House of Representatives shall each 
     submit a list of nominations for the position of the Federal 
     Cochairperson under paragraph (1)(G), including pertinent 
     biographical information, to the Secretary.
       (B) Appointment.--The Secretary shall appoint the Federal 
     Cochairperson from among the list of nominations submitted 
     under subparagraph (A). The Federal Cochairperson shall serve 
     as an employee of the Department of Commerce, and may be 
     removed by the Secretary for cause.
       (C) Federal cochairperson vote.--The Federal Cochairperson 
     appointed under this paragraph shall break any tie in the 
     voting of the Commission.
       (4) Date.--The appointments of the members of the 
     Commission shall be made no later than January 1, 1999.
       (c) Period of Appointment; Vacancies.--Members shall be 
     appointed for the life of the Commission. Any vacancy in the 
     Commission shall not affect its powers, but shall be filled 
     in the same manner as the original appointment.
       (d) Meetings.--
       (1) In general.--The Commission shall meet at the call of 
     the Federal Cochairperson not less frequently than 2 times 
     each year, and may, as appropriate, conduct business by 
     telephone or other electronic means.
       (2) Notification.--Not later than 2 weeks before calling a 
     meeting under this subsection, the Federal Cochairperson 
     shall--
       (A) notify each member of the Commission of the time, date 
     and location of that meeting; and
       (B) provide each member of the Commission with a written 
     agenda for the meeting, including any proposals for 
     discussion and consideration, and any appropriate background 
     materials.
       (e) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.

     SEC. 304. DUTIES OF THE COMMISSION.

       (a) Work Plan.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act and annually thereafter, the Commission 
     shall develop a proposed work plan for Alaska that meets the 
     requirements of paragraph (2) and submit that plan to the 
     Federal Cochairperson for review in accordance with the 
     requirements of subsection (b).
       (2) Work plan.--In developing the work plan, the Commission 
     shall--

[[Page H11217]]

       (A) solicit project proposals from local governments and 
     other entities and organizations; and
       (B) provide for a comprehensive work plan for rural and 
     infrastructure development and necessary job training in the 
     area covered under the work plan.
       (3) Report.--Upon completion of a work plan under this 
     subsection, the Commission shall prepare, and submit to the 
     Secretary, the Federal Cochairperson, and the Director of the 
     Office of Management and Budget, a report that outlines the 
     work plan and contains recommendations for funding 
     priorities.
       (b) Review by Federal Cochairperson.--
       (1) In general.--Upon receiving a work plan under this 
     section, the Secretary, acting through the Federal 
     Cochairperson, shall publish the work plan in the Federal 
     Register, with notice and an opportunity for public comment. 
     The period for public review and comment shall be the 30-day 
     period beginning on the date of publication of that notice.
       (2) Criteria for review.--In conducting a review under 
     paragraph (1), the Secretary, acting through the Federal 
     Cochairperson, shall--
       (A) take into consideration the information, views, and 
     comments received from interested parties through the public 
     review and comment process specified in paragraph (1); and
       (B) consult with appropriate Federal officials in Alaska 
     including but not limited to Bureau of Indian Affairs, 
     Economic Development Administration, and Rural Development 
     Administration.
       (3) Approval.--Not later than 30 days after the end of the 
     period specified in paragraph (1), the Secretary acting 
     through the Federal Cochairperson, shall--
       (A) approve, disapprove, or partially approve the work plan 
     that is the subject of the review; and
       (B) issue to the Commission a notice of the approval, 
     disapproval, or partial approval that--
       (i) specifies the reasons for disapproving any portion of 
     the work plan; and
       (ii) if applicable, includes recommendations for revisions 
     to the work plan to make the plan subject to approval.
       (4) Review of disapproval or partial approval.--If the 
     Secretary, acting through the Federal Cochairperson, 
     disapproves or partially approves a work plan, the Federal 
     Cochairperson shall submit that work plan to the Commission 
     for review and revision.

     SEC. 305. POWERS OF THE COMMISSION.

       (a) Information From Federal Agencies.--The Commission may 
     secure directly from any Federal department or agency such 
     information as it considers necessary to carry out the 
     provisions of this Act. Upon request of the Federal 
     Cochairperson of the Commission, the head of such department 
     or agency shall furnish such information to the Commission. 
     Agencies must provide the Commission with the requested 
     information in a timely manner. Agencies are not required to 
     provide the Commission any information that is exempt from 
     disclosure by the Freedom of Information Act. Agenices may, 
     upon request by the Commission, make services and personnel 
     available to the Commission to carry out the duties of the 
     Commission. To the maximum extent practicable, the Commission 
     shall contract for completion of necesssary work utilizing 
     local firms and labor to minimize costs.
       (b) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other departments and agencies of the Federal Government.
       (c) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.

     SEC. 306. COMMISSION PERSONNEL MATTERS.

       (a) Compensation of Members.--Each member of the Commission 
     who is not an officer or employee of the Federal Government 
     shall be compensated at a rate equal to the daily equivalent 
     of the annual rate of basic pay prescribed for level IV of 
     the Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during the 
     time such member is engaged in the performance of the duties 
     of the Commission. All members of the Commission who are 
     officers or employees of the United States shall serve 
     without compensation that is in addition to that received for 
     their services as officers or employees of the United States.
       (b) Travel Expenses.--The members of the Commission shall 
     be allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for employees of agencies 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from their homes or regular places of 
     business in the performance of services for the Commission.
       (c) Staff.--
       (1) In general.--The Federal Cochairperson of the 
     Commission may, without regard to the civil service laws and 
     regulations, appoint such personnel as may be necessary to 
     enable the Commission to perform its duties.
       (2) Compensation.--The Chairman of the Commission may fix 
     the compensation of personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (d) Detail of Government Employees.--Any Federal Government 
     employee may be detailed to the Commission without 
     reimbursement, and such detail shall be without interruption 
     or loss of civil service status or privilege.
       (e) Procurement of Temporary and Intermittent Services.--
     The Federal Cochairperson of the Commission may procure 
     temporary and intermittent services under section 3109(b) of 
     title 5, United States Code, at rates for individuals which 
     do not exceed the daily equivalent of the annual rate of 
     basic pay prescribed for level V of the Executive Schedule 
     under section 5316 of such title.
       (f) Offices.--The principal office of the Commission shall 
     be located in Alaska, at a location that the Commission shall 
     select.

     SEC. 307. SPECIAL FUNCTIONS.

       (a) Rural Utilities.--In carrying out its functions under 
     this title, the Commission shall as appropriate, provide 
     assistance, seek to avoid duplicating services and 
     assistance, and complement the water and sewer wastewater 
     programs under section 306D of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 1926d) and section 303 of the 
     Safe Drinking Water Act Amendments of 1996 (33 U.S.C. 1263a).
       (b) Bulk Fuels.--The Commission, in consultation with the 
     Commandant of the Coast Guard, shall develop a plan to 
     provide for the repair or replacement of bulk fuel storage 
     tanks in Alaska that are not in compliance with applicable--
       (1) Federal law, including the Oil Pollution Act of 1990 
     (104 Stat. 484); or
       (2) State law.

     SEC. 308. EXEMPTION FROM FEDERAL ADVISORY COMMITTEE ACT.

       The Federal Advisory Committee Act shall not apply to the 
     Commission.

     SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Commission to carry out the duties of the Commission 
     consistent with the purposes of this title and pursuant to 
     the work plan approved under section 4 under this Act, 
     $20,000,000 for fiscal year 1999, and such sums as may be 
     necessary for fiscal years 2000, 2001, 2002, and 2003
       (b) Availability.--Any sums appropriated under the 
     authorization contained in this section shall remain 
     available until expended.

    TITLE IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT

     SEC. 401. SHORT TITLE; TABLE OF CONTENTS; AMENDMENTS TO 
                   IMMIGRATION AND NATIONALITY ACT.

       (a) Short Title.--This title may be cited as the ``American 
     Competitiveness and Workforce Improvement Act of 1998''.
       (b) Table of Contents.--The table of contents of this title 
     is as follows:

Sec. 401. Short title; table of contents; amendments to Immigration and 
              Nationality Act.

         Subtitle A--Provisions Relating to H-1B Nonimmigrants

Sec. 411. Temporary increase in access to temporary skilled personnel 
              under H-1B program.
Sec. 412. Protection against displacement of United States workers in 
              case of H-1B-dependent employers.
Sec. 413. Changes in enforcement and penalties.
Sec. 414. Collection and use of H-1B nonimmigrant fees for scholarships 
              for low-income math, engineering, and computer science 
              students and job training of United States workers.
Sec. 415. Computation of prevailing wage level.
Sec. 416. Improving count of H-1B and H-2B nonimmigrants.
Sec. 417. Report on older workers in the information technology field.
Sec. 418. Report on high technology labor market needs; reports on 
              economic impact of increase in H-1B nonimmigrants.

    Subtitle B--Special Immigrant Status for Certain NATO Civilian 
                               Employees

Sec. 421. Special immigrant status for certain NATO civilian employees.

                  Subtitle C--Miscellaneous Provision

Sec. 431. Academic honoraria.
       (c) Amendments to Immigration and Nationality Act.--Except 
     as otherwise specifically provided in this title, whenever in 
     this title an amendment is expressed in terms of an amendment 
     to a section or other provision, the reference shall be 
     considered to be made to that section or other provision of 
     the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).

         Subtitle A--Provisions Relating to H-1B Nonimmigrants

     SEC. 411. TEMPORARY INCREASE IN ACCESS TO TEMPORARY SKILLED 
                   PERSONNEL UNDER H-1B PROGRAM.

       (a) Temporary Increase in Skilled Nonimmigrant Workers.--
     Paragraph (1)(A) of section 214(g) (8 U.S.C. 1184(g)) is 
     amended to read as follows:
       ``(A) under section 101(a)(15)(H)(i)(b), may not exceed--
       ``(i) 65,000 in each fiscal year before fiscal year 1999;
       ``(ii) 115,000 in fiscal year 1999;
       ``(iii) 115,000 in fiscal year 2000;
       ``(iv) 107,500 in fiscal year 2001; and
       ``(v) 65,000 in each succeeding fiscal year; or''.
       (b) Effective Dates.--The amendment made by subsection (a) 
     applies beginning with fiscal year 1999.

     SEC. 412. PROTECTION AGAINST DISPLACEMENT OF UNITED STATES 
                   WORKERS IN CASE OF H-1B-DEPENDENT EMPLOYERS.

       (a) Protection Against Layoff and Requirement for Prior 
     Recruitment of United States Workers.--
       (1) Additional statements on application.--Section 
     212(n)(1) (8 U.S.C. 1182(n)(1)) is amended by inserting after 
     subparagraph (D) the following:
       ``(E)(i) In the case of an application described in clause 
     (ii), the employer did not displace and will not displace a 
     United States worker (as defined in paragraph (4)) employed 
     by the employer within the period beginning 90 days before 
     and ending 90 days after the date of filing

[[Page H11218]]

     of any visa petition supported by the application.
       ``(ii) An application described in this clause is an 
     application filed on or after the date final regulations are 
     first promulgated to carry out this subparagraph, and before 
     October 1, 2001, by an H-1B-dependent employer (as defined in 
     paragraph (3)) or by an employer that has been found, on or 
     after the date of the enactment of the American 
     Competitiveness and Workforce Improvement Act of 1998, under 
     paragraph (2)(C) or (5) to have committed a willful failure 
     or misrepresentation during the 5-year period preceding the 
     filing of the application. An application is not described in 
     this clause if the only H-1B nonimmigrants sought in the 
     application are exempt H-1B nonimmigrants.
       ``(F) In the case of an application described in 
     subparagraph (E)(ii), the employer will not place the 
     nonimmigrant with another employer (regardless of whether or 
     not such other employer is an H-1B-dependent employer) 
     where--
       ``(i) the nonimmigrant performs duties in whole or in part 
     at one or more worksites owned, operated, or controlled by 
     such other employer; and
       ``(ii) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer;
     unless the employer has inquired of the other employer as to 
     whether, and has no knowledge that, within the period 
     beginning 90 days before and ending 90 days after the date of 
     the placement of the nonimmigrant with the other employer, 
     the other employer has displaced or intends to displace a 
     United States worker employed by the other employer.
       ``(G)(i) In the case of an application described in 
     subparagraph (E)(ii), subject to clause (ii), the employer, 
     prior to filing the application--
       ``(I) has taken good faith steps to recruit, in the United 
     States using procedures that meet industry-wide standards and 
     offering compensation that is at least as great as that 
     required to be offered to H-1B nonimmigrants under 
     subparagraph (A), United States workers for the job for which 
     the nonimmigrant or nonimmigrants is or are sought; and
       ``(II) has offered the job to any United States worker who 
     applies and is equally or better qualified for the job for 
     which the nonimmigrant or nonimmigrants is or are sought.
       ``(ii) The conditions described in clause (i) shall not 
     apply to an application filed with respect to the employment 
     of an H-1B nonimmigrant who is described in subparagraph (A), 
     (B), or (C) of section 203(b)(1).''.
       (2) Notice on application of potential liability of placing 
     employers.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) is 
     amended by adding at the end the following: ``The application 
     form shall include a clear statement explaining the liability 
     under subparagraph (F) of a placing employer if the other 
     employer described in such subparagraph displaces a United 
     States worker as described in such subparagraph.''.
       (3) Construction.--Section 212(n)(1) (8 U.S.C. 1182(n)(1)) 
     is further amended by adding at the end the following: 
     ``Nothing in subparagraph (G) shall be construed to prohibit 
     an employer from using legitimate selection criteria relevant 
     to the job that are normal or customary to the type of job 
     involved, so long as such criteria are not applied in a 
     discriminatory manner.''.
       (b) H-1B-Dependent Employer and Other Definitions.--
       (1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is 
     amended by adding at the end the following:
       ``(3)(A) For purposes of this subsection, the term `H-1B-
     dependent employer' means an employer that--
       ``(i)(I) has 25 or fewer full-time equivalent employees who 
     are employed in the United States; and (II) employs more than 
     7 H-1B nonimmigrants;
       ``(ii)(I) has at least 26 but not more than 50 full-time 
     equivalent employees who are employed in the United States; 
     and (II) employs more than 12 H-1B nonimmigrants; or
       ``(iii)(I) has at least 51 full-time equivalent employees 
     who are employed in the United States; and (II) employs H-1B 
     nonimmigrants in a number that is equal to at least 15 
     percent of the number of such full-time equivalent employees.
       ``(B) For purposes of this subsection--
       ``(i) the term `exempt H-1B nonimmigrant' means an H-1B 
     nonimmigrant who--
       ``(I) receives wages (including cash bonuses and similar 
     compensation) at an annual rate equal to at least $60,000; or
       ``(II) has attained a master's or higher degree (or its 
     equivalent) in a specialty related to the intended 
     employment; and
       ``(ii) the term `nonexempt H-1B nonimmigrant' means an H-1B 
     nonimmigrant who is not an exempt H-1B nonimmigrant.
       ``(C) For purposes of subparagraph (A)--
       ``(i) in computing the number of full-time equivalent 
     employees and the number of H-1B nonimmigrants, exempt H-1B 
     nonimmigrants shall not be taken into account during the 
     longer of--
       ``(I) the 6-month period beginning on the date of the 
     enactment of the American Competitiveness and Workforce 
     Improvement Act of 1998; or
       ``(II) the period beginning on the date of the enactment of 
     the American Competitiveness and Workforce Improvement Act of 
     1998 and ending on the date final regulations are issued to 
     carry out this paragraph; and
       ``(ii) any group treated as a single employer under 
     subsection (b), (c), (m), or (o) of section 414 of the 
     Internal Revenue Code of 1986 shall be treated as a single 
     employer.
       ``(4) For purposes of this subsection:
       ``(A) The term `area of employment' means the area within 
     normal commuting distance of the worksite or physical 
     location where the work of the H-1B nonimmigrant is or will 
     be performed. If such worksite or location is within a 
     Metropolitan Statistical Area, any place within such area is 
     deemed to be within the area of employment.
       ``(B) In the case of an application with respect to one or 
     more H-1B nonimmigrants by an employer, the employer is 
     considered to `displace' a United States worker from a job if 
     the employer lays off the worker from a job that is 
     essentially the equivalent of the job for which the 
     nonimmigrant or nonimmigrants is or are sought. A job shall 
     not be considered to be essentially equivalent of another job 
     unless it involves essentially the same responsibilities, was 
     held by a United States worker with substantially equivalent 
     qualifications and experience, and is located in the same 
     area of employment as the other job.
       ``(C) The term `H-1B nonimmigrant' means an alien admitted 
     or provided status as a nonimmigrant described in section 
     101(a)(15)(H)(i)(b).
       ``(D)(i) The term `lays off', with respect to a worker--
       ``(I) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, or the expiration of a grant or 
     contract (other than a temporary employment contract entered 
     into in order to evade a condition described in subparagraph 
     (E) or (F) of paragraph (1)); but
       ``(II) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under paragraph (1)(F), with either employer described in 
     such paragraph) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(ii) Nothing in this subparagraph is intended to limit an 
     employee's rights under a collective bargaining agreement or 
     other employment contract.
       ``(E) The term `United States worker' means an employee 
     who--
       ``(i) is a citizen or national of the United States; or
       ``(ii) is an alien who is lawfully admitted for permanent 
     residence, is admitted as a refugee under section 207, is 
     granted asylum under section 208, or is an immigrant 
     otherwise authorized, by this Act or by the Attorney General, 
     to be employed.''.
       (2) Conforming amendments.--Section 212(n)(1) (8 U.S.C. 
     1182(n)(1)) is amended by striking ``a nonimmigrant described 
     in section 101(a)(15)(H)(i)(b)'' each place it appears and 
     inserting ``an H-1B nonimmigrant''.
       (c) Improved Posting of Notice of Application.--Section 
     212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to 
     read as follows:
       ``(ii) if there is no such bargaining representative, has 
     provided notice of filing in the occupational classification 
     through such methods as physical posting in conspicuous 
     locations at the place of employment or electronic 
     notification to employees in the occupational classification 
     for which H-1B nonimmigrants are sought.''.
       (d) Effective Dates.--The amendments made by subsection (a) 
     apply to applications filed under section 212(n)(1) of the 
     Immigration and Nationality Act on or after the date final 
     regulations are issued to carry out such amendments, and the 
     amendments made by subsections (b) and (c) take effect on the 
     date of the enactment of this Act.
       (e) Reduction of Period for Public Comment.--In first 
     promulgating regulations to implement the amendments made by 
     this section in a timely manner, the Secretary of Labor and 
     the Attorney General may reduce to not less than 30 days the 
     period of public comment on proposed regulations.

     SEC. 413. CHANGES IN ENFORCEMENT AND PENALTIES.

       (a) Increased Enforcement and Penalties.--Section 
     212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amended to read as 
     follows:
       ``(C)(i) If the Secretary finds, after notice and 
     opportunity for a hearing, a failure to meet a condition of 
     paragraph (1)(B), (1)(E), or (1)(F), a substantial failure to 
     meet a condition of paragraph (1)(C), (1)(D), or 
     (1)(G)(i)(I), or a misrepresentation of material fact in an 
     application--
       ``(I) the Secretary shall notify the Attorney General of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $1,000 per violation) as the 
     Secretary determines to be appropriate; and
       ``(II) the Attorney General shall not approve petitions 
     filed with respect to that employer under section 204 or 
     214(c) during a period of at least 1 year for aliens to be 
     employed by the employer.
       ``(ii) If the Secretary finds, after notice and opportunity 
     for a hearing, a willful failure to meet a condition of 
     paragraph (1), a willful misrepresentation of material fact 
     in an application, or a violation of clause (iv)--
       ``(I) the Secretary shall notify the Attorney General of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $5,000 per violation) as the 
     Secretary determines to be appropriate; and
       ``(II) the Attorney General shall not approve petitions 
     filed with respect to that employer under section 204 or 
     214(c) during a period of at least 2 years for aliens to be 
     employed by the employer.
       ``(iii) If the Secretary finds, after notice and 
     opportunity for a hearing, a willful failure to meet a 
     condition of paragraph (1) or a willful misrepresentation of 
     material fact in an application, in the course of which 
     failure or misrepresentation the employer displaced a United

[[Page H11219]]

     States worker employed by the employer within the period 
     beginning 90 days before and ending 90 days after the date of 
     filing of any visa petition supported by the application--
       ``(I) the Secretary shall notify the Attorney General of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil monetary penalties 
     in an amount not to exceed $35,000 per violation) as the 
     Secretary determines to be appropriate; and
       ``(II) the Attorney General shall not approve petitions 
     filed with respect to that employer under section 204 or 
     214(c) during a period of at least 3 years for aliens to be 
     employed by the employer.
       ``(iv) It is a violation of this clause for an employer who 
     has filed an application under this subsection to intimidate, 
     threaten, restrain, coerce, blacklist, discharge, or in any 
     other manner discriminate against an employee (which term, 
     for purposes of this clause, includes a former employee and 
     an applicant for employment) because the employee has 
     disclosed information to the employer, or to any other 
     person, that the employee reasonably believes evidences a 
     violation of this subsection, or any rule or regulation 
     pertaining to this subsection, or because the employee 
     cooperates or seeks to cooperate in an investigation or other 
     proceeding concerning the employer's compliance with the 
     requirements of this subsection or any rule or regulation 
     pertaining to this subsection.
       ``(v) The Secretary of Labor and the Attorney General shall 
     devise a process under which an H-1B nonimmigrant who files a 
     complaint regarding a violation of clause (iv) and is 
     otherwise eligible to remain and work in the United States 
     may be allowed to seek other appropriate employment in the 
     United States for a period not to exceed the maximum period 
     of stay authorized for such nonimmigrant classification.
       ``(vi)(I) It is a violation of this clause for an employer 
     who has filed an application under this subsection to require 
     an H-1B nonimmigrant to pay a penalty for ceasing employment 
     with the employer prior to a date agreed to by the 
     nonimmigrant and the employer. The Secretary shall determine 
     whether a required payment is a penalty (and not liquidated 
     damages) pursuant to relevant State law.
       ``(II) It is a violation of this clause for an employer who 
     has filed an application under this subsection to require an 
     alien who is the subject of a petition filed under section 
     214(c)(1), for which a fee is imposed under section 
     214(c)(9), to reimburse, or otherwise compensate, the 
     employer for part or all of the cost of such fee. It is a 
     violation of this clause for such an employer otherwise to 
     accept such reimbursement or compensation from such an alien.
       ``(III) If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer has committed a 
     violation of this clause, the Secretary may impose a civil 
     monetary penalty of $1,000 for each such violation and issue 
     an administrative order requiring the return to the 
     nonimmigrant of any amount paid in violation of this clause, 
     or, if the nonimmigrant cannot be located, requiring payment 
     of any such amount to the general fund of the Treasury.
       ``(vii)(I) It is a failure to meet a condition of paragraph 
     (1)(A) for an employer, who has filed an application under 
     this subsection and who places an H-1B nonimmigrant 
     designated as a full-time employee on the petition filed 
     under section 214(c)(1) by the employer with respect to the 
     nonimmigrant, after the nonimmigrant has entered into 
     employment with the employer, in nonproductive status due to 
     a decision by the employer (based on factors such as lack of 
     work), or due to the nonimmigrant's lack of a permit or 
     license, to fail to pay the nonimmigrant full-time wages in 
     accordance with paragraph (1)(A) for all such nonproductive 
     time.
       ``(II) It is a failure to meet a condition of paragraph 
     (1)(A) for an employer, who has filed an application under 
     this subsection and who places an H-1B nonimmigrant 
     designated as a part-time employee on the petition filed 
     under section 214(c)(1) by the employer with respect to the 
     nonimmigrant, after the nonimmigrant has entered into 
     employment with the employer, in nonproductive status under 
     circumstances described in subclause (I), to fail to pay such 
     a nonimmigrant for such hours as are designated on such 
     petition consistent with the rate of pay identified on such 
     petition.
       ``(III) In the case of an H-1B nonimmigrant who has not yet 
     entered into employment with an employer who has had approved 
     an application under this subsection, and a petition under 
     section 214(c)(1), with respect to the nonimmigrant, the 
     provisions of subclauses (I) and (II) shall apply to the 
     employer beginning 30 days after the date the nonimmigrant 
     first is admitted into the United States pursuant to the 
     petition, or 60 days after the date the nonimmigrant becomes 
     eligible to work for the employer (in the case of a 
     nonimmigrant who is present in the United States on the date 
     of the approval of the petition).
       ``(IV) This clause does not apply to a failure to pay wages 
     to an H-1B nonimmigrant for nonproductive time due to non-
     work-related factors, such as the voluntary request of the 
     nonimmigrant for an absence or circumstances rendering the 
     nonimmigrant unable to work.
       ``(V) This clause shall not be construed as prohibiting an 
     employer that is a school or other educational institution 
     from applying to an H-1B nonimmigrant an established salary 
     practice of the employer, under which the employer pays to H-
     1B nonimmigrants and United States workers in the same 
     occupational classification an annual salary in 
     disbursements over fewer than 12 months, if--
       ``(aa) the nonimmigrant agrees to the compressed annual 
     salary payments prior to the commencement of the employment; 
     and
       ``(bb) the application of the salary practice to the 
     nonimmigrant does not otherwise cause the nonimmigrant to 
     violate any condition of the nonimmigrant's authorization 
     under this Act to remain in the United States.
       ``(VI) This clause shall not be construed as superseding 
     clause (viii).
       ``(viii) It is a failure to meet a condition of paragraph 
     (1)(A) for an employer who has filed an application under 
     this subsection to fail to offer to an H-1B nonimmigrant, 
     during the nonimmigrant's period of authorized employment, 
     benefits and eligibility for benefits (including the 
     opportunity to participate in health, life, disability, and 
     other insurance plans; the opportunity to participate in 
     retirement and savings plans; and cash bonuses and noncash 
     compensation, such as stock options (whether or not based on 
     performance)) on the same basis, and in accordance with the 
     same criteria, as the employer offers to United States 
     workers.''.
       (b) Use of Arbitration Process for Disputes Involving 
     Qualifications of United States Workers Not Hired.--
       (1) In general.--Section 212(n) (8 U.S.C. 1182(n)), as 
     amended by section 412(b), is further amended by adding at 
     the end the following:
       ``(5)(A) This paragraph shall apply instead of 
     subparagraphs (A) through (E) of paragraph (2) in the case of 
     a violation described in subparagraph (B), but shall not be 
     construed to limit or affect the authority of the Secretary 
     or the Attorney General with respect to any other violation.
       ``(B) The Attorney General shall establish a process for 
     the receipt, initial review, and disposition in accordance 
     with this paragraph of complaints respecting an employer's 
     failure to meet the condition of paragraph (1)(G)(i)(II) or a 
     petitioner's misrepresentation of material facts with respect 
     to such condition. Complaints may be filed by an aggrieved 
     individual who has submitted a resume or otherwise applied in 
     a reasonable manner for the job that is the subject of the 
     condition. No proceeding shall be conducted under this 
     paragraph on a complaint concerning such a failure or 
     misrepresentation unless the Attorney General determines that 
     the complaint was filed not later than 12 months after the 
     date of the failure or misrepresentation, respectively.
       ``(C) If the Attorney General finds that a complaint has 
     been filed in accordance with subparagraph (B) and there is 
     reasonable cause to believe that such a failure or 
     misrepresentation described in such complaint has occurred, 
     the Attorney General shall initiate binding arbitration 
     proceedings by requesting the Federal Mediation and 
     Conciliation Service to appoint an arbitrator from the roster 
     of arbitrators maintained by such Service. The procedure and 
     rules of such Service shall be applicable to the selection of 
     such arbitrator and to such arbitration proceedings. The 
     Attorney General shall pay the fee and expenses of the 
     arbitrator.
       ``(D)(i) The arbitrator shall make findings respecting 
     whether a failure or misrepresentation described in 
     subparagraph (B) occurred. If the arbitrator concludes that 
     failure or misrepresentation was willful, the arbitrator 
     shall make a finding to that effect. The arbitrator may not 
     find such a failure or misrepresentation (or that such a 
     failure or misrepresentation was willful) unless the 
     complainant demonstrates such a failure or misrepresentation 
     (or its willful character) by clear and convincing evidence. 
     The arbitrator shall transmit the findings in the form of a 
     written opinion to the parties to the arbitration and 
     the Attorney General. Such findings shall be final and 
     conclusive, and, except as provided in this subparagraph, 
     no official or court of the United States shall have power 
     or jurisdiction to review any such findings.
       ``(ii) The Attorney General may review and reverse or 
     modify the findings of an arbitrator only on the same bases 
     as an award of an arbitrator may be vacated or modified under 
     section 10 or 11 of title 9, United States Code.
       ``(iii) With respect to the findings of an arbitrator, a 
     court may review only the actions of the Attorney General 
     under clause (ii) and may set aside such actions only on the 
     grounds described in subparagraph (A), (B), or (C) of section 
     706(a)(2) of title 5, United States Code. Notwithstanding any 
     other provision of law, such judicial review may only be 
     brought in an appropriate United States court of appeals.
       ``(E) If the Attorney General receives a finding of an 
     arbitrator under this paragraph that an employer has failed 
     to meet the condition of paragraph (1)(G)(i)(II) or has 
     misrepresented a material fact with respect to such 
     condition, unless the Attorney General reverses or modifies 
     the finding under subparagraph (D)(ii)--
       ``(i) the Attorney General may impose administrative 
     remedies (including civil monetary penalties in an amount not 
     to exceed $1,000 per violation or $5,000 per violation in the 
     case of a willful failure or misrepresentation) as the 
     Attorney General determines to be appropriate; and
       ``(ii) the Attorney General is authorized to not approve 
     petitions filed, with respect to that employer and for aliens 
     to be employed by the employer, under section 204 or 214(c)--
       ``(I) during a period of not more than 1 year; or
       ``(II) in the case of a willful failure or willful 
     misrepresentation, during a period of not more than 2 years.
       ``(F) The Attorney General shall not delegate, to any other 
     employee or official of the Department of Justice, any 
     function of the Attorney General under this paragraph, until 
     60 days after the Attorney General has submitted a plan for 
     such delegation to the Committees on the Judiciary of the 
     United States House of Representatives and the Senate.''.
       (2) Conforming amendment.--The first sentence of section 
     212(n)(2)(A) (8 U.S.C. 1182(n)(2)(A)) is amended by striking 
     ``The Secretary'' and inserting ``Subject to paragraph 
     (5)(A), the Secretary''.
       (c) Liability of Petitioning Employer in Case of Placement 
     of H-1B Nonimmigrant

[[Page H11220]]

     With Another Employer.--Section 212(n)(2) (8 U.S.C. 
     1182(n)(2)) is amended by adding at the end the following:
       ``(E) If an H-1B-dependent employer places a nonexempt H-1B 
     nonimmigrant with another employer as provided under 
     paragraph (1)(F) and the other employer has displaced or 
     displaces a United States worker employed by such other 
     employer during the period described in such paragraph, such 
     displacement shall be considered for purposes of this 
     paragraph a failure, by the placing employer, to meet a 
     condition specified in an application submitted under 
     paragraph (1); except that the Attorney General may impose a 
     sanction described in subclause (II) of subparagraph (C)(i), 
     (C)(ii), or (C)(iii) only if the Secretary of Labor found 
     that such placing employer--
       ``(i) knew or had reason to know of such displacement at 
     the time of the placement of the nonimmigrant with the other 
     employer; or
       ``(ii) has been subject to a sanction under this 
     subparagraph based upon a previous placement of an H-1B 
     nonimmigrant with the same other employer.''.
       (d) Spot Investigations During Probationary Period.--
     Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as amended by 
     subsection (c), is further amended by adding at the end the 
     following:
       ``(F) The Secretary may, on a case-by-case basis, subject 
     an employer to random investigations for a period of up to 5 
     years, beginning on the date (on or after the date of the 
     enactment of the American Competitiveness and Workforce 
     Improvement Act of 1998) on which the employer is found by 
     the Secretary to have committed a willful failure to meet a 
     condition of paragraph (1) (or has been found under paragraph 
     (5) to have committed a willful failure to meet the condition 
     of paragraph (1)(G)(i)(II)) or to have made a willful 
     misrepresentation of material fact in an application. The 
     preceding sentence shall apply to an employer regardless of 
     whether or not the employer is an H-1B-dependent employer. 
     The authority of the Secretary under this subparagraph shall 
     not be construed to be subject to, or limited by, the 
     requirements of subparagraph (A).''.
       (e) Additional Investigative Authority.--
        (1) In General.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), 
     as amended by subsection (d), is further amended by adding at 
     the end the following:
       ``(G)(i) If the Secretary receives specific credible 
     information from a source, who is likely to have knowledge of 
     an employer's practices or employment conditions, or an 
     employer's compliance with the employer's labor condition 
     application under paragraph (1), and whose identity is known 
     to the Secretary, and such information provides reasonable 
     cause to believe that the employer has committed a willful 
     failure to meet a condition of paragraph (1)(A), (1)(B), 
     (1)(E), (1)(F), or (1)(G)(i)(I), has engaged in a pattern or 
     practice of failures to meet such a condition, or has 
     committed a substantial failure to meet such a condition that 
     affects multiple employees, the Secretary may conduct a 30-
     day investigation into the alleged failure or failures. The 
     Secretary (or the Acting Secretary in the case of the 
     Secretary's absence or disability) shall personally certify 
     that the requirements for conducting such an investigation 
     have been met and shall approve commencement of the 
     investigation. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5, United 
     States Code.
       ``(ii) The Secretary shall establish a procedure for any 
     person, desiring to provide to the Secretary information 
     described in clause (i) that may be used, in whole or in 
     part, as the basis for commencement of an investigation 
     described in such clause, to provide the information in 
     writing on a form developed and provided by the Secretary and 
     completed by or on behalf of the person. The person may not 
     be an officer or employee of the Department of Labor, unless 
     the information satisfies the requirement of clause (iii)(II) 
     (although an officer or employee of the Department of Labor 
     may complete the form on behalf of the person).
       ``(iii) Any investigation initiated or approved by the 
     Secretary under clause (i) shall be based on information that 
     satisfies the requirements of such clause and that (I) 
     originates from a source other than an officer or employee of 
     the Department of Labor, or (II) was lawfully obtained by the 
     Secretary of Labor in the course of lawfully conducting 
     another Department of Labor investigation under this Act or 
     any other Act.
       ``(iv) The receipt by the Secretary of information 
     submitted by an employer to the Attorney General or the 
     Secretary for purposes of securing the employment of an H-1B 
     nonimmigrant shall not be considered a receipt of information 
     for purposes of clause (i).
       ``(v) No investigation described in clause (i) (or hearing 
     described in clause (vii)) may be conducted with respect to 
     information about a failure to meet a condition described in 
     clause (i), unless the Secretary receives the information not 
     later than 12 months after the date of the alleged 
     failure.
       ``(vi) The Secretary shall provide notice to an employer 
     with respect to whom the Secretary has received information 
     described in clause (i), prior to the commencement of an 
     investigation under such clause, of the receipt of the 
     information and of the potential for an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that to do so would interfere with an 
     effort by the Secretary to secure compliance by the employer 
     with the requirements of this subsection. There shall be no 
     judicial review of a determination by the Secretary under 
     this clause.
       ``(vii) If the Secretary determines under this subparagraph 
     that a reasonable basis exists to make a finding that a 
     failure described in clause (i) has occurred, the Secretary 
     shall provide for notice of such determination to the 
     interested parties and an opportunity for a hearing, in 
     accordance with section 556 of title 5, United States Code, 
     within 60 days after the date of the determination. If such a 
     hearing is requested, the Secretary shall make a finding 
     concerning the matter by not later than 60 days after the 
     date of the hearing.''.
       (2) Sunset.--The amendment made by paragraph (1) shall 
     cease to be effective on September 30, 2001.
       (f) Construction.--Section 212(n)(2) (8 U.S.C. 1182(n)(2)), 
     as amended by subsection (e), is further amended by adding at 
     the end the following:
       ``(H) Nothing in this subsection shall be construed as 
     superseding or preempting any other enforcement-related 
     authority under this Act (such as the authorities under 
     section 274B), or any other Act.''.

     SEC. 414. COLLECTION AND USE OF H-1B NONIMMIGRANT FEES FOR 
                   SCHOLARSHIPS FOR LOW-INCOME MATH, ENGINEERING, 
                   AND COMPUTER SCIENCE STUDENTS AND JOB TRAINING 
                   OF UNITED STATES WORKERS.

       (a) Imposition of Fee.--Section 214(c) (8 U.S.C. 1184(c)) 
     is amended by adding at the end the following:
       ``(9)(A) The Attorney General shall impose a fee on an 
     employer (excluding an employer described in subparagraph (A) 
     or (B) of section 212(p)(1)) filing (on or after December 1, 
     1998, and before October 1, 2001) a petition under paragraph 
     (1)--
       ``(i) initially to grant an alien nonimmigrant status 
     described in section 101(a)(15)(H)(i)(b);
       ``(ii) to extend the stay of an alien having such status 
     (unless the employer previously has obtained an extension for 
     such alien); or
       ``(iii) to obtain authorization for an alien having such 
     status to change employers.
       ``(B) The amount of the fee shall be $500 for each such 
     petition.
       ``(C) Fees collected under this paragraph shall be 
     deposited in the Treasury in accordance with section 
     286(s).''.
       (b) Establishment of Account; Use of Fees.--Section 286 (8 
     U.S.C. 1356) is amended by adding at the end the following:
       ``(s) H-1B Nonimmigrant Petitioner Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `H-1B Nonimmigrant Petitioner Account'. Notwithstanding 
     any other section of this title, there shall be deposited as 
     offsetting receipts into the account all fees collected under 
     section 214(c)(9).
       ``(2) Use of fees for job training.--56.3 percent of 
     amounts deposited into the H-1B Nonimmigrant Petitioner 
     Account shall remain available to the Secretary of Labor 
     until expended for demonstration programs and projects 
     described in section 414(c) of the American Competitiveness 
     and Workforce Improvement Act of 1998.
       ``(3) Use of fees for low-income scholarship program.--28.2 
     percent of the amounts deposited into the H-1B Nonimmigrant 
     Petitioner Account shall remain available to the Director of 
     the National Science Foundation until expended for 
     scholarships described in section 414(d) of the American 
     Competitiveness and Workforce Improvement Act of 1998 for 
     low-income students enrolled in a program of study leading to 
     a degree in mathematics, engineering, or computer science.
       ``(4) Additional nsf uses.--
       ``(A) Grants for mathematics, engineering, or science 
     enrichment courses.--4 percent of the amounts deposited into 
     the H-1B Nonimmigrant Petitioner Account shall remain 
     available to the Director of the National Science Foundation 
     until expended to make merit-reviewed grants, under section 
     3(a)(1) of the National Science Foundation Act of 1950 (42 
     U.S.C. 1862(a)(1)), for programs that provide opportunities 
     for enrollment in year-round academic enrichment courses in 
     mathematics, engineering, or science.
       ``(B) Systemic reform activities.--4 percent of the amounts 
     deposited into the H-1B Nonimmigrant Petitioner Account shall 
     remain available to the Director of the National Science 
     Foundation until expended to carry out systemic reform 
     activities administered by the National Science Foundation 
     under section 3(a)(1) of the National Science Foundation Act 
     of 1950 (42 U.S.C. 1862(a)(1)).
       ``(5) Use of fees for duties relating to petitions.--1.5 
     percent of the amounts deposited into the H-1B Nonimmigrant 
     Petitioner Account shall remain available to the Attorney 
     General until expended to carry out duties under paragraphs 
     (1) and (9) of section 214(c) related to petitions made for 
     nonimmigrants described in section 101(a)(15)(H)(i)(b), to 
     decrease the processing time for such petitions, and to carry 
     out duties under section 416 of the American Competitiveness 
     and Workforce Improvement Act of 1998. Such amounts shall be 
     available in addition to any other fees authorized to be 
     collected by the Attorney General with respect to such 
     petitions.
       ``(6) Use of fees for application processing and 
     enforcement.--For fiscal year 1999, 6 percent of the amounts 
     deposited into the H-1B Nonimmigrant Petitioner Account shall 
     remain available to the Secretary of Labor until expended for 
     decreasing the processing time for applications under section 
     212(n)(1) and for carrying out section 212(n)(2). Beginning 
     with fiscal year 2000, 3 percent of the amounts deposited 
     into the H-1B Nonimmigrant Petitioner Account

[[Page H11221]]

     shall remain available to the Secretary of Labor until 
     expended for decreasing the processing time for applications 
     under section 212(n)(1), and 3 percent of such amounts shall 
     remain available to such Secretary until expended for 
     carrying out section 212(n)(2). Notwithstanding the preceding 
     sentence, both of the amounts made available for any fiscal 
     year (beginning with fiscal year 2000) pursuant to the 
     preceding sentence shall be available to such Secretary, and 
     shall remain available until expended, only for decreasing 
     the processing time for applications under section 212(n)(1) 
     until the Secretary submits to the Congress a report 
     containing a certification that, during the most recently 
     concluded calendar year, the Secretary substantially 
     complied with the requirement in section 212(n)(1) 
     relating to the provision of the certification described 
     in section 101(a)(15)(H)(i)(b) within a 7-day period.''.
       (c) Demonstration Programs and Projects To Provide 
     Technical Skills Training for Workers.--
       (1) In general.--In establishing demonstration programs 
     under section 452(c) of the Job Training Partnership Act (29 
     U.S.C. 1732(c)), as in effect on the date of the enactment of 
     this Act, or demonstration programs or projects under section 
     171(b) of the Workforce Investment Act of 1998, the Secretary 
     of Labor shall use funds available under section 286(s)(2) to 
     establish demonstration programs or projects to provide 
     technical skills training for workers, including both 
     employed and unemployed workers.
       (2) Grants.--The Secretary of Labor shall award grants to 
     carry out the programs and projects described in paragraph 
     (1) to--
       (A)(i) private industry councils established under section 
     102 of the Job Training Partnership Act (29 U.S.C. 1512), as 
     in effect on the date of the enactment of this Act; or
       (ii) local boards that will carry out such programs or 
     projects through one-stop delivery systems established under 
     section 121 of the Workforce Investment Act of 1998; or
       (B) regional consortia of councils or local boards 
     described in subparagraph (A).
       (d) Low-Income Scholarship Program.--
       (1) Establishment.--The Director of the National Science 
     Foundation (referred to in this subsection as the 
     ``Director'') shall award scholarships to low-income 
     individuals to enable such individuals to pursue associate, 
     undergraduate, or graduate level degrees in mathematics, 
     engineering, or computer science.
       (2) Eligibility.--
       (A) In general.--To be eligible to receive a scholarship 
     under this subsection, an individual--
       (i) must be a citizen of the United States, a national of 
     the United States (as defined in section 101(a) of the 
     Immigration and Nationality Act), an alien admitted as a 
     refugee under section 207 of the Immigration and Nationality, 
     or an alien lawfully admitted to the United States for 
     permanent residence;
       (ii) shall prepare and submit to the Director an 
     application at such time, in such manner, and containing such 
     information as the Director may require; and
       (iii) shall certify to the Director that the individual 
     intends to use amounts received under the scholarship to 
     enroll or continue enrollment at an institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965) in order to pursue an associate, 
     undergraduate, or graduate level degree in mathematics, 
     engineering, or computer science.
       (B) Ability.--Awards of scholarships under this subsection 
     shall be made by the Director solely on the basis of the 
     ability of the applicant, except that in any case in which 2 
     or more applicants for scholarships are deemed by the 
     Director to be possessed of substantially equal ability, and 
     there are not sufficient scholarships available to grant one 
     to each of such applicants, the available scholarship or 
     scholarships shall be awarded to the applicants in a 
     manner that will tend to result in a geographically wide 
     distribution throughout the United States of recipients' 
     places of permanent residence.
       (3) Limitation.--The amount of a scholarship awarded under 
     this subsection shall be determined by the Director, except 
     that the Director shall not award a scholarship in an amount 
     exceeding $2,500 per year.
       (4) Funding.--The Director shall carry out this subsection 
     only with funds made available under section 286(s)(3) of the 
     Immigration and Nationality Act.

     SEC. 415. COMPUTATION OF PREVAILING WAGE LEVEL.

       (a) In General.--Section 212 (8 U.S.C. 1182) is amended by 
     adding at the end the following:
       ``(p)(1) In computing the prevailing wage level for an 
     occupational classification in an area of employment for 
     purposes of subsections (n)(1)(A)(i)(II) and (a)(5)(A) in the 
     case of an employee of--
       ``(A) an institution of higher education (as defined in 
     section 101(a) of the Higher Education Act of 1965), or a 
     related or affiliated nonprofit entity; or
       ``(B) a nonprofit research organization or a Governmental 
     research organization,
     the prevailing wage level shall only take into account 
     employees at such institutions and organizations in the area 
     of employment.
       ``(2) With respect to a professional athlete (as defined in 
     subsection (a)(5)(A)(iii)(II)) when the job opportunity is 
     covered by professional sports league rules or regulations, 
     the wage set forth in those rules or regulations shall be 
     considered as not adversely affecting the wages of United 
     States workers similarly employed and be considered the 
     prevailing wage.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     applies to prevailing wage computations made--
       (1) for applications filed on or after the date of the 
     enactment of this Act; and
       (2) for applications filed before such date, but only to 
     the extent that the computation is subject to an 
     administrative or judicial determination that is not final as 
     of such date.

     SEC. 416. IMPROVING COUNT OF H-1B AND H-2B NONIMMIGRANTS.

       (a) Ensuring Accurate Count.--The Attorney General shall 
     take such steps as are necessary to maintain an accurate 
     count of the number of aliens subject to the numerical 
     limitations of section 214(g)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)(1)) who are issued visas or 
     otherwise provided nonimmigrant status.
       (b) Revision of Petition Forms.--The Attorney General shall 
     take such steps as are necessary to revise the forms used for 
     petitions for visas or nonimmigrant status under clause 
     (i)(b) or (ii)(b) of section 101(a)(15)(H) of the Immigration 
     and Nationality Act (8 U.S.C. 1101(a)(15)(H)) so as to ensure 
     that the forms provide the Attorney General with sufficient 
     information to permit the Attorney General accurately to 
     count the number of aliens subject to the numerical 
     limitations of section 214(g)(1) of such Act (8 U.S.C. 
     1184(g)(1)) who are issued visas or otherwise provided 
     nonimmigrant status.
       (c) Provision of Information.--
       (1) Quarterly notification.--Beginning not later than 60 
     days after the first day of fiscal year 1999, the Attorney 
     General shall notify, on a quarterly basis, the Committees on 
     the Judiciary of the United States House of Representatives 
     and the Senate of the numbers of aliens who were issued visas 
     or otherwise provided nonimmigrant status under section 
     101(a)(15)(H)(i)(b) of the Immigration and Nationality Act 
     during the preceding 3-month period.
       (2) Annual submission.--Beginning with fiscal year 2000, 
     the Attorney General shall submit on an annual basis, to the 
     Committees on the Judiciary of the United States House of 
     Representatives and the Senate, information on the countries 
     of origin and occupations of, educational levels attained by, 
     and compensation paid to, aliens who were issued visas or 
     otherwise provided nonimmigrant status under section 
     101(a)(15)(H)(i)(b) of the Immigration and Nationality Act 
     during the previous fiscal year. With respect to the first 
     submission under this paragraph, the information shall relate 
     solely to aliens provided nonimmigrant status after the date 
     that is 60 days after the date on which final regulations are 
     issued to carry out section 412(a).
       (3) Specification of number of petitions filed by certain 
     employers.--Each notification under paragraph (1), and each 
     submission under paragraph (2), shall include the number of 
     aliens who were issued visas or otherwise provided 
     nonimmigrant status pursuant to petitions filed by 
     institutions or organizations described in section 212(p)(1) 
     of the Immigration and Nationality Act (as added by section 
     415 of this title).

     SEC. 417. REPORT ON OLDER WORKERS IN THE INFORMATION 
                   TECHNOLOGY FIELD.

       (a) Study.--The Director of the National Science Foundation 
     shall enter into a contract with the President of the 
     National Academy of Sciences to conduct a study, using the 
     best available data, assessing the status of older workers in 
     the information technology field. The study shall consider 
     the following:
       (1) The existence and extent of age discrimination in the 
     information technology workplace.
       (2) The extent to which there is a difference, based on 
     age, in--
       (A) promotion and advancement;
       (B) working hours;
       (C) telecommuting;
       (D) salary; and
       (E) stock options, bonuses, and other benefits.
       (3) The relationship between rates of advancement, 
     promotion, and compensation to experience, skill level, 
     education, and age.
       (4) Differences in skill level on the basis of age.
       (b) Report.--Not later than October 1, 2000, the Director 
     of the National Science Foundation shall submit to the 
     Committees on the Judiciary of the United States House of 
     Representatives and the Senate a report containing the 
     results of the study described in subsection (a).

     SEC. 418. REPORT ON HIGH TECHNOLOGY LABOR MARKET NEEDS; 
                   REPORTS ON ECONOMIC IMPACT OF INCREASE IN H-1B 
                   NONIMMIGRANTS.

       (a) National Science Foundation Study and Report.--
       (1) In general.--The Director of the National Science 
     Foundation shall conduct a study to assess labor market needs 
     for workers with high technology skills during the next 10 
     years. The study shall investigate and analyze the following:
       (A) Future training and education needs of companies in the 
     high technology and information technology sectors and future 
     training and education needs of United States students to 
     ensure that students' skills at various levels are matched to 
     the needs in such sectors.
       (B) An analysis of progress made by educators, employers, 
     and government entities to improve the teaching and 
     educational level of American students in the fields of math, 
     science, computer science, and engineering since 1998.
       (C) An analysis of the number of United States workers 
     currently or projected to work overseas in professional, 
     technical, and managerial capacities.
       (D) The relative achievement rates of United States and 
     foreign students in secondary schools in a variety of 
     subjects, including math, science, computer science, English, 
     and history.
       (E) The relative performance, by subject area, of United 
     States and foreign students in postsecondary and graduate 
     schools as compared to secondary schools.

[[Page H11222]]

       (F) The needs of the high technology sector for foreign 
     workers with specific skills and the potential benefits and 
     costs to United States employers, workers, consumers, 
     postsecondary educational institutions, and the United States 
     economy, from the entry of skilled foreign professionals in 
     the fields of science and engineering.
       (G) The needs of the high technology sector to adapt 
     products and services for export to particular local markets 
     in foreign countries.
       (H) An examination of the amount and trend of moving the 
     production or performance of products and services now 
     occurring in the United States abroad.
       (2) Report.--Not later than October 1, 2000, the Director 
     of the National Science Foundation shall submit to the 
     Committees on the Judiciary of the United States House of 
     Representatives and the Senate a report containing the 
     results of the study described in paragraph (1).
       (3) Involvement.--The study under paragraph (1) shall be 
     conducted in a manner that ensures the participation of 
     individuals representing a variety of points of view.
       (b) Reporting on Studies Showing Economic Impact of H-1B 
     Nonimmigrant Increase.--The Chairman of the Board of 
     Governors of the Federal Reserve System, the Director of the 
     Office of Management and Budget, the Chair of the Council of 
     Economic Advisers, the Secretary of the Treasury, the 
     Secretary of Commerce, the Secretary of Labor, and any other 
     member of the Cabinet, shall promptly report to the Congress 
     the results of any reliable study that suggests, based on 
     legitimate economic analysis, that the increase effected by 
     section 411(a) of this title in the number of aliens who may 
     be issued visas or otherwise provided nonimmigrant status 
     under section 101(a)(15)(H)(i)(b) of the Immigration and 
     Nationality Act has had an impact on any national economic 
     indicator, such as the level of inflation or unemployment, 
     that warrants action by the Congress.

    Subtitle B--Special Immigrant Status for Certain NATO Civilian 
                               Employees

     SEC. 421. SPECIAL IMMIGRANT STATUS FOR CERTAIN NATO CIVILIAN 
                   EMPLOYEES.

       (a) In General.--Section 101(a)(27) (8 U.S.C. 1101(a)(27)) 
     is amended--
       (1) by striking ``or'' at the end of subparagraph (J);
       (2) by striking the period at the end of subparagraph (K) 
     and inserting ``; or''; and
       (3) by adding at the end the following new subparagraph:
       ``(L) an immigrant who would be described in clause (i), 
     (ii), (iii), or (iv) of subparagraph (I) if any reference in 
     such a clause--
       ``(i) to an international organization described in 
     paragraph (15)(G)(i) were treated as a reference to the North 
     Atlantic Treaty Organization (NATO);
       ``(ii) to a nonimmigrant under paragraph (15)(G)(iv) were 
     treated as a reference to a nonimmigrant classifiable under 
     NATO-6 (as a member of a civilian component accompanying a 
     force entering in accordance with the provisions of the NATO 
     Status-of-Forces Agreement, a member of a civilian component 
     attached to or employed by an Allied Headquarters under the 
     `Protocol on the Status of International Military 
     Headquarters' set up pursuant to the North Atlantic Treaty, 
     or as a dependent); and
       ``(iii) to the Immigration Technical Corrections Act of 
     1988 or to the Immigration and Nationality Technical 
     Corrections Act of 1994 were a reference to the American 
     Competitiveness and Workforce Improvement Act of 1998.''.
       (b) Conforming Nonimmigrant Status for Certain Parents of 
     Special Immigrant Children.--Section 101(a)(15)(N) (8 U.S.C. 
     1101(a)(15)(N)) is amended--
       (1) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)(i)''; and
       (2) by inserting ``(or under analogous authority under 
     paragraph (27)(L))'' after ``(27)(I)''.

                  Subtitle C--Miscellaneous Provision

     SEC. 431. ACADEMIC HONORARIA.

       (a) In General.--Section 212 (8 U.S.C. 1182), as amended by 
     section 415, is further amended by adding at the end the 
     following:
       ``(q) Any alien admitted under section 101(a)(15)(B) may 
     accept an honorarium payment and associated incidental 
     expenses for a usual academic activity or activities (lasting 
     not longer than 9 days at any single institution), as defined 
     by the Attorney General in consultation with the Secretary of 
     Education, if such payment is offered by an institution or 
     organization described in subsection (p)(1) and is made for 
     services conducted for the benefit of that institution or 
     entity and if the alien has not accepted such payment or 
     expenses from more than 5 institutions or organizations in 
     the previous 6-month period.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to activities occurring on or after the date of 
     the enactment of this Act.

                 TITLE V--SALTON SEA FEASIBILITY STUDY

       (a) In General.--No later than January 1, 2000, the 
     Secretary of the Interior, in accordance with this section, 
     shall complete all feasibility studies and cost analyses for 
     the options set forth in subsection (b)(2)(A) necessary for 
     Congress to fully evaluate such options.
       (b) Feasibility Study.--
       (1) In general.--
       (A) The Secretary shall complete all studies, including, 
     but not limited to environmental and other reviews, of the 
     feasibility and benefit-cost of various options that permit 
     the continued use of the Salton Sea as a reservoir for 
     irrigation drainage and (1) reduce and stabilize the overall 
     salinity of the Salton Sea, (2) stabilize the surface 
     elevation of the Salton Sea, (3) reclaim, in the long term, 
     healthy fish and wildlife resources and their habitats, and 
     (4) enhance the potential for recreational uses and economic 
     development of the Salton Sea.
       (B) Based solely on whatever information is available at 
     the time of submission of the report, the Secretary shall (1) 
     identify any options he deems economically feasible and cost 
     effective, (2) identify any additional information necessary 
     to develop construction specifications, and (3) submit any 
     recommendations, along with the results of the study to the 
     Committees no later than January 1, 2000.
       (i) The Secretary shall carry out the feasibility study in 
     accordance with a memorandum of understanding entered into by 
     the Secretary, the Salton Sea Authority, and the Governor of 
     California.
       (ii) The memorandum of understanding shall, at a minimum, 
     establish criteria for evaluation and selection of options 
     under subparagraph (2)(A), including criteria for determining 
     benefits and the magnitude and practicability of costs of 
     construction, operation, and maintenance of each option 
     evaluated.
       (2) Options to be considered.--Options considered in the 
     feasibility study--
       (A) shall consist of, but need not be limited to--
       (i) use of impoundments to segregate a portion of the 
     waters of the Salton Sea in one or more evaporation ponds 
     located in the Salton Sea basin;
       (ii) pumping water out of the Salton Sea;
       (iii) augmented flows of water into the Salton Sea;
       (iv) a combination of the options referred to in clauses 
     (i), (ii), and (iii); and
       (v) any other economically feasible remediation option the 
     Secretary considers appropriate and for which feasibility 
     analyses and cost estimates can be completed by January 1, 
     2000;
       (B) shall be limited to proven technologies; and
       (C) shall not include any option that--
       (i) relies on the importation of any new or additional 
     water from the Colorado River; or
       (ii) is inconsistent with the provisions of subsection (c).
       (3) Assumptions.--In evaluating options, the Secretary 
     shall apply assumptions regarding water inflows into the 
     Salton Sea Basin that encourage water conservation, account 
     for transfers of water out of the Salton Sea Basin, and are 
     based on a maximum likely reduction in inflows into the 
     Salton Sea Basin which could be 800,000 acre-feet or less per 
     year.
       (4) Consideration of costs.--In evaluating the feasibility 
     of options, the Secretary shall consider the ability of 
     Federal, tribal, State and local government sources and 
     private sources to fund capital construction costs and annual 
     operation, maintenance, energy, and replacement costs and 
     shall set forth the basis for any cost sharing allocations as 
     well as anticipated repayment, if any, of federal 
     contributions.
       (c) Relationship to Other Law.--
       (1) Reclamation laws.--Activities authorized by this title 
     shall not be subject to the Act of June 17, 1902 (32 Stat. 
     388; 43 U.S.C. 391 et seq.), and Acts amendatory thereof and 
     supplemental thereto. Amounts expended for those activities 
     shall be considered nonreimbursable for purposes of those 
     laws and shall not be considered to be a supplemental or 
     additional benefit for purposes of the Reclamation Reform Act 
     of 1982 (96 Stat. 1263; 43 U.S.C. 390aa et seq.).
       (2) Preservation of rights and obligations with respect to 
     the colorado river.--This Act shall not be considered to 
     supersede or otherwise affect any treaty, law, decree, 
     contract, or agreement governing use of water from the 
     Colorado River. All activities taken under this Act must be 
     carried out in a manner consistent with rights and 
     obligations of persons under those treaties, laws, decrees, 
     contracts, and agreements.

  TITLE VI--CHEYENNE RIVER SIOUX TRIBE, LOWER BRULE SIOUX TRIBE, AND 
     STATE OF SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT RESTORATION

     SEC. 601. DEFINITIONS.

       In this title, the following definitions apply:
       (1) Restoration.--The term ``restoration'' means mitigation 
     of the habitat of wildlife.
       (2) Terrestrial wildlife habitat.--The term ``terrestrial 
     wildlife habitat'' means a habitat for a wildlife species 
     (including game and nongame species) that existed or exists 
     on an upland habitat (including a prairie grassland, 
     woodland, bottom land forest, scrub, or shrub) or an emergent 
     wetland habitat.
       (3) Wildlife.--The term ``wildlife'' has the meaning given 
     the term in section 8 of the Fish and Wildlife Coordination 
     Act (16 U.S.C. 666b).

     SEC. 602. TERRESTRIAL WILDLIFE HABITAT RESTORATION.

       (a) Terrestrial Wildlife Habitat Restoration Plans.--
       (1) In general.--In accordance with this subsection and in 
     consultation with the Secretary and the Secretary of the 
     Interior, the State of South Dakota, the Cheyenne River Sioux 
     Tribe, and the Lower Brule Sioux Tribe shall, as a condition 
     of the receipt of funds under this title, each develop a plan 
     for the restoration of terrestrial wildlife habitat loss that 
     occurred as a result of flooding related to the Big Bend and 
     Oahe projects carried out as part of the Pick-Sloan Missouri 
     River Basin program.
       (2) Submission of plan to secretary.--On completion of a 
     plan for terrestrial wildlife habitat restoration, the State 
     of South Dakota, the Cheyenne River Sioux Tribe, and the 
     Lower Brule Sioux Tribe shall submit the plan to the 
     Secretary.
       (3) Review by secretary and submission to committees.--The 
     Secretary shall review the plan and submit the plan, with any 
     comments, to the appropriate committees of the Senate and the 
     House of Representatives.

[[Page H11223]]

       (4) Funding for carrying out plans.--
       (A) State of south dakota.--
       (i) Notification.--On receipt of the plan for terrestrial 
     wildlife habitat restoration submitted by the State of South 
     Dakota, each of the Committees referred to in paragraph (3) 
     shall notify the Secretary of the Treasury of the receipt of 
     the plan.
       (ii) Availability of funds.--On notification in accordance 
     with clause (i), the Secretary of the Treasury shall make 
     available to the State of South Dakota funds from the South 
     Dakota Terrestrial Wildlife Habitat Restoration Trust Fund 
     established under section 803, to be used to carry out the 
     plan for terrestrial wildlife habitat restoration submitted 
     by the State and only after the Trust Fund is fully 
     capitalized.
       (B) Cheyenne river sioux tribe and lower brule sioux 
     tribe.--
       (i) Notification.--On receipt of the plan for terrestrial 
     wildlife habitat restoration submitted by the Cheyenne River 
     Sioux Tribe and the Lower Brule Sioux Tribe, each of the 
     Committees referred to in paragraph (3) shall notify the 
     Secretary of the Treasury of the receipt of each of the 
     plans.
       (ii) Availability of funds.--On notification in accordance 
     with clause (i), the Secretary of the Treasury shall make 
     available to the Cheyenne River Sioux Tribe and the Lower 
     Brule Sioux Tribe funds from the Cheyenne River Sioux 
     Tribe Terrestrial Wildlife Habitat Restoration Trust Fund 
     and the Lower Brule Sioux Tribe Terrestrial Wildlife 
     Habitat Restoration Trust Fund, respectively, established 
     under section 804, to be used to carry out the plan for 
     terrestrial wildlife habitat restoration submitted by the 
     Cheyenne River Sioux Tribe and the Lower Brule Sioux 
     Tribe, respectively, and only after the Trust Fund is 
     fully capitalized.
       (C) Transition period.--
       (i) In general.--During the period described in clause 
     (ii), the Secretary shall--

       (I) fund the terrestrial wildlife habitat restoration 
     programs being carried out on the date of enactment of this 
     Act on Oahe and Big Bend project land and the plans 
     established under this section at a level that does not 
     exceed the highest amount of funding that was provided for 
     the programs during a previous fiscal year; and
       (II) fund the activities described in sections 803(d)(3) 
     and 804(d)(3).

       (ii) Period.--Clause (i) shall apply during the period--

       (I) beginning on the date of enactment of this Act; and
       (II) ending on the date on which funds are made available 
     for use from the South Dakota Terrestrial Wildlife Habitat 
     Restoration Trust Fund under section 803(d)(3)(A)(i) and the 
     Cheyenne River Sioux Tribe Terrestrial Wildlife Habitat 
     Restoration Trust Fund and the Lower Brule Sioux Tribe 
     Terrestrial Wildlife Habitat Restoration Trust Fund under 
     section 804(d)(3)(A)(i).

       (b) Programs for the Purchase of Wildlife Habitat Leases.--
       (1) In general.--The State of South Dakota may use funds 
     made available under section 803(d)(3)(A)(iii) to develop a 
     program for the purchase of wildlife habitat leases that 
     meets the requirements of this subsection.
       (2) Development of a plan.--
       (A) In general.--If the State of South Dakota, the Cheyenne 
     River Sioux Tribe, or the Lower Brule Sioux Tribe elects to 
     conduct a program under this subsection, the State of South 
     Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule 
     Sioux Tribe (in consultation with the United States Fish and 
     Wildlife Service and the Secretary and with an opportunity 
     for public comment) shall develop a plan to lease land for 
     the protection and development of wildlife habitat, including 
     habitat for threatened and endangered species, associated 
     with the Missouri River ecosystem.
       (B) Use for program.--The plan shall be used by the State 
     of South Dakota, the Cheyenne River Sioux Tribe, or the Lower 
     Brule Sioux Tribe in carrying out the program carried out 
     under paragraph (1).
       (3) Conditions of leases.--Each lease covered under a 
     program carried out under paragraph (1) shall specify that 
     the owner of the property that is subject to the lease shall 
     provide--
       (A) public access for sportsmen during hunting season; and
       (B) public access for other outdoor uses covered under the 
     lease, as negotiated by the landowner and the State of South 
     Dakota, the Cheyenne River Sioux Tribe, or the Lower Brule 
     Sioux Tribe.
       (4) Use of assistance.--
       (A) State of south dakota.--If the State of South Dakota 
     conducts a program under this subsection, the State may use 
     funds made available under section 803(d)(3)(A)(iii) to--
       (i) acquire easements, rights-of-way, or leases for 
     management and protection of wildlife habitat, including 
     habitat for threatened and endangered species, and public 
     access to wildlife on private property in the State of South 
     Dakota;
       (ii) create public access to Federal or State land through 
     the purchase of easements or rights-of-way that traverse such 
     private property; or
       (iii) lease land for the creation or restoration of a 
     wetland on such private property.
       (B) Cheyenne river sioux tribe and lower brule sioux 
     tribe.--If the Cheyenne River Sioux Tribe or the Lower Brule 
     Sioux Tribe conducts a program under this subsection, the 
     Tribe may use funds made available under section 
     804(d)(3)(A)(iii) for the purposes described in subparagraph 
     (A).
       (c) Federal Obligation for Terrestrial Wildlife Habitat 
     Mitigation for the Big Bend and Oahe Projects in South 
     Dakota.--The establishment of the trust funds under sections 
     803 and 804 and the development and implementation of plans 
     for terrestrial wildlife habitat restoration developed by the 
     State of South Dakota, the Cheyenne River Sioux Tribe, and 
     the Lower Brule Sioux Tribe in accordance with this section 
     shall be considered to satisfy the Federal obligation under 
     the Fish and Wildlife Coordination Act (16 U.S.C. 661 et 
     seq.) for terrestrial wildlife habitat mitigation for the 
     State of South Dakota, the Cheyenne River Sioux Tribe, and 
     the Lower Brule Sioux Tribe for the Big Bend and Oahe 
     projects carried out as part of the Pick-Sloan Missouri River 
     Basin program.

     SEC. 603. SOUTH DAKOTA TERRESTRIAL WILDLIFE HABITAT 
                   RESTORATION TRUST FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the ``South Dakota 
     Terrestrial Wildlife Habitat Restoration Trust Fund'' 
     (referred to in this section as the ``Fund'').
       (b) Funding.--For the fiscal year during which this Act is 
     enacted and each fiscal year thereafter until the aggregate 
     amount deposited in the Fund under this subsection is equal 
     to at least $108,000,000, the Secretary of the Treasury shall 
     deposit $10,000,000 in the Fund.
       (c) Investments.--The Secretary of the Treasury shall 
     invest the amounts deposited under subsection (b) only in 
     interest-bearing obligations of the United States or in 
     obligations guaranteed by the United States as to both 
     principal and interest.
       (d) Payments.--
       (1) In general.--All amounts credited as interest under 
     subsection (c) shall be available, without fiscal year 
     limitation, to the State of South Dakota for use in 
     accordance with paragraph (3) after the Fund has been fully 
     capitalized.
       (2) Withdrawal and transfer of funds.--Subject to section 
     802(a)(4)(A), the Secretary of the Treasury shall withdraw 
     amounts credited as interest under paragraph (1) and transfer 
     the amounts to the State of South Dakota for use as State 
     funds in accordance with paragraph (3) after the Fund has 
     been fully capitalized.
       (3) Use of transferred funds.--
       (A) In general.--Subject to subparagraph (B), the State of 
     South Dakota shall use the amounts transferred under 
     paragraph (2) only to--
       (i) fully fund the annually scheduled work described in the 
     terrestrial wildlife habitat restoration plan of the State 
     developed under section 802(a); and
       (ii) with any remaining funds--

       (I) protect archaeological, historical, and cultural sites 
     located along the Missouri River on land transferred to the 
     State;
       (II) fund all costs associated with the ownership, 
     management, operation, administration, maintenance, and 
     development of recreation areas and other lands that are 
     transferred to the State of South Dakota by the Secretary;

       (III) purchase and administer wildlife habitat leases under 
     section 802(b);
       (IV) carry out other activities described in section 802; 
     and
       (V) develop and maintain public access to, and protect, 
     wildlife habitat and recreation areas along the Missouri 
     River.

       (B) Prohibition.--The amounts transferred under paragraph 
     (2) shall not be used for the purchase of land in fee title.
       (e) Transfers and Withdrawals.--Except as provided in 
     subsection (d), the Secretary of the Treasury may not 
     transfer or withdraw any amount deposited under subsection 
     (b).
       (f) Administrative Expenses.--There are authorized to be 
     appropriated to the Secretary of the Treasury such sums as 
     are necessary to pay the administrative expenses of the Fund.

     SEC. 604. CHEYENNE RIVER SIOUX TRIBE AND LOWER BRULE SIOUX 
                   TRIBE TERRESTRIAL WILDLIFE HABITAT RESTORATION 
                   TRUST FUNDS.

       (a) Establishment.--There are established in the Treasury 
     of the United States 2 funds to be known as the ``Cheyenne 
     River Sioux Tribe Terrestrial Wildlife Restoration Trust 
     Fund'' and the ``Lower Brule Sioux Tribe Terrestrial Wildlife 
     Habitat Restoration Trust Fund'' (each of which is referred 
     to in this section as a ``Fund'').
       (b) Funding.--
       (1) In general.--Subject to paragraph (2), for the fiscal 
     year during which this Act is enacted and each fiscal year 
     thereafter until the aggregate amount deposited in the Funds 
     under this subsection is equal to at least $57,400,000, the 
     Secretary of the Treasury shall deposit $5,000,000 in the 
     Funds.
       (2) Allocation.--Of the total amount of funds deposited 
     into the Funds for a fiscal year, the Secretary of the 
     Treasury shall deposit--
       (A) 74 percent of the funds into the Cheyenne River Sioux 
     Tribe Terrestrial Wildlife Restoration Trust Fund; and
       (B) 26 percent of the funds into the Lower Brule Sioux 
     Tribe Terrestrial Wildlife Habitat Restoration Trust Fund.
       (c) Investments.--The Secretary of the Treasury shall 
     invest the amounts deposited under subsection (b) only in 
     interest-bearing obligations of the United States or in 
     obligations guaranteed as to both principal and interest by 
     the United States.
       (d) Payments.--
       (1) In general.--All amounts credited as interest under 
     subsection (c) shall be available after the Trust Funds are 
     fully capitalized, without fiscal year limitation, to the 
     Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe 
     for their use in accordance with paragraph (3).
       (2) Withdrawal and transfer of funds.--Subject to section 
     802(a)(4)(B), the Secretary of the Treasury shall withdraw 
     amounts credited as interest under paragraph (1) and transfer 
     the amounts to the Cheyenne River Sioux Tribe and the Lower 
     Brule Sioux Tribe for use in accordance with paragraph (3).

[[Page H11224]]

       (3) Use of transferred funds.--
       (A) In general.--Subject to subparagraph (B), the Cheyenne 
     River Sioux Tribe and the Lower Brule Sioux Tribe shall use 
     the amounts transferred under paragraph (2) only to--
       (i) fully fund the annually scheduled work described in the 
     terrestrial wildlife habitat restoration plan of the 
     respective Tribe developed under section 802(a); and
       (ii) with any remaining funds--

       (I) protect archaeological, historical, and cultural sites 
     located along the Missouri River on land transferred to the 
     respective Tribe;
       (II) fund all costs associated with the ownership, 
     management, operation, administration, maintenance, and 
     development of recreation areas and other lands that are 
     transferred to the respective Tribe by the Secretary;
       (III) purchase and administer wildlife habitat leases under 
     section 802(b);
       (IV) carry out other activities described in section 802; 
     and
       (V) develop and maintain public access to, and protect, 
     wildlife habitat and recreation areas along the Missouri 
     River.

       (B) Prohibition.--The amounts transferred under paragraph 
     (2) shall not be used for the purchase of land in fee title.
       (e) Transfers and Withdrawals.--Except as provided in 
     subsection (d), the Secretary of the Treasury may not 
     transfer or withdraw any amount deposited under subsection 
     (b).
       (f) Administrative Expenses.--There are authorized to be 
     appropriated to the Secretary of the Treasury such sums as 
     are necessary to pay the administrative expenses of the Fund.

     SEC. 605. TRANSFER OF FEDERAL LAND TO STATE OF SOUTH DAKOTA.

       (a) In General.--
       (1) Transfer.--
       (A) In general.--The Secretary shall transfer to the 
     Department of Game, Fish and Parks of the State of South 
     Dakota (referred to in this section as the ``Department'') 
     the land and recreation areas described in subsections (b) 
     and (c) for fish and wildlife purposes, or public recreation 
     uses, in perpetuity.
       (B) Permits, rights-of-way, and easements.--All permits, 
     rights-of-way, and easements granted by the Secretary to the 
     Oglala Sioux Tribe for land on the west side of the Missouri 
     River between the Oahe Dam and Highway 14, and all permits, 
     rights-of-way, and easements on any other land administered 
     by the Secretary and used by the Oglala Sioux Rural Water 
     Supply System, are granted to the Oglala Sioux Tribe in 
     perpetuity to be held in trust under section 3(e) of the Mni 
     Wiconi Project Act of 1988 (102 Stat. 2568).
       (2) Uses.--The Department shall maintain and develop the 
     land outside the recreation areas for fish and wildlife 
     purposes in accordance with--
       (A) fish and wildlife purposes in effect on the date of 
     enactment of this Act; or
       (B) a plan developed under section 802.
       (3) Corps of engineers.--The transfer shall not interfere 
     with the Corps of Engineers operation of a project under this 
     section for an authorized purpose of the project under the 
     Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 
     U.S.C. 701-1 et seq.), or other applicable law.
       (4) Secretary.--The Secretary shall retain the right to 
     inundate with water the land transferred to the Department 
     under this section or draw down a project reservoir, as 
     necessary to carry out an authorized purpose of a project.
       (b) Land Transferred.--The land described in this 
     subsection is land that--
       (1) is located above the top of the exclusive flood pool of 
     the Oahe, Big Bend, Fort Randall, and Gavin's Point projects 
     of the Pick-Sloan Missouri River Basin program;
       (2) was acquired by the Secretary for the implementation of 
     the Pick-Sloan Missouri River Basin program;
       (3) is located outside the external boundaries of a 
     reservation of an Indian Tribe; and
       (4) is located within the State of South Dakota.
       (c) Recreation Areas Transferred.--A recreation area 
     described in this section includes the land and waters within 
     a recreation area that--
       (1) the Secretary determines, at the time of the transfer, 
     is a recreation area classified for recreation use by the 
     Corps of Engineers on the date of enactment of this Act;
       (2) is located outside the external boundaries of a 
     reservation of an Indian Tribe;
       (3) is located within the State of South Dakota;
       (4) is not the recreation area known as ``Cottonwood'', 
     ``Training Dike'', or ``Tailwaters''; and
       (5) is located below Gavin's Point Dam in the State of 
     South Dakota in accordance with boundary agreements and 
     reciprocal fishing agreements between the State of South 
     Dakota and the State of Nebraska in effect on the date of 
     enactment of this Act, which agreements shall continue to be 
     honored by the State of South Dakota as the agreements apply 
     to any land or recreation areas transferred under this title 
     to the State of South Dakota below Gavin's Point Dam and on 
     the waters of the Missouri River.
       (d) Map.--
       (1) In general.--The Secretary, in consultation with the 
     Department, shall prepare a map of the land and recreation 
     areas transferred under this section.
       (2) Land.--The map shall identify--
       (A) land reasonably expected to be required for project 
     purposes during the 20-year period beginning on the date of 
     enactment of this Act; and
       (B) dams and related structures;
     which shall be retained by the Secretary.
       (3) Availability.--The map shall be on file in the 
     appropriate offices of the Secretary.
       (e) Schedule for Transfer.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of the Army and the 
     Secretary of the Department shall jointly develop a schedule 
     for transferring the land and recreation areas under this 
     section.
       (2) Transfer deadline.--All land and recreation areas shall 
     be transferred not later than 1 year after the full 
     capitalization of the Trust Fund described in section 803.
       (f) Transfer Conditions.--The land and recreation areas 
     described in subsections (b) and (c) shall be transferred in 
     fee title to the Department on the following conditions:
       (1) Responsibility for damage.--The Secretary shall not be 
     responsible for any damage to the land caused by flooding, 
     sloughing, erosion, or other changes to the land caused by 
     the operation of any project of the Pick-Sloan Missouri River 
     Basin program (except as otherwise provided by Federal law).
       (2) Easements, rights-of-way, leases, and cost-sharing 
     agreements.--The Department shall maintain all easements, 
     rights-of-way, leases, and cost-sharing agreements that are 
     in effect as of the date of the transfer.
       (g) Hunting and Fishing.--
       (1) In general.--Nothing in this title affects jurisdiction 
     over the land and water below the exclusive flood pool of the 
     Missouri River within the State of South Dakota, including 
     affected Indian reservations. The State of South Dakota, the 
     Lower Brule Sioux Tribe, and the Cheyenne River Sioux Tribe 
     shall continue in perpetuity to exercise the jurisdiction the 
     State and Tribes possess on the date of enactment of this 
     Act.
       (2) No effect on respective jurisdictions.--The Secretary 
     may not adopt any regulation or otherwise affect the 
     respective jurisdictions of the State of South Dakota, the 
     Lower Brule River Sioux Tribe, or the Cheyenne River Sioux 
     Tribe described in paragraph (1).
       (h) Applicability of Law.--Notwithstanding any other 
     provision of this Act, the following provisions of law shall 
     apply to land transferred under this section:
       (1) The National Historic Preservation Act (16 U.S.C. 470 
     et seq.), including sections 106 and 304 of that Act (16 
     U.S.C. 470f, 470w-3).
       (2) The Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.), including sections 4, 6, 7, and 9 of 
     that Act (16 U.S.C. 470cc, 470ee, 470ff, 470hh).
       (3) The Native American Graves Protection Act and 
     Repatriation Act (25 U.S.C. 3001 et seq.), including 
     subsections (a) and (d) of section 3 of that Act (25 U.S.C. 
     3003).

     SEC. 606. TRANSFER OF CORPS OF ENGINEERS LAND FOR INDIAN 
                   TRIBES.

       (a) In General.--
       (1) Transfer.--The Secretary of the Army shall transfer to 
     the Secretary of the Interior the land and recreation areas 
     described in subsections (b) and (c).
       (2) Corps of engineers.--The transfer shall not interfere 
     with the Corps of Engineers operation of a project under this 
     section for an authorized purpose of the project under the 
     Act of December 22, 1944 (58 Stat. 887, chapter 665; 33 
     U.S.C. 701-1 et seq.), or other applicable law.
       (3) Secretary of the army.--The Secretary of the Army shall 
     retain the right to inundate with water the land transferred 
     to the Secretary of the Interior under this section or draw 
     down a project reservoir, as necessary to carry out an 
     authorized purpose of a project.
       (4) Trust.--The Secretary of the Interior shall hold in 
     trust for the Cheyenne River Sioux Tribe and the Lower Brule 
     Sioux Tribe the land transferred under this section that is 
     located within the external boundaries of the reservation of 
     the Indian Tribes.
       (b) Land Transferred.--The land described in this 
     subsection is land that--
       (1) is located above the top of the exclusive flood pool of 
     the Big Bend and Oahe projects of the Pick-Sloan Missouri 
     River Basin program;
       (2) was acquired by the Secretary of the Army for the 
     implementation of the Pick-Sloan Missouri River Basin 
     program; and
       (3) is located within the external boundaries of the 
     reservation of the Cheyenne River Sioux Tribe and the Lower 
     Brule Sioux Tribe.
       (c) Recreation Areas Transferred.--A recreation area 
     described in this section includes the land and waters within 
     a recreation area that--
       (1) the Secretary determines, at the time of the transfer, 
     is a recreation area classified for recreation use by the 
     Corps of Engineers on the date of enactment of this Act;
       (2) is located within the external boundaries of a 
     reservation of an Indian Tribe; and
       (3) is located within the State of South Dakota.
       (d) Map.--
       (1) In general.--The Secretary, in consultation with the 
     governing bodies of the Cheyenne River Sioux Tribe and the 
     Lower Brule Sioux Tribe, shall prepare a map of the land 
     transferred under this section.
       (2) Land.--The map shall identify--
       (A) land reasonably expected to be required for project 
     purposes during the 20-year period beginning on the date of 
     enactment of this Act; and
       (B) dams and related structures;
     which shall be retained by the Secretary.
       (3) Availability.--The map shall be on file in the 
     appropriate offices of the Secretary.
       (e) Schedule for Transfer.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary and the Chairmen of the 
     Cheyenne River Sioux Tribe and the Lower Brule Sioux Tribe 
     shall jointly develop a schedule for transferring the land 
     and recreation areas under this section.
       (2) Transfer deadline.--All land and recreation areas shall 
     be transferred not later than 1 year after the full 
     capitalization of the State and tribal Trust Fund described 
     in section 804.
       (f) Transfer Conditions.--The land and recreation areas 
     described in subsections (b) and (c) shall be transferred to, 
     and held in trust by,

[[Page H11225]]

     the Secretary of the Interior on the following conditions:
       (1) Responsibility for damage.--The Secretary shall not be 
     responsible for any damage to the land caused by flooding, 
     sloughing, erosion, or other changes to the land caused by 
     the operation of any project of the Pick-Sloan Missouri River 
     Basin program (except as otherwise provided by Federal law).
       (2) Hunting and fishing.--Nothing in this title affects 
     jurisdiction over the land and waters below the exclusive 
     flood pool and within the external boundaries of the Cheyenne 
     River Sioux Tribe and Lower Brule Sioux Tribe reservations. 
     The State of South Dakota, the Lower Brule Sioux Tribe, and 
     the Cheyenne River Sioux Tribe shall continue to exercise, in 
     perpetuity, the jurisdiction they possess on the date of 
     enactment of this Act with regard to those lands and waters. 
     The Secretary may not adopt any regulation or otherwise 
     affect the respective jurisdictions of the State of South 
     Dakota, the Lower Brule River Sioux Tribe, or the Cheyenne 
     River Sioux Tribe described in the preceding sentence. 
     Jurisdiction over the land transferred under this section 
     shall be the same as that over other land held in trust by 
     the Secretary of the Interior on the Cheyenne River Sioux 
     Tribe reservation and the Lower Brule Sioux Tribe 
     reservation.
       (3) Easements, rights-of-way, leases, and cost-sharing 
     agreements.--
       (A) Maintenance.--The Secretary of the Interior shall 
     maintain all easements, rights-of-way, leases, and cost-
     sharing agreements that are in effect as of the date of the 
     transfer.
       (B) Payments to county.--The Secretary of the Interior 
     shall pay any affected county 100 percent of the receipts 
     from the easements, rights-of-way, leases, and cost-sharing 
     agreements described in subparagraph (A).

     SEC. 607. ADMINISTRATION.

       (a) In General.--Nothing in this title diminishes or 
     affects--
       (1) any water right of an Indian Tribe;
       (2) any other right of an Indian Tribe, except as 
     specifically provided in another provision of this title;
       (3) any treaty right that is in effect on the date of 
     enactment of this Act;
       (4) any external boundary of an Indian reservation of an 
     Indian Tribe;
       (5) any authority of the State of South Dakota that relates 
     to the protection, regulation, or management of fish, 
     terrestrial wildlife, and cultural and archaeological 
     resources, except as specifically provided in this title; or
       (6) any authority of the Secretary, the Secretary of the 
     Interior, or the head of any other Federal agency under a law 
     in effect on the date of enactment of this Act, including--
       (A) the National Historic Preservation Act (16 U.S.C. 470 
     et seq.);
       (B) the Archaeological Resources Protection Act of 1979 (16 
     U.S.C. 470aa et seq.);
       (C) the Fish and Wildlife Coordination Act (16 U.S.C. 661 
     et seq.);
       (D) the Act entitled ``An Act for the protection of the 
     bald eagle'', approved June 8, 1940 (16 U.S.C. 668 et seq.);
       (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
       (F) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (G) the Native American Graves Protection and Repatriation 
     Act (25 U.S.C. 3001 et seq.);
       (H) the Federal Water Pollution Control Act (commonly known 
     as the ``Clean Water Act'') (33 U.S.C. 1251 et seq.);
       (I) the Safe Drinking Water Act (42 U.S.C. 300f et seq.); 
     and
       (J) the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.).
       (b) Federal Liability for Damage.--Nothing in this title 
     relieves the Federal Government of liability for damage to 
     private land caused by the operation of the Pick-Sloan 
     Missouri River Basin program.
       (c) Flood Control.--Notwithstanding any other provision of 
     this title, the Secretary shall retain the authority to 
     operate the Pick-Sloan Missouri River Basin program for 
     purposes of meeting the requirements of the Act of December 
     22, 1944 (58 Stat. 887, chapter 665; 33 U.S.C. 701-1 et 
     seq.).

     SEC. 608. STUDY.

       (a) In General.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall arrange for the 
     United States Geological Survey, in consultation with the 
     Bureau of Indian Affairs and other appropriate Federal 
     agencies, to conduct a comprehensive study of the potential 
     impacts of the transfer of land under sections 805(b) and 
     806(b), including potential impacts on South Dakota Sioux 
     Tribes having water claims within the Missouri River Basin, 
     on water flows in the Missouri River.
       (b) No Transfer Pending Determination.--No transfer of land 
     under section 805(b) or 806(b) shall occur until the 
     Secretary determines, based on the study, that the transfer 
     of land under either section will not significantly reduce 
     the amount of water flow to the downstream States of the 
     Missouri River.

     SEC. 609. AUTHORIZATION OF APPROPRIATIONS.

       (a) Secretary.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary--
       (1) to pay the administrative expenses incurred by the 
     Secretary in carrying out this title; and
       (2) to fund the implementation of terrestrial wildlife 
     habitat restoration plans under section 802(a) and other 
     activities under sections 803(d)(3) and 804(d)(3).
       (b) Secretary of the Interior.--There are authorized to be 
     appropriated to the Secretary of the Interior such sums as 
     are necessary to pay the administrative expenses incurred by 
     the Secretary of the Interior in carrying out this title.

   TITLE VII--OFFICE OF NATIONAL DRUG CONTROL POLICY REAUTHORIZATION

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Office of National Drug 
     Control Policy Reauthorization Act of 1998''.

     SEC. 702. DEFINITIONS.

       In this title:
       (1) Demand reduction.--The term ``demand reduction'' means 
     any activity conducted by a National Drug Control Program 
     agency, other than an enforcement activity, that is intended 
     to reduce the use of drugs, including--
       (A) drug abuse education;
       (B) drug abuse prevention;
       (C) drug abuse treatment;
       (D) drug abuse research;
       (E) drug abuse rehabilitation;
       (F) drug-free workplace programs; and
       (G) drug testing.
       (2) Director.--The term ``Director'' means the Director of 
     National Drug Control Policy.
       (3) Drug.--The term ``drug'' has the meaning given the term 
     ``controlled substance'' in section 102(6) of the Controlled 
     Substances Act (21 U.S.C. 802(6)).
       (4) Drug control.--The term ``drug control'' means any 
     activity conducted by a National Drug Control Program agency 
     involving supply reduction or demand reduction.
       (5) Fund.--The term ``Fund'' means the fund established 
     under section 703(d).
       (6) National drug control program.--The term ``National 
     Drug Control Program'' means programs, policies, and 
     activities undertaken by National Drug Control Program 
     agencies pursuant to the responsibilities of such agencies 
     under the National Drug Control Strategy.
       (7) National drug control program agency.--The term 
     ``National Drug Control Program Agency'' means any agency 
     that is responsible for implementing any aspect of the 
     National Drug Control Strategy, including any agency that 
     receives Federal funds to implement any aspect of the 
     National Drug Control Strategy, but does not include any 
     agency that receives funds for drug control activity solely 
     under the National Foreign Intelligence Program, the Joint 
     Military Intelligence Program or Tactical Intelligence and 
     Related Activities, unless such agency has been designated--
       (A) by the President; or
       (B) jointly by the Director and the head of the agency.
       (8) National drug control strategy.--The term ``National 
     Drug Control Strategy'' means the strategy developed and 
     submitted to Congress under section 706.
       (9) Office.--Unless the context clearly implicates 
     otherwise, the term ``Office'' means the Office of National 
     Drug Control Policy established under section 703(a).
       (10) State and local affairs.--The term ``State and local 
     affairs'' means domestic activities conducted by a National 
     Drug Control Program agency that are intended to reduce the 
     availability and use of drugs, including--
       (A) coordination and facilitation of Federal, State, and 
     local law enforcement drug control efforts;
       (B) promotion of coordination and cooperation among the 
     drug supply reduction and demand reduction agencies of the 
     various States, territories, and units of local government; 
     and
       (C) such other cooperative governmental activities which 
     promote a comprehensive approach to drug control at the 
     national, State, territory, and local levels.
       (11) Supply reduction.--The term ``supply reduction'' means 
     any activity of a program conducted by a National Drug 
     Control Program agency that is intended to reduce the 
     availability or use of drugs in the United States and abroad, 
     including--
       (A) international drug control;
       (B) foreign and domestic drug intelligence;
       (C) interdiction; and
       (D) domestic drug law enforcement, including law 
     enforcement directed at drug users.

     SEC. 703. OFFICE OF NATIONAL DRUG CONTROL POLICY.

       (a) Establishment of Office.--There is established in the 
     Executive Office of the President an Office of National Drug 
     Control Policy, which shall--
       (1) develop national drug control policy;
       (2) coordinate and oversee the implementation of that 
     national drug control policy;
       (3) assess and certify the adequacy of national drug 
     control programs and the budget for those programs; and
       (4) evaluate the effectiveness of the national drug control 
     programs.
       (b) Director and Deputy Directors.--
       (1) Director.--There shall be at the head of the Office a 
     Director of National Drug Control Policy.
       (2) Deputy director of national drug control policy.--There 
     shall be in the Office a Deputy Director of National Drug 
     Control Policy, who shall assist the Director in carrying out 
     the responsibilities of the Director under this title.
       (3) Other deputy directors.--There shall be in the Office--
       (A) a Deputy Director for Demand Reduction, who shall be 
     responsible for the activities described in subparagraphs (A) 
     through (G) of section 702(1);
       (B) a Deputy Director for Supply Reduction, who shall be 
     responsible for the activities described in subparagraphs (A) 
     through (C) of section 702(11); and
       (C) a Deputy Director for State and Local Affairs, who 
     shall be responsible for the activities described in 
     subparagraphs (A) through (C) of section 702(10) and 
     subparagraph (D) of section 702(11).
       (c) Access by Congress.--The location of the Office in the 
     Executive Office of the President shall not be construed as 
     affecting access by

[[Page H11226]]

     Congress, or any committee of the House of Representatives or 
     the Senate, to any--
       (1) information, document, or study in the possession of, 
     or conducted by or at the direction of the Director; or
       (2) personnel of the Office.
       (d) Office of National Drug Control Policy Gift Fund.--
       (1) Establishment.--There is established in the Treasury of 
     the United States a fund for the receipt of gifts, both real 
     and personal, for the purpose of aiding or facilitating the 
     work of the Office under section 704(c).
       (2) Contributions.--The Office may accept, hold, and 
     administer contributions to the Fund.
       (3) Use of amounts deposited.--Amounts deposited in the 
     Fund are authorized to be appropriated, to remain available 
     until expended for authorized purposes at the discretion of 
     the Director.

     SEC. 704. 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.
       (3) Designation of other officers.--In the absence of the 
     Deputy Director, or if the Office of the Deputy Director is 
     vacant, the Director shall designate such other permanent 
     employee of the Office to serve as the Director, if the 
     Director is absent or unable to serve.
       (4) Prohibition.--No person shall serve as Director or a 
     Deputy Director while serving in any other position in the 
     Federal Government.
       (5) Prohibition on political campaigning.--Any officer or 
     employee of the Office who is appointed to that position by 
     the President, by and with the advice and consent of the 
     Senate, may not participate in Federal election campaign 
     activities, except that such official is not prohibited by 
     this paragraph from making contributions to individual 
     candidates.
       (b) Responsibilities.--The Director--
       (1) shall assist the President in the establishment of 
     policies, goals, objectives, and priorities for the National 
     Drug Control Program;
       (2) shall promulgate the National Drug Control Strategy 
     under section 706(a) and each report under section 706(b) in 
     accordance with section 706;
       (3) shall coordinate and oversee the implementation by the 
     National Drug Control Program agencies of the policies, 
     goals, objectives, and priorities established under paragraph 
     (1) and the fulfillment of the responsibilities of such 
     agencies under the National Drug Control Strategy and make 
     recommendations to National Drug Control Program agency 
     heads with respect to implementation of Federal counter-
     drug programs;
       (4) shall make such recommendations to the President as the 
     Director determines are appropriate regarding changes in the 
     organization, management, and budgets of Federal departments 
     and agencies engaged in drug enforcement, and changes in the 
     allocation of personnel to and within those departments and 
     agencies, to implement the policies, goals, priorities, and 
     objectives established under paragraph (1) and the National 
     Drug Control Strategy;
       (5) shall consult with and assist State and local 
     governments with respect to the formulation and 
     implementation of National Drug Control Policy and their 
     relations with the National Drug Control Program agencies;
       (6) shall appear before duly constituted committees and 
     subcommittees of the House of Representatives and of the 
     Senate to represent the drug policies of the executive 
     branch;
       (7) shall notify any National Drug Control Program agency 
     if its policies are not in compliance with the 
     responsibilities of the agency under the National Drug 
     Control Strategy, transmit a copy of each such notification 
     to the President, and maintain a copy of each such 
     notification;
       (8) shall provide, by July 1 of each year, budget 
     recommendations, including requests for specific initiatives 
     that are consistent with the priorities of the President 
     under the National Drug Control Strategy, to the heads of 
     departments and agencies with responsibilities under the 
     National Drug Control Program, which recommendations shall--
       (A) apply to the next budget year scheduled for formulation 
     under the Budget and Accounting Act of 1921, and each of the 
     4 subsequent fiscal years; and
       (B) address funding priorities developed in the National 
     Drug Control Strategy;
       (9) may serve as representative of the President in 
     appearing before Congress on all issues relating to the 
     National Drug Control Program;
       (10) shall, in any matter affecting national security 
     interests, work in conjunction with the Assistant to the 
     President for National Security Affairs;
       (11) may serve as spokesperson of the Administration on 
     drug issues;
       (12) shall ensure that no Federal funds appropriated to the 
     Office of National Drug Control Policy shall be expended for 
     any study or contract relating to the legalization (for a 
     medical use or any other use) of a substance listed in 
     schedule I of section 202 of the Controlled Substances Act 
     (21 U.S.C. 812) and take such actions as necessary to oppose 
     any attempt to legalize the use of a substance (in any form) 
     that--
       (A) is listed in schedule I of section 202 of the 
     Controlled Substances Act (21 U.S.C. 812); and
       (B) has not been approved for use for medical purposes by 
     the Food and Drug Administration;
       (13) shall require each National Drug Control Program 
     agency to submit to the Director on an annual basis 
     (beginning in 1999) an evaluation of progress by the agency 
     with respect to drug control program goals using the 
     performance measures for the agency developed under section 
     706(c), including progress with respect to--
       (A) success in reducing domestic and foreign sources of 
     illegal drugs;
       (B) success in protecting the borders of the United States 
     (and in particular the Southwestern border of the United 
     States) from penetration by illegal narcotics;
       (C) success in reducing violent crime associated with drug 
     use in the United States;
       (D) success in reducing the negative health and social 
     consequences of drug use in the United States; and
       (E) implementation of drug treatment and prevention 
     programs in the United States and improvements in the 
     adequacy and effectiveness of such programs;
       (14) shall submit to the Appropriations committees and the 
     authorizing committees of jurisdiction of the House of 
     Representatives and the Senate on an annual basis, not later 
     than 60 days after the date of the last day of the applicable 
     period, a summary of--
       (A) each of the evaluations received by the Director under 
     paragraph (13); and
       (B) the progress of each National Drug Control Program 
     agency toward the drug control program goals of the agency 
     using the performance measures for the agency developed under 
     section 706(c); and
       (15) shall ensure that drug prevention and drug treatment 
     research and information is effectively disseminated by 
     National Drug Control Program agencies to State and local 
     governments and nongovernmental entities involved in demand 
     reduction by--
       (A) encouraging formal consultation between any such agency 
     that conducts or sponsors research, and any such agency that 
     disseminates information in developing research and 
     information product development agendas;
       (B) encouraging such agencies (as appropriate) to develop 
     and implement dissemination plans that specifically target 
     State and local governments and nongovernmental entities 
     involved in demand reduction; and
       (C) developing a single interagency clearinghouse for the 
     dissemination of research and information by such agencies to 
     State and local governments and nongovernmental agencies 
     involved in demand reduction.
       (c) National Drug Control Program Budget.--
       (1) Responsibilities of national drug control program 
     agencies.--
       (A) In general.--For each fiscal year, the head of each 
     department, agency, or program of the Federal Government with 
     responsibilities under the National Drug Control Program 
     Strategy shall transmit to the Director a copy of the 
     proposed drug control budget request of the department, 
     agency, or program at the same time as that budget request is 
     submitted to their superiors (and before submission to the 
     Office of Management and Budget) in the preparation of the 
     budget of the President submitted to Congress under section 
     1105(a) of title 31, United States Code.
       (B) Submission of drug control budget requests.--The head 
     of each National Drug Control Program agency shall ensure 
     timely development and submission to the Director of each 
     proposed drug control budget request transmitted pursuant to 
     this paragraph, in such format as may be designated by the 
     Director with the concurrence of the Director of the Office 
     of Management and Budget.
       (2) National drug control program budget proposal.--For 
     each fiscal year, following the transmission of proposed drug 
     control budget requests to the Director under paragraph (1), 
     the Director shall, in consultation with the head of each 
     National Drug Control Program agency--
       (A) develop a consolidated National Drug Control Program 
     budget proposal designed to implement the National Drug 
     Control Strategy;
       (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

[[Page H11227]]

     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--
     copy of--
       (aaa) the 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 703(d);
       (6) use the mails in the same manner as any other 
     department or agency of the executive branch;
       (7) monitor implementation of the National Drug Control 
     Program, including--
       (A) conducting program and performance audits and 
     evaluations; and
       (B) requesting assistance from the Inspector General of the 
     relevant agency in such audits and evaluations;
       (8) transfer funds made available to a National Drug 
     Control Program agency for National Drug Control Strategy 
     programs and activities to another account within such agency 
     or to another National Drug Control Program agency for 
     National Drug Control Strategy programs and activities, 
     except that--
       (A) the authority under this paragraph may be limited in an 
     annual appropriations Act or other provision of Federal law;
       (B) the Director may exercise the authority under this 
     paragraph only with the concurrence of the head of each 
     affected agency;
       (C) in the case of an interagency transfer, the total 
     amount of transfers under this paragraph may not exceed 3 
     percent of the total amount of funds made available for 
     National Drug Control Strategy programs and activities to the 
     agency from which those funds are to be transferred;
       (D) funds transferred to an agency under this paragraph may 
     only be used to increase the funding for programs or 
     activities have been authorized by Congress; and
       (E) the Director shall--
       (i) submit to Congress, including to the Committees on 
     Appropriations of the Senate and the House of 
     Representatives, the authorizing committees for the Office, 
     and any other applicable committees of jurisdiction, a 
     reprogramming or transfer request in advance of any transfer 
     under this paragraph in accordance with the regulations of 
     the affected agency or agencies; and
       (ii) 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.
       (f) Fund Control Notices.--
       (1) In general.--A fund control notice may direct that all 
     or part of an amount appropriated to the National Drug 
     Control Program agency account be obligated by--
       (A) months, fiscal year quarters, or other time periods; 
     and
       (B) activities, functions, projects, or object classes.
       (2) Unauthorized obligation or expenditure prohibited.--An 
     officer or employee of a National Drug Control Program agency 
     shall not make or authorize an expenditure or obligation 
     contrary to a fund control notice issued by the Director.
       (3) Disciplinary action for violation.--In the case of a 
     violation of paragraph (2) by an officer or employee of a 
     National Drug Control Program agency, the head of the agency, 
     upon the request of and in consultation with the Director, 
     may subject the officer or employee to appropriate 
     administrative discipline, including, when circumstances 
     warrant, suspension from duty without pay or removal from 
     office.
       (g) Inapplicability to Certain Programs.--The provisions of 
     this section shall not apply to the National Foreign 
     Intelligence Program, the Joint Military Intelligence Program 
     and Tactical Intelligence and Related Activities unless the 
     agency that carries out such program is designated as a 
     National Drug Control Program agency by the President or 
     jointly by the Director and the head of the agency.
       (h) Construction.--Nothing in this Act shall be construed 
     as derogating the authorities and responsibilities of the 
     Director of Central Intelligence contained in sections 104 
     and 504 of the National Security Act of 1947 or any other 
     law.

     SEC. 705. 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.

[[Page H11228]]

     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.
       (d) Accounting of Funds Expended.--The Director shall--
       (A) require the National Drug Control Program agencies to 
     submit to the Director not later than February 1 of each year 
     a detailed accounting of all funds expended by the agencies 
     for National Drug Control Program activities during the 
     previous fiscal year, and require such accounting to be 
     authenticated by the Inspector General for each agency prior 
     to submission to the Director; and
       (B) submit to Congress not later than April 1 of each year 
     the information submitted to the Director under subparagraph 
     (A).

     SEC. 706. DEVELOPMENT, SUBMISSION, IMPLEMENTATION, AND 
                   ASSESSMENT OF NATIONAL DRUG CONTROL STRATEGY.

       (a) Timing, Contents, and Process for Development and 
     Submission of National Drug Control Strategy.--
       (1) Timing.--Not later than February 1, 1999, the President 
     shall submit to Congress a National Drug Control Strategy, 
     which shall set forth a comprehensive plan, covering a period 
     of not more than 5 years, for reducing drug abuse and the 
     consequences of drug abuse in the United States, by limiting 
     the availability of and reducing the demand for illegal 
     drugs.
       (2) Contents.--
       (A) In general.--The National Drug Control Strategy 
     submitted under paragraph (1) shall include--
       (i) comprehensive, research-based, long-range, 
     quantifiable, goals for reducing drug abuse and the 
     consequences of drug abuse in the United States;
       (ii) annual, quantifiable, and measurable objectives and 
     specific targets to accomplish long-term quantifiable goals 
     that the Director determines may be achieved during each year 
     of the period beginning on the date on which the National 
     Drug Control Strategy is submitted;
       (iii) 5-year projections for program and budget priorities; 
     and
       (iv) a review of international, State, local, and private 
     sector drug control activities to ensure that the United 
     States pursues well-coordinated and effective drug control at 
     all levels of government.
       (B) Classified information.--Any contents of the National 
     Drug Control Strategy that involves information properly 
     classified under criteria established by an Executive order 
     shall be presented to Congress separately from the rest of 
     the National Drug Control Strategy.
       (3) Process for development and submission.--
       (A) Consultation.--In developing and effectively 
     implementing the National Drug Control Strategy, the 
     Director--
       (i) shall consult with--

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

       (ii) with the concurrence of the Attorney General, may 
     require the El Paso Intelligence Center to undertake specific 
     tasks or projects to implement the National Drug Control 
     Strategy; and
       (iii) with the concurrence of the Director of Central 
     Intelligence and the Attorney General, may request that the 
     National Drug Intelligence Center undertake specific tasks or 
     projects to implement the National Drug Control Strategy.
       (B) Inclusion in strategy.--The National Drug Control 
     Strategy under this subsection, and each report submitted 
     under subsection (b), shall include a list of each entity 
     consulted under subparagraph (A)(i).
       (4) Specific targets.--The targets in the National Drug 
     Control Strategy shall include the following:
       (A) Reduction of unlawful drug use to 3 percent of the 
     population of the United States or less by December 31, 2003 
     (as measured in terms of overall illicit drug use during the 
     past 30 days by the National Household Survey), and 
     achievement of at least 20 percent of such reduction during 
     each of 1999, 2000, 2001, 2002, and 2003.
       (B) Reduction of adolescent unlawful drug use (as measured 
     in terms of illicit drug use during the past 30 days by the 
     Monitoring the Future Survey of the University of Michigan or 
     the National PRIDE Survey conducted by the National Parents' 
     Resource Institute for Drug Education) to 3 percent of the 
     adolescent population of the United States or less by 
     December 31, 2003, and achievement of at least 20 percent of 
     such reduction during each of 1999, 2000, 2001, 2002, and 
     2003.
       (C) Reduction of the availability of cocaine, heroin, 
     marijuana, and methamphetamine in the United States by 80 
     percent by December 31, 2003.
       (D) Reduction of the respective nationwide average street 
     purity levels for cocaine, heroin, marijuana, and 
     methamphetamine (as estimated by the interagency drug flows 
     assessment led by the Office of National Drug Control Policy, 
     and based on statistics collected by the Drug Enforcement 
     Administration and other National Drug Control Program 
     agencies identified as relevant by the Director) by 60 
     percent by December 31, 2003, and achievement of at least 20 
     percent of each such reduction during each of 1999, 2000, 
     2001, 2002, and 2003.
       (E) Reduction of drug-related crime in the United States by 
     50 percent by December 31, 2003, and achievement of at least 
     20 percent of such reduction during each of 1999, 2000, 2001, 
     2002, and 2003, including--
       (i) reduction of State and Federal unlawful drug 
     trafficking and distribution;
       (ii) reduction of State and Federal crimes committed by 
     persons under the influence of unlawful drugs;
       (iii) reduction of State and Federal crimes committed for 
     the purpose of obtaining unlawful drugs or obtaining property 
     that is intended to be used for the purchase of unlawful 
     drugs; and
       (iv) reduction of drug-related emergency room incidents in 
     the United States (as measured by data of the Drug Abuse 
     Warning Network on illicit drug abuse), including incidents 
     involving gunshot wounds and automobile accidents in which 
     illicit drugs are identified in the bloodstream of the 
     victim, by 50 percent by December 31, 2003.
       (5) Further reductions in drug use, availability, and 
     crime.--Following the submission of a National Drug Control 
     Strategy under this section to achieve the specific targets 
     described in paragraph (4), the Director may formulate a 
     strategy for additional reductions in drug use and 
     availability and drug-related crime beyond the 5-year period 
     covered by the National Drug Control Strategy that has been 
     submitted.
       (b) Annual Strategy Report.--
       (1) In general.--Not later than February 1, 1999, and on 
     February 1 of each year thereafter, the President shall 
     submit to Congress a report on the progress in implementing 
     the Strategy under subsection (a), which shall include--
       (A) an assessment of the Federal effectiveness in achieving 
     the National Drug Control Strategy goals and objectives using 
     the performance measurement system described in subsection 
     (c), including--
       (i) an assessment of drug use and availability in the 
     United States; and
       (ii) an estimate of the effectiveness of interdiction, 
     treatment, prevention, law enforcement, and international 
     programs under the National Drug Control Strategy in effect 
     during the preceding year, or in effect as of the date on 
     which the report is submitted;
       (B) any modifications of the National Drug Control Strategy 
     or the performance measurement system described in subsection 
     (c);
       (C) an assessment of the manner in which the budget 
     proposal submitted under section 704(c) is intended to 
     implement the National Drug Control Strategy and whether the 
     funding levels contained in such proposal are sufficient to 
     implement such Strategy;
       (D) measurable data evaluating the success or failure in 
     achieving the annual measurable objectives described in 
     subsection (a)(2)(A)(ii);
       (E) an assessment of current drug use (including inhalants) 
     and availability, impact of drug use, and treatment 
     availability, which assessment shall include--
       (i) estimates of drug prevalence and frequency of use as 
     measured by national, State, and local surveys of illicit 
     drug use and by other special studies of--

       (I) casual and chronic drug use;
       (II) high-risk populations, including school dropouts, the 
     homeless and transient, arrestees, parolees, probationers, 
     and juvenile delinquents; and

       (III) drug use in the workplace and the productivity lost 
     by such use;

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

       (I) the quantities of cocaine, heroin, marijuana, 
     methamphetamine, and other drugs available for consumption in 
     the United States;
       (II) the amount of marijuana, cocaine, heroin, and 
     precursor chemicals entering the United States;
       (III) the number of hectares of marijuana, poppy, and coca 
     cultivated and destroyed domestically and in other countries;
       (IV) the number of metric tons of marijuana, heroin, 
     cocaine, and methamphetamine seized;
       (V) the number of cocaine and methamphetamine processing 
     laboratories destroyed domestically and in other countries;
       (VI) changes in the price and purity of heroin and cocaine, 
     changes in the price of methamphetamine, and changes in 
     tetrahydrocannabinol level of marijuana;

[[Page H11229]]

       (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.
       (3) 1999 Strategy report.--With respect to the Strategy 
     report required to be submitted by this subsection on 
     February 1, 1999, the President shall prepare the report 
     using such information as is available for the period covered 
     by the report.
       (c) Performance Measurement System.--
       (1) Sense of Congress.--It is the sense of Congress that--
       (A) the targets described in subsection (a) are important 
     to the reduction of overall drug use in the United States;
       (B) the President should seek to achieve those targets 
     during the 5 years covered by the National Drug Control 
     Strategy required to be submitted under subsection (a);
       (C) the purpose of such targets and the annual reports to 
     Congress on the progress towards achieving the targets is to 
     allow for the annual restructuring of appropriations by the 
     Appropriations Committees and authorizing committees of 
     jurisdiction of Congress to meet the goals described in this 
     Act;
       (D) the performance measurement system developed by the 
     Director described in this subsection is central to the 
     National Drug Control Program targets, programs, and budget;
       (E) the Congress strongly endorses the performance 
     measurement system for establishing clear outcomes for 
     reducing drug use nationwide during the next five years, and 
     the linkage of this system to all agency drug control 
     programs and budgets receiving funds scored as drug control 
     agency funding.
       (2) Submission to Congress.--Not later than February 1, 
     1999, the Director shall submit to Congress a description of 
     the national drug control performance measurement system, 
     designed in consultation with affected National Drug Control 
     Program agencies, that--
       (A) develops performance objectives, measures, and targets 
     for each National Drug Control Strategy goal and objective;
       (B) revises performance objectives, measures, and targets, 
     to conform with National Drug Control Program Agency budgets;
       (C) identifies major programs and activities of the 
     National Drug Control Program agencies that support the goals 
     and objectives of the National Drug Control Strategy;
       (D) evaluates in detail the implementation by each National 
     Drug Control Program agency of program activities supporting 
     the National Drug Control Strategy;
       (E) monitors consistency between the drug-related goals and 
     objectives of the National Drug Control Program agencies 
     and ensures that drug control agency goals and budgets 
     support and are fully consistent with the National Drug 
     Control Strategy; and
       (F) coordinates the development and implementation of 
     national drug control data collection and reporting systems 
     to support policy formulation and performance measurement, 
     including an assessment of--
       (i) the quality of current drug use measurement instruments 
     and techniques to measure supply reduction and demand 
     reduction activities;
       (ii) the adequacy of the coverage of existing national drug 
     use measurement instruments and techniques to measure the 
     casual drug user population and groups that are at risk for 
     drug use; and
       (iii) the actions the Director shall take to correct any 
     deficiencies and limitations identified pursuant to 
     subparagraphs (A) and (B) of subsection (b)(4).
       (3) Modifications.--A description of any modifications made 
     during the preceding year to the national drug control 
     performance measurement system described in paragraph (2) 
     shall be included in each report submitted under subsection 
     (b).

     SEC. 707. HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM.

       (a) Establishment.--There is established in the Office a 
     program to be known as the High Intensity Drug Trafficking 
     Areas Program.
       (b) Designation.--The Director, upon consultation with the 
     Attorney General, the Secretary of the Treasury, heads of the 
     National Drug Control Program agencies, and the Governor of 
     each applicable State, may designate any specified area of 
     the United States as a high intensity drug trafficking area. 
     After making such a designation and in order to provide 
     Federal assistance to the area so designated, the Director 
     may--
       (1) obligate such sums as appropriated for the High 
     Intensity Drug Trafficking Areas Program;
       (2) direct the temporary reassignment of Federal personnel 
     to such area, subject to the approval of the head of the 
     department or agency that employs such personnel;
       (3) take any other action authorized under section 704 to 
     provide increased Federal assistance to those areas;
       (4) coordinate activities under this subsection 
     (specifically administrative, recordkeeping, and funds 
     management activities) with State and local officials.
       (c) Factors for Consideration.--In considering whether to 
     designate an area under this section as a high intensity drug 
     trafficking area, the Director shall consider, in addition to 
     such other criteria as the Director considers to be 
     appropriate, the extent to which--
       (1) the area is a center of illegal drug production, 
     manufacturing, importation, or distribution;
       (2) State and local law enforcement agencies have committed 
     resources to respond to the drug trafficking problem in the 
     area, thereby indicating a determination to respond 
     aggressively to the problem;
       (3) drug-related activities in the area are having a 
     harmful impact in other areas of the country; and
       (4) a significant increase in allocation of Federal 
     resources is necessary to respond adequately to drug-related 
     activities in the area.
       (d) Use of Funds.--The Director shall ensure that no 
     Federal funds appropriated for the High Intensity Drug 
     Trafficking Program are expended for the establishment or 
     expansion of drug treatment programs.

     SEC. 708. 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 704, submit requests to 
     Congress for the reprogramming or transfer of funds 
     appropriated for counter-drug technology research and 
     development.
       (2) Limitation on authority.--The authority granted to the 
     Director under this subsection shall not extend to the award 
     of contracts, management of individual projects, or other 
     operational activities.
       (d) Assistance and Support to Office of National Drug 
     Control Policy.--The Secretary of Defense and the Secretary 
     of Health

[[Page H11230]]

     and Human Services shall, to the maximum extent practicable, 
     render assistance and support to the Office and to the 
     Director in the conduct of counter-drug technology 
     assessment.

     SEC. 709. PRESIDENT'S COUNCIL ON COUNTER-NARCOTICS.

       (a) Establishment.--There is established a council to be 
     known as the President's Council on Counter-Narcotics 
     (referred to in this section as the ``Council'').
       (b) Membership.--
       (1) In general.--Subject to paragraph (2), the Council 
     shall be composed of 18 members, of whom--
       (A) 1 shall be the President, who shall serve as Chairman 
     of the Council;
       (B) 1 shall be the Vice President;
       (C) 1 shall be the Secretary of State;
       (D) 1 shall be the Secretary of the Treasury;
       (E) 1 shall be the Secretary of Defense;
       (F) 1 shall be the Attorney General;
       (G) 1 shall be the Secretary of Transportation;
       (H) 1 shall be the Secretary of Health and Human Services;
       (I) 1 shall be the Secretary of Education;
       (J) 1 shall be the Representative of the United States of 
     America to the United Nations;
       (K) 1 shall be the Director of the Office of Management and 
     Budget;
       (L) 1 shall be the Chief of Staff to the President;
       (M) 1 shall be the Director of the Office, who shall serve 
     as the Executive Director of the Council;
       (N) 1 shall be the Director of Central Intelligence;
       (O) 1 shall be the Assistant to the President for National 
     Security Affairs;
       (P) 1 shall be the Counsel to the President;
       (Q) 1 shall be the Chairman of the Joint Chiefs of Staff; 
     and
       (R) 1 shall be the National Security Adviser to the Vice 
     President.
       (2) Additional members.--The President may, in the 
     discretion of the President, appoint additional members to 
     the Council.
       (c) Functions.--The Council shall advise and assist the 
     President in--
       (1) providing direction and oversight for the national drug 
     control strategy, including relating drug control policy to 
     other national security interests and establishing 
     priorities; and
       (2) ensuring coordination among departments and agencies of 
     the Federal Government concerning implementation of the 
     National Drug Control Strategy.
       (d) Administration.--
       (1) In general.--The Council may utilize established or ad 
     hoc committees, task forces, or interagency groups chaired by 
     the Director (or a representative of the Director) in 
     carrying out the functions of the Council under this section.
       (2) Staff.--The staff of the Office, in coordination with 
     the staffs of the Vice President and the Assistant to the 
     President for National Security Affairs, shall act as staff 
     for the Council.
       (3) Cooperation from other agencies.--Each department and 
     agency of the executive branch shall--
       (A) cooperate with the Council in carrying out the 
     functions of the Council under this section; and
       (B) provide such assistance, information, and advice as the 
     Council may request, to the extent permitted by law.

     SEC. 710. 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 (2)(A) shall be a representative of a nonprofit 
     organization focused on involving parents in antidrug 
     education and prevention.
       (C) Date.--The appointments of the initial members of the 
     Council shall be made not later than 60 days after the date 
     of enactment of this section.
       (D) Executive Director.--The Director shall appoint the 
     Executive Director of the Council, who shall be an employee 
     of the Office of National Drug Control Policy.
       (3) Period of appointment; vacancies.--
       (A) Period of appointment.--Each member of the Council 
     shall be appointed for a term of 3 years, except that, of the 
     initial members of the Council--
       (i) 1 member appointed under each of clauses (i) through 
     (v) of paragraph (2)(A) shall be appointed for a term of 1 
     year; and
       (ii) 1 member appointed under each of clauses (i) through 
     (v) of paragraph (2)(A) shall be appointed for a term of 2 
     years.
       (B) Vacancies.--Any vacancy in the Council shall not affect 
     its powers, provided that a quorum is present, but shall be 
     filled in the same manner as the original appointment. Any 
     member appointed to fill a vacancy occurring before the 
     expiration of the term for which the member's predecessor was 
     appointed shall be appointed only for the remainder of that 
     term.
       (C) Appointment of successor.--To the extent necessary to 
     prevent a vacancy in the membership of the Council, a member 
     of the Council may serve for not more than 6 months after the 
     expiration of the term of that member, if the successor of 
     that member has not been appointed.
       (4) Initial meeting.--Not later than 120 days after the 
     date on which all initial members of the Council have been 
     appointed, the Council shall hold its first meeting.
       (5) Meetings.--The Council shall meet at the call of the 
     Chairperson.
       (6) Quorum.--Nine members of the Council shall constitute a 
     quorum, but a lesser number of members may hold hearings.
       (7) Chairperson and vice chairperson.--
       (A) In general.--The members of the Council shall select a 
     Chairperson and Vice Chairperson from among the members of 
     the Council.
       (B) Duties of chairperson.--The Chairperson of the Council 
     shall assign committee duties relating to the Council and 
     direct the Executive Director to convene hearings and conduct 
     other necessary business of the Council.
       (C) Duties of vice chairperson.--If the Chairperson of the 
     Council is unable to serve, the Vice Chairperson shall serve 
     as the Chairperson.
       (b) Duties of the Council.--
       (1) In general.--The Council--
       (A) shall advise the Director on drug prevention, 
     education, and treatment and assist the Deputy Director of 
     Demand Reduction in the responsibilities for the coordination 
     of the demand reduction programs of the Federal Government 
     and the analysis and consideration of prevention and 
     treatment alternatives; and
       (B) may issue reports and recommendations on drug 
     prevention, education, and treatment, in addition to the 
     reports detailed in paragraph (2), as the Council considers 
     appropriate.
       (2) Submission of reports.--Any report or recommendation 
     issued by the Council shall be submitted to the Director and 
     subsequently to Congress.
       (3) Advice on the national drug control strategy.--Not 
     later than December 1, 1999, and on December 1 of each year 
     thereafter, the Council shall submit to the Director an 
     annual report containing drug control strategy 
     recommendations on drug prevention, education, and treatment. 
     The Director may include any recommendations submitted under 
     this paragraph in the report submitted by the Director under 
     section 706(b).
       (c) Expenses.--The members of the Council shall be allowed 
     travel expenses, including per diem in lieu of subsistence, 
     at rates authorized for employees of agencies under 
     subchapter I of chapter 57 of title 5, United States Code, 
     while away from their homes or regular places of business in 
     the performance of services for the Council.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Council such sums as may be 
     necessary to carry out this section.

     SEC. 711. 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--
       (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

[[Page H11231]]

     highest number of arrests on record for each region and 
     during the year of highest recorded overall arrests;
       (2) the price of cocaine, heroin, methamphetamine, and 
     marijuana during the year of highest price on record during 
     the preceding 10-year period, adjusted for purity where 
     possible; and
       (3) a description of the personnel, equipment, funding, and 
     other resources of the Federal drug control agency devoted to 
     drug interdiction and securing the borders of the United 
     States against drug trafficking for each of the years 
     identified in paragraphs (1) and (2) for each Federal drug 
     control agency.
       (c) Budget Process.--
       (1) Information to director.--Based on the report submitted 
     under subsection (b), each Federal drug control agency shall 
     submit to the Director, at the same time as each annual drug 
     control budget request is submitted by the Federal drug 
     control agency to the Director under section 704(c)(1), a 
     description of the specific personnel, equipment, funding, 
     and other resources that would be required for the Federal 
     drug control agency to meet or exceed the highest level of 
     interdiction success for that agency identified in the report 
     submitted under subsection (b).
       (2) Information to congress.--The Director shall include 
     each submission under paragraph (1) in each annual 
     consolidated National Drug Control Program budget proposal 
     submitted by the Director to Congress under section 
     704(c)(2), which submission shall be accompanied by a 
     description of any additional resources that would be 
     required by the Federal drug control agencies to meet the 
     highest level of interdiction success identified in the 
     report submitted under subsection (b).

     SEC. 712. ESTABLISHMENT OF SPECIAL FORFEITURE FUND.

       Section 6073 of the Asset Forfeiture Amendments Act of 1988 
     (21 U.S.C. 1509) is amended--
       (1) in subsection (b)--
       (A) by striking ``section 524(c)(9)'' and inserting 
     ``section 524(c)(8)''; and
       (B) by striking ``section 9307(g)'' and inserting ``section 
     9703(g)''; and
       (2) in subsection (e), by striking ``strategy'' and 
     inserting ``Strategy''.

     SEC. 713. TECHNICAL AND CONFORMING AMENDMENTS.

       (a) Title 5, United States Code.--Chapter 53 of title 5, 
     United States Code, is amended--
       (1) in section 5312, by adding at the end the following:
       ``Director of National Drug Control Policy.'';
       (2) in section 5313, by adding at the end the following:
       ``Deputy Director of National Drug Control Policy.''; and
       (3) in section 5314, by adding at the end the following:
       ``Deputy Director for Demand Reduction, Office of National 
     Drug Control Policy.
       ``Deputy Director for Supply Reduction, Office of National 
     Drug Control Policy.
       ``Deputy Director for State and Local Affairs, Office of 
     National Drug Control Policy.''.
       (b) National Security Act of 1947.--Section 101 of the 
     National Security Act of 1947 (50 U.S.C. 402) is amended by 
     redesignating subsection (f) as subsection (g) and inserting 
     after subsection (e) the following:
       ``(f) The Director of National Drug Control Policy may, in 
     the role of the Director as principal adviser to the National 
     Security Council on national drug control policy, and subject 
     to the direction of the President, attend and participate in 
     meetings of the National Security Council.''.
       (c) Submission of National Drug Control Program Budget With 
     Annual Budget Request of President.--Section 1105(a) of title 
     31, United States Code, is amended by inserting after 
     paragraph (25) the following:
       ``(26) a separate statement of the amount of appropriations 
     requested for the Office of National Drug Control Policy and 
     each program of the National Drug Control Program.''.

     SEC. 714. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     title, to remain available until expended, such sums as may 
     be necessary for each of fiscal years 1999 through 2003.

     SEC. 715. TERMINATION OF OFFICE OF NATIONAL DRUG CONTROL 
                   POLICY.

       (a) In General.--Except as provided in subsection (b), 
     effective on September 30, 2003, this title and the 
     amendments made by this title are repealed.
       (b) Exception.--Subsection (a) does not apply to section 
     713 or the amendments made by that section.

            TITLE VIII--WESTERN HEMISPHERE DRUG ELIMINATION

     SEC. 801. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This title may be cited as the ``Western 
     Hemisphere Drug Elimination Act''.
       (b) Table of Contents.--The table of contents for this 
     title is as follows:

Sec. 801. Short title; table of contents.
Sec. 802. Findings and statement of policy.

        Subtitle A--Enhanced Source and Transit Country Coverage

Sec. 811. Expansion of radar coverage and operation in source and 
              transit countries.
Sec. 812. Expansion of Coast Guard drug interdiction.
Sec. 813. Expansion of aircraft coverage and operation in source and 
              transit countries.

 Subtitle B--Enhanced Eradication and Interdiction Strategy in Source 
                               Countries

Sec. 821. Additional eradication resources for Colombia.
Sec. 822. Additional eradication resources for Peru.
Sec. 823. Additional eradication resources for Bolivia.
Sec. 824. Miscellaneous additional eradication resources.
Sec. 825. Bureau of International Narcotics and Law Enforcement 
              Affairs.

  Subtitle C--Enhanced Alternative Crop Development Support in Source 
                                  Zone

Sec. 831. Alternative crop development support.
Sec. 832. Authorization of appropriations for Agricultural Research 
              Service counterdrug research and development activities.
Sec. 833. Master plan for herbicides to control narcotic crops.
Sec. 834. Authorization of use of environmentally-approved herbicides 
              to eliminate illicit narcotics crops.

      Subtitle D--Enhanced International Law Enforcement Training

Sec. 841. Enhanced international law enforcement academy training.
Sec. 842. Enhanced United States drug enforcement international 
              training.
Sec. 843. Provision of nonlethal equipment to foreign law enforcement 
              organizations for cooperative illicit narcotics control 
              activities.

   Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement 
                        Operations and Equipment

Sec. 851. Increased funding for operations and equipment; report.
Sec. 852. Funding for computer software and hardware to facilitate 
              direct communication between drug enforcement agencies.
Sec. 853. Sense of Congress regarding priority of drug interdiction and 
              counterdrug activities.

                 Subtitle F--Relationship to Other Laws

Sec. 861. Authorizations of appropriations.

            Subtitle G--Trafficking in Controlled Substances

Sec. 871. Short title.
Sec. 872. Limitation.

     SEC. 802. FINDINGS AND STATEMENT OF POLICY.

       (a) Findings.--Congress makes the following findings:
       (1) Teenage drug use in the United States has doubled since 
     1993.
       (2) The drug crisis facing the United States is a top 
     national security threat.
       (3) The spread of illicit drugs through United States 
     borders cannot be halted without an effective drug 
     interdiction strategy.
       (4) Effective drug interdiction efforts have been shown to 
     limit the availability of illicit narcotics, drive up the 
     street price, support demand reduction efforts, and decrease 
     overall drug trafficking and use.
       (5) A prerequisite for reducing youth drug use is 
     increasing the price of drugs. To increase price 
     substantially, at least 60 percent of drugs must be 
     interdicted.
       (6) In 1987, the national drug control budget maintained a 
     significant balance between demand and supply reduction 
     efforts, illustrated as follows:
       (A) 29 percent of the total drug control budget 
     expenditures for demand reduction programs.
       (B) 38 percent of the total drug control budget 
     expenditures for domestic law enforcement.
       (C) 33 percent of the total drug control budget 
     expenditures for international drug interdiction efforts.
       (7) In the late 1980's and early 1990's, counternarcotic 
     efforts were successful, specifically in protecting the 
     borders of the United States from penetration by illegal 
     narcotics through increased seizures by the United States 
     Coast Guard and other agencies, including a 302 percent 
     increase in pounds of cocaine seized between 1987 and 1991.
       (8) Limiting the availability of narcotics to drug 
     traffickers in the United States had a promising effect as 
     illustrated by the decline of illicit drug use between 1988 
     and 1991, through a--
       (A) 13 percent reduction in total drug use;
       (B) 35 percent drop in cocaine use; and
       (C) 16 percent decrease in marijuana use.
       (9) In 1993, drug interdiction efforts in the transit zones 
     were reduced due to an imbalance in the national drug control 
     strategy. This trend has continued through 1995 as shown by 
     the following figures:
       (A) 35 percent for demand reduction programs.
       (B) 53 percent for domestic law enforcement.
       (C) 12 percent for international drug interdiction efforts.
       (10) Supply reduction efforts became a lower priority for 
     the Administration and the seizures by the United States 
     Coast Guard and other agencies decreased as shown by a 68 
     percent decrease in the pounds of cocaine seized between 1991 
     and 1996.
       (11) Reductions in funding for comprehensive interdiction 
     operations like OPERATION GATEWAY and OPERATION STEELWEB, 
     initiatives that encompassed all areas of interdiction and 
     attempted to disrupt the operating methods of drug smugglers 
     along the entire United States border, have created 
     unprotected United States border areas which smugglers 
     exploit to move their product into the United States.
       (12) The result of this new imbalance in the national drug 
     control strategy caused the drug situation in the United 
     States to become a crisis with serious consequences 
     including--
       (A) doubling of drug-abuse-related arrests for minors 
     between 1992 and 1996;
       (B) 70 percent increase in overall drug use among children 
     aged 12 to 17;
       (C) 80 percent increase in drug use for graduating seniors 
     since 1992;
       (D) a sharp drop in the price of 1 pure gram of heroin from 
     $1,647 in 1992 to $966 in February 1996; and

[[Page H11232]]

       (E) a reduction in the street price of 1 gram of cocaine 
     from $123 to $104 between 1993 and 1994.
       (13) The percentage change in drug use since 1992, among 
     graduating high school students who used drugs in the past 12 
     months, has substantially increased--marijuana use is up 80 
     percent, cocaine use is up 80 percent, and heroin use is up 
     100 percent.
       (14) The Department of Defense has been called upon to 
     support counter-drug efforts of Federal law enforcement 
     agencies that are carried out in source countries and through 
     transit zone interdiction, but in recent years Department of 
     Defense assets critical to those counter-drug activities have 
     been consistently diverted to missions that the Secretary of 
     Defense and the Chairman of the Joint Chiefs of Staff 
     consider a higher priority.
       (15) The Secretary of Defense and the Chairman of the Joint 
     Chiefs of Staff, through the Department of Defense policy 
     referred to as the Global Military Force Policy, has 
     established the priorities for the allocation of military 
     assets in the following order: (1) war; (2) military 
     operations other than war that might involve contact with 
     hostile forces (such as peacekeeping operations and 
     noncombatant evacuations); (3) exercises and training; and 
     (4) operational tasking other than those involving 
     hostilities (including counter-drug activities and 
     humanitarian assistance).
       (16) Use of Department of Defense assets is critical to the 
     success of efforts to stem the flow of illegal drugs from 
     source countries and through transit zones to the United 
     States.
       (17) The placement of counter-drug activities in the fourth 
     and last priority of the Global Military Force Policy list of 
     priorities for the allocation of military assets has resulted 
     in a serious deficiency in assets vital to the success of 
     source country and transit zone efforts to stop the flow of 
     illegal drugs into the United States.
       (18) At present the United States faces few, if any, 
     threats from abroad greater than the threat posed to the 
     Nation's youth by illegal and dangerous drugs.
       (19) The conduct of counter-drug activities has the 
     potential for contact with hostile forces.
       (20) The Department of Defense counter-drug activities 
     mission should be near the top, not among the last, of the 
     priorities for the allocation of Department of Defense assets 
     after the first priority for those assets for the war-
     fighting mission of the Department of Defense.
       (b) Statement of Policy.--It is the policy of the United 
     States to--
       (1) reduce the supply of drugs and drug use through an 
     enhanced drug interdiction effort in the major drug transit 
     countries, as well support a comprehensive supply country 
     eradication and crop substitution program, because a 
     commitment of increased resources in international drug 
     interdiction efforts will create a balanced national drug 
     control strategy among demand reduction, law enforcement, and 
     international drug interdiction efforts; and
       (2) develop and establish comprehensive drug interdiction 
     and drug eradication strategies, and dedicate the required 
     resources, to achieve the goal of reducing the flow of 
     illegal drugs into the United States by 80 percent by as 
     early as January 1, 2003.

        Subtitle A--Enhanced Source and Transit Country Coverage

     SEC. 811. EXPANSION OF RADAR COVERAGE AND OPERATION IN SOURCE 
                   AND TRANSIT COUNTRIES.

       (a) Authorization of Appropriations.--Funds are authorized 
     to be appropriated for the Department of the Treasury for 
     fiscal years 1999, 2000, and 2001 for the enhancement of 
     radar coverage in drug source and transit countries in the 
     total amount of $14,300,000 which shall be available for the 
     following purposes:
       (1) For restoration of radar, and operation and maintenance 
     of radar, in the Bahamas.
       (2) For operation and maintenance of ground-based radar at 
     Guantanamo Bay Naval Base, Cuba.
       (b) Report.--Not later than January 31, 1999, the Secretary 
     of Defense, in conjunction with the Director of Central 
     Intelligence, shall submit to the Committee on National 
     Security, the Committee on International Relations, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives and the Committee on Armed Services, the 
     Committee on Foreign Relations, and the Select Committee on 
     Intelligence of the Senate a report examining the options 
     available to the United States for improving Relocatable Over 
     the Horizon (ROTHR) capability to provide enhanced radar 
     coverage of narcotics source zone countries in South America 
     and transit zones in the Eastern Pacific. The report shall 
     include--
       (1) a discussion of the need and costs associated with the 
     establishment of a proposed fourth ROTHR site located in the 
     source or transit zones; and
       (2) an assessment of the intelligence specific issues 
     raised if such a ROTHR facility were to be established in 
     conjunction with a foreign government.

     SEC. 812. EXPANSION OF COAST GUARD DRUG INTERDICTION.

       (a) Operating Expenses.--For operating expenses of the 
     Coast Guard associated with expansion of drug interdiction 
     activities around Puerto Rico, the United States Virgin 
     Islands, and other transit zone areas of operation, there is 
     authorized to be appropriated to the Secretary of 
     Transportation $151,500,000 for each of fiscal years 1999, 
     2000, and 2001. Such amounts shall include (but are not 
     limited to) amounts for the following:
       (1) For deployment of intelligent acoustic detection buoys 
     in the Florida Straits and Bahamas.
       (2) For a nonlethal technology program to enhance 
     countermeasures against the threat of transportation of drugs 
     by so-called Go-Fast boats.
       (b) Acquisition, Construction, and Improvement.--
       (1) In general.--For acquisition, construction, and 
     improvement of facilities and equipment to be used for 
     expansion of Coast Guard drug interdiction activities, there 
     is authorized to be appropriated to the Secretary of 
     Transportation for fiscal year 1999 the total amount of 
     $630,300,000 which shall be available for the following 
     purposes:
       (A) For maritime patrol aircraft sensors.
       (B) For acquisition of deployable pursuit boats.
       (C) For the acquisition and construction of up to 15 United 
     States Coast Guard Coastal Patrol Boats.
       (D) For--
       (i) the reactivation of up to 3 United States Coast Guard 
     HU-25 Falcon jets;
       (ii) the procurement of up to 3 C-37A aircraft; or
       (iii) the procurement of up to 3 C-20H aircraft.
       (E) For acquisition of installed or deployable electronic 
     sensors and communications systems for Coast Guard Cutters.
       (F) For acquisition and construction of facilities and 
     equipment to support regional and international law 
     enforcement training and support in Puerto Rico, the United 
     States Virgin Islands, and the Caribbean Basin.
       (G) For acquisition or conversion of maritime patrol 
     aircraft.
       (H) For acquisition or conversion of up to 2 vessels to be 
     used as Coast Guard Medium or High Endurance Cutters.
       (I) For acquisition or conversion of up to 2 vessels to be 
     used as Coast Guard Cutters as support, command, and control 
     platforms for drug interdiction operations.
       (J) For acquisition of up to 6 Coast Guard Medium Endurance 
     Cutters.
       (2) Continued availability.--Amounts appropriated under 
     this subsection may remain available until expended.
       (c) Requirement To Accept Patrol Craft From Department of 
     Defense.--The Secretary of Transportation shall accept, for 
     use by the Coast Guard for expanded drug interdiction 
     activities, 7 PC-170 patrol craft if offered by the 
     Department of Defense.

     SEC. 813. EXPANSION OF AIRCRAFT COVERAGE AND OPERATION IN 
                   SOURCE AND TRANSIT COUNTRIES.

       (a) Department of the Treasury.--Funds are authorized to be 
     appropriated for the Department of the Treasury for fiscal 
     years 1999, 2000, and 2001 for the enhancement of air 
     coverage and operation for drug source and transit countries 
     in the total amount of $886,500,000 which shall be available 
     for the following purposes:
       (1) For procurement of 10 P-3B Early Warning aircraft for 
     the United States Customs Service to enhance overhead air 
     coverage of drug source zone countries.
       (2) For the procurement and deployment of 10 P-3B Slick 
     airplanes for the United States Customs Service to enhance 
     overhead air coverage of the drug source zone.
       (3) In fiscal years 2000 and 2001, for operation and 
     maintenance of 10 P-3B Early Warning aircraft for the United 
     States Customs Service to enhance overhead air coverage of 
     drug source zone countries.
       (4) For personnel for the 10 P-3B Early Warning aircraft 
     for the United States Customs Service to enhance overhead air 
     coverage of drug source zone countries.
       (5) In fiscal years 2000 and 2001, for operation and 
     maintenance of 10 P-3B Slick airplanes for the United States 
     Customs Service to enhance overhead coverage of the drug 
     source zone.
       (6) For personnel for the 10 P-3B Slick airplanes for the 
     United States Customs Service to enhance overhead air 
     coverage of drug source zone countries.
       (7) For construction and furnishing of an additional 
     facility for the P-3B aircraft.
       (8) For operation and maintenance for overhead air coverage 
     for source countries.
       (9) For operation and maintenance for overhead coverage for 
     the Caribbean and Eastern Pacific regions.
       (10) For purchase and for operation and maintenance of 3 
     RU-38A observation aircraft (to be piloted by pilots under 
     contract with the United States).
       (b) Report.--Not later than January 31, 1999, the Secretary 
     of Defense, in consultation with the Secretary of State and 
     the Director of Central Intelligence, shall submit to the 
     Committee on National Security, the Committee on 
     International Relations, and the Permanent Select Committee 
     on Intelligence of the House of Representatives and to the 
     Committee on Armed Services, the Committee on Foreign 
     Relations, and the Select Committee on Intelligence of the 
     Senate a report examining the options available in the source 
     and transit zones to replace Howard Air Force Base in Panama 
     and specifying the requirements of the United States to 
     establish an airbase or airbases for use in support of 
     counternarcotics operations to optimize operational 
     effectiveness in the source and transit zones. The report 
     shall identify the following:
       (1) The specific requirements necessary to support the 
     national drug control policy of the United States.
       (2) The estimated construction, operation, and maintenance 
     costs for a replacement counterdrug airbase or airbases in 
     the source and transit zones.
       (3) Possible interagency cost sharing arrangements for a 
     replacement airbase or airbases.
       (4) Any legal or treaty-related issues regarding the 
     replacement airbase or airbases.
       (5) A summary of completed alternative site surveys for the 
     airbase or airbases.
       (c) Transfer of Aircraft.--The Secretary of the Navy shall 
     transfer to the United States Customs Service--
       (1) ten currently retired and previously identified 
     heavyweight P-3B aircraft for modification into P-3 AEW&C 
     aircraft; and

[[Page H11233]]

       (2) ten currently retired and previously identified 
     heavyweight P-3B aircraft for modification into P-3 Slick 
     aircraft.

 Subtitle B--Enhanced Eradication and Interdiction Strategy in Source 
                               Countries

     SEC. 821. ADDITIONAL ERADICATION RESOURCES FOR COLOMBIA.

       (a) Department of State.--Funds are authorized to be 
     appropriated for the Department of State for fiscal years 
     1999, 2000, and 2001 for the enhancement of drug-related 
     eradication efforts in Colombia in the total amount of 
     $201,250,000 which shall be available for the following 
     purposes:
       (1) For each such fiscal year for sustaining support of the 
     helicopters and fixed wing fleet of the national police of 
     Colombia.
       (2) For the purchase of DC-3 transport aircraft for the 
     national police of Colombia.
       (3) For acquisition of resources needed for prison security 
     in Colombia.
       (4) For the purchase of minigun systems for the national 
     police of Colombia.
       (5) For the purchase of 6 UH-60L Black Hawk utility 
     helicopters for the national police of Colombia and for 
     operation, maintenance, and training relating to such 
     helicopters.
       (6) For procurement, for upgrade of 50 UH-1H helicopters to 
     the Huey II configuration equipped with miniguns for the use 
     of the national police of Colombia.
       (7) For the repair and rebuilding of the antinarcotics base 
     in southern Colombia.
       (8) For providing sufficient and adequate base and force 
     security for any rebuilt facility in southern Colombia, and 
     the other forward operating antinarcotics bases of the 
     Colombian National Police antinarcotics unit.
       (b) Counternarcotics Assistance.--
       (1) Limitation on Provision of Assistance.--Except as 
     provided in paragraph (2), United States counternarcotics 
     assistance may not be provided for the Government of Colombia 
     under this title or under any other provision of law on or 
     after the date of enactment of this Act if the Government of 
     Colombia negotiates or permits the establishment of any 
     demilitarized zone in which the eradication of drug 
     production by the security forces of Colombia, including the 
     Colombian National Police antinarcotics unit, is prohibited.
       (2) Exception.--If the Government of Colombia negotiates or 
     permits the establishment of a demilitarized zone described 
     in paragraph (1), United States counternarcotics assistance 
     may be provided for the Government of Colombia for a period 
     of up to 90 consecutive days upon a finding by the President 
     that providing such assistance is in the national interest of 
     the United States.
       (3) Notification.--In each case in which counternarcotics 
     assistance is provided for the Government of Colombia as a 
     result of a finding by the President described in paragraph 
     (2), the President shall notify the Committees on 
     Appropriations and the authorizing committees of jurisdiction 
     of the House of Representatives and the Senate not later than 
     5 days after such assistance is provided.

     SEC. 822. ADDITIONAL ERADICATION RESOURCES FOR PERU.

       (a) Department of State.--Funds are authorized to be 
     appropriated for the Department of State for fiscal years 
     1999, 2000, and 2001 for the establishment of a third drug 
     interdiction site in Peru to support air bridge and riverine 
     missions for enhancement of drug-related eradication efforts 
     in Peru, in the total amount of $3,000,000, and an additional 
     amount of $1,000,000 for each of fiscal years 2000 and 2001 
     for operation and maintenance.
       (b) Department of Defense Study.--The Secretary of Defense 
     shall conduct a study of Peruvian counternarcotics air 
     interdiction requirements and, not later than 90 days after 
     the date of enactment of this Act, submit to Congress a 
     report on the results of the study. The study shall include a 
     review of the Peruvian Air Force's current and future 
     requirements for counternarcotics air interdiction to 
     complement the Peruvian Air Force's A-37 capability.

     SEC. 823. ADDITIONAL ERADICATION RESOURCES FOR BOLIVIA.

       Funds are authorized to be appropriated for the Department 
     of State for fiscal years 1999, 2000, and 2001 for 
     enhancement of drug-related eradication efforts in Bolivia in 
     the total amount of $17,000,000 which shall be available for 
     the following purposes:
       (1) For support of air operations in Bolivia.
       (2) For support of riverine operations in Bolivia.
       (3) For support of coca eradication programs.
       (4) For procurement of 2 mobile x-ray machines, with 
     operation and maintenance support.

     SEC. 824. MISCELLANEOUS ADDITIONAL ERADICATION RESOURCES.

       Funds are authorized to be appropriated for the Department 
     of State for fiscal years 1999, 2000, and 2001 for enhanced 
     precursor chemical control projects, in the total amount of 
     $500,000.

     SEC. 825. BUREAU OF INTERNATIONAL NARCOTICS AND LAW 
                   ENFORCEMENT AFFAIRS.

       (a) Sense of Congress Relating to Professional 
     Qualifications of Officials Responsible for International 
     Narcotics Control.--It is the sense of Congress that any 
     individual serving in the position of assistant secretary in 
     any department or agency of the Federal Government who has 
     primary responsibility for international narcotics control 
     and law enforcement, and the principal deputy of any such 
     assistant secretary, shall have substantial professional 
     qualifications in the fields of--
       (1) management;
       (2) Federal law enforcement or intelligence; and
       (3) foreign policy.
       (b) Sense of Congress Relating to Deficiencies in 
     International Narcotics Assistance Activities.--It is the 
     sense of Congress that the responsiveness and effectiveness 
     of international narcotics assistance activities under the 
     Department of State have been severely hampered due, in part, 
     to the lack of law enforcement expertise by responsible 
     personnel in the Department of State.

  Subtitle C--Enhanced Alternative Crop Development Support in Source 
                                  Zone

     SEC. 831. ALTERNATIVE CROP DEVELOPMENT SUPPORT.

       Funds are authorized to be appropriated for the United 
     States Agency for International Development for fiscal years 
     1999, 2000, and 2001 for alternative development programs in 
     the total amount of $180,000,000 which shall be available as 
     follows:
       (1) In the Guaviare, Putumayo, and Caqueta regions in 
     Colombia.
       (2) In the Ucayali, Apurimac, and Huallaga Valley regions 
     in Peru.
       (3) In the Chapare and Yungas regions in Bolivia.

     SEC. 832. AUTHORIZATION OF APPROPRIATIONS FOR AGRICULTURAL 
                   RESEARCH SERVICE COUNTERDRUG RESEARCH AND 
                   DEVELOPMENT ACTIVITIES.

       (a) In General.--There is authorized to be appropriated to 
     the Secretary of Agriculture for each of fiscal years 1999, 
     2000, and 2001, $23,000,000 to support the counternarcotics 
     research efforts of the Agricultural Research Service of the 
     Department of Agriculture. Of that amount, funds are 
     authorized as follows:
       (1) $5,000,000 shall be used for crop eradication 
     technologies.
       (2) $2,000,000 shall be used for narcotics plant 
     identification, chemistry, and biotechnology.
       (3) $1,000,000 shall be used for worldwide crop 
     identification, detection tagging, and production estimation 
     technology.
       (4) $5,000,000 shall be used for improving the disease 
     resistance, yield, and economic competitiveness of commercial 
     crops that can be promoted as alternatives to the production 
     of narcotics plants.
       (5) $10,000,000 to contract with entities meeting the 
     criteria described in subsection (b) for the product 
     development, environmental testing, registration, production, 
     aerial distribution system development, product effectiveness 
     monitoring, and modification of multiple herbicides to 
     control narcotic crops (including coca, poppy, and cannabis) 
     in the United States and internationally.
       (b) Criteria for Eligible Entities.--An entity under this 
     subsection is an entity which possesses--
       (1) experience in diseases of narcotic crops;
       (2) intellectual property involving seed-borne dispersal 
     formulations;
       (3) the availability of state-of-the-art containment or 
     quarantine facilities;
       (4) country-specific herbicide formulations;
       (5) specialized fungicide resistant formulations; or
       (6) special security arrangements.

     SEC. 833. MASTER PLAN FOR HERBICIDES TO CONTROL NARCOTIC 
                   CROPS.

       (a) In General.--The Director of the Office of National 
     Drug Control Policy shall develop a 10-year master plan for 
     the use of herbicides to control narcotic crops (including 
     coca, poppy, and cannabis) in the United States and 
     internationally.
       (b) Coordination.--The Director shall develop the plan in 
     coordination with--
       (1) the Department of Agriculture;
       (2) the Drug Enforcement Administration of the Department 
     of Justice;
       (3) the Department of Defense;
       (4) the Environmental Protection Agency;
       (5) the Bureau for International Narcotics and Law 
     Enforcement Activities of the Department of State;
       (6) the United States Information Agency; and
       (7) other appropriate agencies.
       (c) Report.--Not later than March 1, 1999, the Director of 
     the Office of National Drug Control Policy shall submit to 
     Congress a report describing the activities undertaken to 
     carry out this section.

     SEC. 834. AUTHORIZATION OF USE OF ENVIRONMENTALLY-APPROVED 
                   HERBICIDES TO ELIMINATE ILLICIT NARCOTICS 
                   CROPS.

       The Secretary of State, the Attorney General, the Secretary 
     of Agriculture, the Secretary of Defense, the Director of the 
     Office of National Drug Control Policy, and the Administrator 
     of the Environmental Protection Agency are authorized to 
     support the development and use of environmentally-approved 
     herbicides to eliminate illicit narcotics crops, including 
     coca, cannabis, and opium poppy, both in the United States 
     and in foreign countries.

      Subtitle D--Enhanced International Law Enforcement Training

     SEC. 841. ENHANCED INTERNATIONAL LAW ENFORCEMENT ACADEMY 
                   TRAINING.

       (a) Maritime Law Enforcement Training Center.--Funds are 
     authorized to be appropriated for the Department of 
     Transportation and the Department of the Treasury for fiscal 
     years 1999, 2000, and 2001 for the joint establishment, 
     operation, and maintenance in San Juan, Puerto Rico, of a 
     center for training law enforcement personnel of countries 
     located in the Latin American and Caribbean regions in 
     matters relating to maritime law enforcement, including 
     customs-related ports management matters, as follows:
       (1) For each such fiscal year for funding by the Department 
     of Transportation, $1,500,000.
       (2) For each such fiscal year for funding by the Department 
     of the Treasury, $1,500,000.
       (b) United States Coast Guard International Maritime 
     Training Vessel.--Funds are authorized to be appropriated for 
     the Department of Transportation for fiscal years 1999,

[[Page H11234]]

     2000, and 2001 for the establishment, operation, and 
     maintenance of maritime training vessels in the total amount 
     of $15,000,000 which shall be available for the following 
     purposes:
       (1) For a vessel for international maritime training, which 
     shall visit participating Latin American and Caribbean 
     nations on a rotating schedule in order to provide law 
     enforcement training and to perform maintenance on 
     participating national assets.
       (2) For support of the United States Coast Guard Balsam 
     Class Buoy Tender training vessel.

     SEC. 842. ENHANCED UNITED STATES DRUG ENFORCEMENT 
                   INTERNATIONAL TRAINING.

       (a) Mexico.--Funds are authorized to be appropriated for 
     the Department of Justice for fiscal years 1999, 2000, and 
     2001 for substantial exchanges for Mexican judges, 
     prosecutors, and police, in the total amount of $2,000,000 
     for each such fiscal year. The Attorney General shall consult 
     with the Secretary of State regarding such exchanges.
       (b) Brazil.--Funds are authorized to be appropriated for 
     the Department of Justice for fiscal years 1999, 2000, and 
     2001 for enhanced support for the Brazilian Federal Police 
     Training Center, in the total amount of $1,000,000 for each 
     such fiscal year. The Attorney General shall consult with the 
     Secretary of State regarding such enhanced support.
       (c) Panama.--
       (1) In general.--Funds are authorized to be appropriated 
     for the Department of Transportation for fiscal years 1999, 
     2000, and 2001 for operation and maintenance, for locating 
     and operating Coast Guard assets so as to strengthen the 
     capability of the Coast Guard of Panama to patrol the 
     Atlantic and Pacific coasts of Panama for drug enforcement 
     and interdiction activities, in the total amount of 
     $1,000,000 for each such fiscal year. The Secretary of 
     Transportation shall consult with the Secretary of State 
     regarding the location and operation of such assets for such 
     purposes.
       (2) Eligibility to receive training.--Notwithstanding any 
     other provision of law, members of the national police of 
     Panama shall be eligible to receive training through the 
     International Military Education Training program.
       (d) Venezuela.--There are authorized to be appropriated for 
     the Department of Justice for each of fiscal years 1999, 
     2000, and 2001, $1,000,000 for operation and maintenance, for 
     support for the Venezuelan Judicial Technical Police 
     Counterdrug Intelligence Center. The Attorney General shall 
     consult with the Secretary of State regarding such support.
       (e) Ecuador.--
       (1) In general.--Funds are authorized to be appropriated 
     for the Department of Transportation and the Department of 
     the Treasury for each of fiscal years 1999, 2000, and 2001 
     for the buildup of local coast guard and port control in 
     Guayaquil and Esmeraldas, Ecuador, as follows:
       (A) For each such fiscal year for the Department of 
     Transportation, $500,000.
       (B) For each such fiscal year for the Department of the 
     Treasury, $500,000.
       (2) Consultation.--The Secretary of Transportation and the 
     Secretary of the Treasury shall consult with the Secretary of 
     State regarding the buildup described in paragraph (1).
       (f) Haiti and the Dominican Republic.--Funds are authorized 
     to be appropriated for the Department of the Treasury for 
     each of fiscal years 1999, 2000, and 2001, $500,000 for the 
     buildup of local coast guard and port control in Haiti and 
     the Dominican Republic. The Secretary of the Treasury shall 
     consult with the Secretary of State regarding such buildup of 
     local coast guard and port patrol.
       (g) Central America.--There are authorized to be 
     appropriated for the Department of the Treasury for each of 
     fiscal years 1999, 2000, and 2001, $12,000,000 for the 
     buildup of local coast guard and port control in Belize, 
     Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. 
     The Secretary of the Treasury shall consult with the 
     Secretary of State regarding such buildup of local coast 
     guard and port patrol.

     SEC. 843. PROVISION OF NONLETHAL EQUIPMENT TO FOREIGN LAW 
                   ENFORCEMENT ORGANIZATIONS FOR COOPERATIVE 
                   ILLICIT NARCOTICS CONTROL ACTIVITIES.

       (a) In General.--(1) Subject to paragraph (2), the 
     Administrator of the Drug Enforcement Administration, in 
     consultation with the Secretary of State, may transfer or 
     lease each year nonlethal equipment to foreign law 
     enforcement organizations for the purpose of establishing and 
     carrying out cooperative illicit narcotics control 
     activities.
       (2)(A) The Administrator may transfer or lease equipment 
     under paragraph (1) only if the equipment is not designated 
     as a munitions item or controlled on the United States 
     Munitions List pursuant to section 38 of the Arms Export 
     Control Act.
       (B) The value of each piece of equipment transferred or 
     leased under paragraph (1) may not exceed $100,000.
       (b) Additional Requirement.--The Administrator shall 
     provide for the maintenance and repair of any equipment 
     transferred or leased under subsection (a).
       (c) Notification Requirement.--Before the export of any 
     item authorized for transfer under subsection (a), the 
     Administrator shall provide written notice to the Committee 
     on Foreign Relations of the Senate and the Committee on 
     International Relations of the House of Representatives in 
     accordance with the procedures applicable to reprogramming 
     notifications under section 634A of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2394-1).
       (d) Sense of Congress.--It is the sense of Congress that--
       (1) all United States law enforcement personnel serving in 
     Mexico should be accredited the same status under the Vienna 
     Convention on Diplomatic Immunity as other diplomatic 
     personnel serving at United States posts in Mexico; and
       (2) all Mexican narcotics law enforcement personnel serving 
     in the United States should be accorded the same diplomatic 
     status as Drug Enforcement Administration personnel serving 
     in Mexico.

   Subtitle E--Enhanced Drug Transit and Source Zone Law Enforcement 
                        Operations and Equipment

     SEC. 851. INCREASED FUNDING FOR OPERATIONS AND EQUIPMENT; 
                   REPORT.

       (a) Drug Enforcement Administration.--Funds are authorized 
     to be appropriated for the Drug Enforcement Administration 
     for fiscal years 1999, 2000, and 2001 for enhancement of 
     counternarcotic operations in drug transit and source 
     countries in the total amount of $58,900,000 which shall be 
     available for the following purposes:
       (1) For support of the Merlin program.
       (2) For support of the intercept program.
       (3) For support of the development and implementation of 
     automation systems to support investigative and intelligence 
     requirements.
       (4) For support of the Caribbean Initiative.
       (5) For the hire of special agents, administrative and 
     investigative support personnel, and intelligence analysts 
     for the support of investigations overseas.
       (b) Department of State.--Funds are authorized to be 
     appropriated for the Department of State for fiscal year 
     1999, 2000, and 2001 for the deployment of commercial 
     unclassified intelligence and imaging data and a Passive 
     Coherent Location System for counternarcotics and 
     interdiction purposes in the Western Hemisphere, the total 
     amount of $20,000,000.
       (c) Department of the Treasury.--Funds are authorized to be 
     appropriated for the United States Customs Service for fiscal 
     years 1999, 2000, and 2001 for enhancement of counternarcotic 
     operations in drug transit and source countries in the total 
     amount of $71,500,000 which shall be available for the 
     following purposes:
       (1) For refurbishment of up to 30 interceptor and Blue 
     Water Platform vessels in the Caribbean maritime fleet.
       (2) For purchase of up to 9 new interceptor vessels in the 
     Caribbean maritime fleet.
       (3) For the hire and training of up to 25 special agents 
     for maritime operations in the Caribbean.
       (4) For purchase of up to 60 automotive vehicles for ground 
     use in South Florida.
       (5) For each such fiscal year for operation and maintenance 
     support for up to 10 United States Customs Service Citations 
     Aircraft to be dedicated for the source and transit zone.
       (6) For purchase of non-intrusive inspection systems 
     consistent with the United States Customs Service 5-year 
     technology plan, including truck x-rays and gamma-imaging for 
     drug interdiction purposes at high-threat seaports and land 
     border ports of entry.
       (d) Department of Defense Report.--Not later than January 
     31, 1999, the Secretary of Defense, in consultation with the 
     Director of the Office of National Drug Control Policy, shall 
     submit to Congress a report examining and proposing 
     recommendations regarding any organizational changes to 
     optimize counterdrug activities, including alternative cost-
     sharing arrangements regarding the following facilities:
       (1) The Joint Inter-Agency Task Force, East, Key West, 
     Florida.
       (2) The Joint Inter-Agency Task Force, West, Alameda, 
     California.
       (3) The Joint Inter-Agency Task Force, South, Panama City, 
     Panama.
       (4) The Joint Task Force 6, El Paso, Texas.

     SEC. 852. FUNDING FOR COMPUTER SOFTWARE AND HARDWARE TO 
                   FACILITATE DIRECT COMMUNICATION BETWEEN DRUG 
                   ENFORCEMENT AGENCIES.

       (a) Authorization.--Funds are authorized to be appropriated 
     for the development and purchase of computer software and 
     hardware to facilitate direct communication between agencies 
     that perform work relating to the interdiction of drugs at 
     United States borders, including the United States Customs 
     Service, the Border Patrol, the Federal Bureau of 
     Investigation, the Drug Enforcement Agency, and the 
     Immigration and Naturalization Service, in the total amount 
     of $50,000,000.
       (b) Availability.--Funds authorized pursuant to the 
     authorization of appropriations in subsection (a) shall 
     remain available until expended.

     SEC. 853. SENSE OF CONGRESS REGARDING PRIORITY OF DRUG 
                   INTERDICTION AND COUNTERDRUG ACTIVITIES.

       It is the sense of Congress that the Secretary of Defense 
     should revise the Global Military Force Policy of the 
     Department of Defense in order--
       (1) to treat the international drug interdiction and 
     counter-drug activities of the Department as a military 
     operation other than war, thereby elevating the priority 
     given such activities under the Policy to the next priority 
     below the priority given to war under the Policy and to the 
     same priority as is given to peacekeeping operations under 
     the Policy; and
       (2) to allocate the assets of the Department to drug 
     interdiction and counter-drug activities in accordance with 
     the priority given those activities.

                 Subtitle F--Relationship to Other Laws

     SEC. 861. AUTHORIZATIONS OF APPROPRIATIONS.

       The funds authorized to be appropriated for any department 
     or agency of the Federal Government for fiscal years 1999, 
     2000, or 2001 by this title are in addition to funds 
     authorized to be appropriated for that department or agency 
     for fiscal year 1999, 2000, or 2001 by any other provision of 
     law.

[[Page H11235]]

            Subtitle G--Trafficking in Controlled Substances

     SEC. 871. SHORT TITLE.

       This subtitle may be cited as the ``Controlled Substances 
     Trafficking Prohibition Act''.

     SEC. 872. LIMITATION.

       (a) Amendment.--Section 1006(a) of the Controlled 
     Substances Import and Export Act (21 U.S.C. 956(a)) is 
     amended--
       (1) by striking ``The Attorney General'' and inserting 
     ``(1) Subject to paragraph (2), the Attorney General''; and
       (2) by adding at the end the following:
       ``(2) Notwithstanding any exemption under paragraph (1), a 
     United States resident who enters the United States through 
     an international land border with a controlled substance 
     (except a substance in schedule I) for which the individual 
     does not possess a valid prescription issued by a 
     practitioner (as defined in section 102 of the Controlled 
     Substances Act (21 U.S.C. 802)) in accordance with applicable 
     Federal and State law (or documentation that verifies the 
     issuance of such a prescription to that individual) may not 
     import the controlled substance into the United States in an 
     amount that exceeds 50 dosage units of the controlled 
     substance.''.
       (b) Federal Minimum Requirement.--Section 1006(a)(2) of the 
     Controlled Substances Import and Export Act, as added by 
     subsection (a), is a minimum Federal requirement and shall 
     not be construed to limit a State from imposing any 
     additional requirement.
       (c) Extent.--The amendment made by subsection (a) shall not 
     be construed to affect the jurisdiction of the Secretary of 
     Health and Human Services under the Federal Food, Drug and 
     Cosmetic Act (21 U.S.C. 301 et seq.).

                   TITLE IX--DRUG-FREE WORKPLACE ACT

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Drug-Free Workplace Act of 
     1998''.

     SEC. 902. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds that--
       (1) 74 percent of adults who use illegal drugs are 
     employed;
       (2) small business concerns employ over 50 percent of the 
     Nation's workforce;
       (3) in more than 88 percent of families with children under 
     the age of 18, at least 1 parent is employed; and
       (4) employees who use and abuse addictive illegal drugs and 
     alcohol increase costs for businesses and risk the health and 
     safety of all employees because--
       (A) absenteeism is 66 percent higher among drug users than 
     individuals who do not use drugs;
       (B) health benefit utilization is 300 percent higher among 
     drug users than individuals who do not use drugs;
       (C) 47 percent of workplace accidents are drug-related;
       (D) disciplinary actions are 90 percent higher among drug 
     users than among individuals who do not use drugs; and
       (E) employee turnover is significantly higher among drug 
     users than among individuals who do not use drugs.
       (b) Purposes.--The purposes of this title are to--
       (1) educate small business concerns about the advantages of 
     a drug-free workplace;
       (2) provide grants and technical assistance in addition to 
     financial incentives to enable small business concerns to 
     create a drug-free workplace;
       (3) assist working parents in keeping their children drug-
     free; and
       (4) encourage small business employers and employees alike 
     to participate in drug-free workplace programs.

     SEC. 903. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) businesses should adopt drug-free workplace programs;
       (2) States should consider incentives to encourage 
     businesses to adopt drug-free workplace programs; and
       (3) such incentives may include--
       (A) financial incentives, including--
       (i) a reduction in workers' compensation premiums;
       (ii) a reduction in unemployment insurance premiums; and
       (iii) tax deductions in an amount equal to the amount of 
     expenditures for employee assistance programs, treatment, or 
     illegal drug testing; and
       (B) other incentives, such as the adoption of liability 
     limitations, as recommended by the President's Commission on 
     Model State Drug Laws.

     SEC. 904. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

       Section 27 of the Small Business Act (15 U.S.C. 654) is 
     amended to read as follows:

     ``SEC. 27. DRUG-FREE WORKPLACE DEMONSTRATION PROGRAM.

       ``(a) Definitions.--In this section:
       ``(1) Drug-free workplace program.--The term `drug-free 
     workplace program' means a program that includes--
       ``(A) a written policy, including a clear statement of 
     expectations for workplace behavior, prohibitions against 
     reporting to work or working under the influence of illegal 
     drugs or alcohol, prohibitions against the use or possession 
     of illegal drugs in the workplace, and the consequences of 
     violating those expectations and prohibitions;
       ``(B) drug and alcohol abuse prevention training for a 
     total of not less than 2 hours for each employee, and 
     additional voluntary drug and alcohol abuse prevention 
     training for employees who are parents;
       ``(C) employee illegal drug testing, with analysis 
     conducted by a drug testing laboratory certified by the 
     Substance Abuse and Mental Health Services Administration, or 
     approved by the College of American Pathologists for forensic 
     drug testing, and a review of each positive test result by a 
     medical review officer;
       ``(D) employee access to an employee assistance program, 
     including confidential assessment, referral, and short-term 
     problem resolution; and
       ``(E) continuing alcohol and drug abuse prevention 
     education.
       ``(2) Eligible intermediary.--The term `eligible 
     intermediary' means an organization--
       ``(A) that has not less than 2 years of experience in 
     carrying out drug-free workplace programs;
       ``(B) that has a drug-free workplace policy in effect;
       ``(C) that is located in a State, the District of Columbia, 
     or a territory of the United States; and
       ``(D) the purpose of which is--
       ``(i) to develop comprehensive drug-free workplace programs 
     or to supply drug-free workplace services; or
       ``(ii) to provide other forms of assistance and services to 
     small business concerns.
       ``(3) Employee.--The term `employee' includes any--
       ``(A) applicant for employment;
       ``(B) employee;
       ``(C) supervisor;
       ``(D) manager;
       ``(E) officer of a small business concern who is active in 
     management of the concern; and
       ``(F) owner of a small business concern who is active in 
     management of the concern.
       ``(4) Medical review officer.--The term `medical review 
     officer'--
       ``(A) means a licensed physician with knowledge of 
     substance abuse disorders; and
       ``(B) does not include any--
       ``(i) employee of the small business concern; or
       ``(ii) employee or agent of, or any person having a 
     financial interest in, the laboratory for which the illegal 
     drug test results are being reviewed.
       ``(b) Establishment.--There is established a drug-free 
     workplace demonstration program, under which the 
     Administrator may make grants to, or enter into cooperative 
     agreements or contracts with, eligible intermediaries for the 
     purpose of providing financial and technical assistance to 
     small business concerns seeking to establish a drug-free 
     workplace program.
       ``(c) Privacy Protection for Employees Participating in a 
     Drug-Free Workplace Program.--Each drug-free workplace 
     program established with assistance made available under this 
     section shall--
       ``(1) include, as reasonably necessary and appropriate, 
     practices and procedures to ensure the confidentiality of 
     illegal drug test results and of any participation by an 
     employee in a rehabilitation program;
       ``(2) prohibit the mandatory disclosure of medical 
     information by an employee prior to a confirmed positive 
     illegal drug test; and
       ``(3) require that a medical review officer reviewing 
     illegal drug test results shall report only the final 
     results, limited to those drugs for which the employee tests 
     positive, in writing and in a manner designed to ensure the 
     confidentiality of the results.
       ``(d) Evaluation and Coordination.--Not later than 18 
     months after the date of enactment of the Drug-Free Workplace 
     Act of 1998, the Administrator, in coordination with the 
     Secretary of Labor, the Secretary of Health and Human 
     Services, and the Director of National Drug Control Policy, 
     shall--
       ``(1) evaluate the drug-free workplace programs established 
     with assistance made available under this section; and
       ``(2) submit to Congress a report describing the results of 
     the evaluation under paragraph (1).
       ``(e) Contract Authority.--In carrying out this section, 
     the Administrator may--
       ``(1) contract with public and private entities to provide 
     assistance related to carrying out the program under this 
     section; and
       ``(2) compensate those entities for provision of that 
     assistance.
       ``(f) Construction.--Nothing in this section may be 
     construed to require an employer who attends a program 
     offered by an intermediary to contract for any service 
     offered by the intermediary.
       ``(g) Authorization.--
       ``(1) In general.--There is authorized to be appropriated 
     to carry out this section, $10,000,000 for fiscal years 1999 
     and 2000. Amounts made available under this subsection shall 
     remain available until expended.
       ``(2) Small business development centers.--Of the total 
     amount made available under this subsection, not more than 
     the greater of 10 percent or $1,000,000 may be used to carry 
     out section 21(c)(3)(T).''.

     SEC. 905. SMALL BUSINESS DEVELOPMENT CENTERS.

       Section 21(c)(3) of the Small Business Act (15 U.S.C. 
     648(c)(3)) is amended--
       (1) in subparagraph (R), by striking ``and'' at the end;
       (2) in subparagraph (S), by striking the period at the end 
     and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(T) providing information and assistance to small 
     business concerns with respect to establishing drug-free 
     workplace programs on or before October 1, 2000.''.

             TITLE X--CANYON FERRY RESERVOIR, MONTANA, ACT

     SECTION 1001. FINDINGS.

       Congress finds that the conveyance of the properties 
     described in section 4(b) to the lessees of those properties 
     for fair market value would have the beneficial results of--
       (1) reducing Pick-Sloan project debt for the Canyon Ferry 
     Unit;
       (2) providing a permanent source of funding to acquire 
     publicly accessible land and interests in land, including 
     easements and conservation

[[Page H11236]]

     easements, in the State from willing sellers at fair market 
     value to--
       (A) restore and conserve fisheries habitat, including 
     riparian habitat;
       (B) restore and conserve wildlife habitat;
       (C) enhance public hunting, fishing, and recreational 
     opportunities; and
       (D) improve public access to public land;
       (3) eliminating Federal payments in lieu of taxes and 
     associated management expenditures in connection with the 
     Federal Government's ownership of the properties while 
     increasing local tax revenues from the new owners; and
       (4) eliminating expensive and contentious disputes between 
     the Secretary and leaseholders while ensuring that the 
     Federal Government receives full and fair value for the 
     properties.

     SEC. 1002. PURPOSES.

       The purposes of this Act are to--
       (1) establish terms and conditions under which the 
     Secretary of the Interior shall, for fair market value, 
     convey certain properties around Canyon Ferry Reservoir, 
     Montana, to private parties; and
       (2) acquire certain land for fish and wildlife conservation 
     purposes.

     SEC. 1003. DEFINITIONS.

       In this Act:
       (1) Canyon ferry-broadwater county trust.--The term 
     ``Canyon Ferry-Broadwater County Trust'' means the Canyon 
     Ferry-Broadwater County Trust established under section 8.
       (2) CFRA.--The term ``CFRA'' means the Canyon Ferry 
     Recreation Association, Incorporated, a Montana corporation.
       (3) Commissioners.--The term ``Commissioners'' means the 
     Board of Commissioners for Broadwater County, Montana.
       (4) Lease.--The term ``lease'' means a lease or permit in 
     effect on the date of enactment of this Act that gives a 
     leaseholder the right to occupy a property.
       (5) Lessee.--The term ``lessee'' means--
       (A) the leaseholder of 1 of the properties on the date of 
     enactment of this Act; and
       (B) the leaseholder's heirs, executors, and assigns of the 
     leasehold interest in the property.
       (6) Montana fish and wildlife conservation trust.--The term 
     ``Montana Fish and Wildlife Conservation Trust'' means the 
     Montana Fish and Wildlife Conservation Trust established 
     under section 7.
       (7) Project.--The term ``project'' means the Canyon Ferry 
     Unit of the Pick-Sloan Missouri River Basin Project.
       (8) Property.--
       (A) In general.--The term ``property'' means 1 of the cabin 
     sites described in section 4(b).
       (B) Use in the plural.--The term ``properties'' means all 
     265 of the properties and any contiguous parcels referred to 
     in section 4(b)(1)(B).
       (9) Purchaser.--The term ``purchaser'' means a person or 
     entity, excluding CFRA or a lessee, that purchases the 
     properties under section 4.
       (10) Reservoir.--The term ``Reservoir'' means the Canyon 
     Ferry Reservoir, Montana.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (12) State.--The term ``State'' means the State of Montana.

     SEC. 1004. SALE OF PROPERTIES.

       (a) In General.--Consistent with the Act of June 17, 1902 
     (32 Stat. 388, chapter 1093) and Acts supplemental to and 
     amendatory of that Act (43 U.S.C. 371 et seq.), the Secretary 
     shall convey to CFRA or a purchaser--
       (1) all right, title, and interest (except the mineral 
     estate) of the United States in and to the properties, 
     subject to valid existing rights and the operational 
     requirements of the Pick-Sloan Missouri River Basin Program; 
     and
       (2) perpetual easements for--
       (A) vehicular access to each property;
       (B) access to and use of 1 dock per property; and
       (C) access to and use of all boathouses, ramps, retaining 
     walls, and other improvements for which access is provided in 
     the leases as of the date of enactment of this Act.
       (b) Description of Properties.--
       (1) In general.--The properties to be conveyed are--
       (A) the 265 cabin sites of the Bureau of Reclamation 
     located along the northern end of the Reservoir in portions 
     of sections 2, 11, 12, 13, 15, 22, 23, and 26, Township 10 
     North, Range 1 West; and
       (B) any small parcel contiguous to any property (not 
     including shoreline or land needed to provide public access 
     to the shoreline of the Reservoir) that the Secretary 
     determines should be conveyed in order to eliminate an 
     inholding and facilitate administration of surrounding land 
     remaining in Federal ownership.
       (2) Acreage; legal description.--The acreage and legal 
     description of each property and of each parcel shall be 
     determined by the Secretary in consultation with CFRA.
       (3) Restrictive use covenant.--
       (A) In general.--In order to maintain the unique character 
     of the Reservoir area, the Secretary, the purchaser, CFRA, 
     and each subsequent owner of each property shall covenant 
     that the use restrictions to carry out subparagraphs (B) and 
     (C) shall--
       (i) be appurtenant to, and run, with each property; and
       (ii) be binding on each subsequent owner of each property.
       (B) Access to reservoir.--
       (i) In general.--The Secretary, the purchaser, CFRA, and 
     the subsequent owners of each property shall ensure that--

       (I) public access to and along the shoreline of the 
     Reservoir in existence on the date of enactment of this Act 
     is not obstructed; and
       (II) adequate public access to and along the shoreline of 
     the Reservoir is maintained.

       (ii) Federal reclamation law.--

       (I) In general.--No conveyance of property under this Act 
     shall restrict or limit the authority or ability of the 
     Secretary to fulfill the duties of the Secretary under the 
     Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts 
     supplemental to and amendatory of that Act (43 U.S.C. 371 et 
     seq.).
       (II) No liability.--The operation of the Reservoir by the 
     Secretary in fulfillment of the duties described in subclause 
     (I) shall not result in liability for damages, direct or 
     indirect, to the owner of any property conveyed under section 
     4(a) or damages from any loss of use or enjoyment of the 
     property.

       (C) Historical use.--The Secretary, the purchaser, CFRA, 
     and each subsequent owner of each property shall covenant 
     that future uses of the property shall be limited to the type 
     and intensity of uses in existence on the date of enactment 
     of this Act, as limited by the prohibitions contained in the 
     annual operating plan of the Bureau of Reclamation for the 
     Reservoir in effect on October 1, 1998.
       (c) Purchase Process.--
       (1) In general.--The Secretary shall--
       (A) solicit sealed bids for the properties;
       (B) subject to paragraph (2), sell the properties to the 
     bidder that submits the highest bid above the minimum bid 
     determined under paragraph (2); and
       (C) not accept any bid for less than all of the properties 
     in 1 transaction.
       (2) Minimum bid.--
       (A) In general.--Before accepting bids, the Secretary shall 
     establish a minimum bid, which shall be equal to the fair 
     market value of the properties determined by an appraisal of 
     each property, exclusive of the value of private improvements 
     made by the leaseholders before the date of the conveyance, 
     in conformance with the Uniform Appraisal Standards for 
     Federal Land Acquisition.
       (B) Fair market value.--Any dispuste over the fair market 
     value of a property under subparagraph (A) shall be resolved 
     in accordance with section 2201.4 of title 43, Code of 
     Federal Regulations.
       (3) Right of first refusal.--If the highest bidder is other 
     than CFRA, CFRA shall have the right to match the highest bid 
     and purchase the properties at a price equal to the amount of 
     the highest bid.
       (d) Terms of Conveyance.--
       (1) Purchaser.--If the highest bidder is other than CFRA, 
     and CFRA does not match the highest bid, the following shall 
     apply:
       (A) Payment.--The purchaser shall pay the amount bid to the 
     Secretary for distribution in accordance with section 6.
       (B) Conveyance.--The Secretary shall convey the properties 
     to the purchaser.
       (C) Option to purchase.--The purchaser shall give each 
     lessee of a property conveyed under this section an option to 
     purchase the property at fair market value, as determined 
     under subsection (c)(2).
       (D) Nonpurchasing lessees.--
       (i) Right to continue lease.--A lessee that is unable or 
     unwilling to purchase a property shall be provided the 
     opportunity to continue to lease the property for fair market 
     value rent under the same terms and conditions as apply under 
     the existing lease for the property, and shall have the right 
     to renew the term of the existing lease for 2 consecutive 5-
     year terms.
       (ii) Compensation for improvements.--If a lessee declines 
     to purchase a property, the purchaser shall compensate the 
     lessee for the fair market value, as determined pursuant to 
     customary appraisal procedures, of all improvements made to 
     the property by the lessee. The lessee may sell the 
     improvements to the purchaser at any time, but the sale shall 
     be completed by the final termination of the lease, after all 
     renewals under clause (i).
       (2) CFRA.--If CFRA is the highest bidder, or matches the 
     highest bid, the following shall apply:
       (A) Closing.--On receipt of a purchase request from a 
     lessee or CFRA, the Secretary shall close on the property and 
     prepare all other properties for closing within 45 days.
       (B) Payment.--At the closing for a property--
       (i) the lessee or CFRA shall deliver to the Secretary 
     payment for the property, which the Secretary shall 
     distribute in accordance with section 6; and
       (ii) the Secretary shall convey the property to the lessee 
     or CFRA.
       (C) Appraisal.--The Secretary shall determine the purchase 
     amount of each property based on the appraisal conducted 
     under subsection (c)(2), the amount of the bid under 
     subsection (c)(1), and the proportionate share of 
     administrative costs pursuant to subsection (e). The total 
     purchase amount for all properties shall equal the total bid 
     amount plus administrative costs under subsection (e).
       (D) Timing.--CFRA and the lessees shall purchase at least 
     75 percent of the properties not later than August 1 of the 
     year that begins at least 12 months after title to the first 
     property is conveyed by the Secretary to a lessee.
       (E) Right to renew.--The Secretary shall afford the lessees 
     who have not purchased properties under this section the 
     right to renew the term of the existing lease for 2 (but not 
     more than 2) consecutive 5-year terms.
       (F) Reimbursement.--A lessee shall reimburse CFRA for a 
     proportionate share of the costs to CFRA of completing the 
     transactions contemplated by this Act, including any interest 
     charges.
       (G) Rental payments.--All rent received from the leases 
     shall be distributed by the Secretary in accordance with 
     section 6.
       (e) Administrative Costs.--Any reasonable administrative 
     costs incurred by the Secretary, including the costs of 
     survey and appraisals, incident to the conveyance under 
     subsection (a) shall be reimbursed by the purchaser or CFRA.

[[Page H11237]]

       (f) Timing.--The Secretary shall make every effort to 
     complete the conveyance under subsection (a) not later than 1 
     year after the satisfaction of the condition established by 
     section 8(b).
       (g) Closings.--Real estate closings to complete the 
     conveyance under subsection (a) may be staggered to 
     facilitate the conveyance as agreed to by the Secretary and 
     the purchaser or CFRA.
       (h) Conveyance to Lessee.--If a lessee purchases a property 
     from the purchaser or CFRA, the Secretary, at the request of 
     the lessee, shall have the conveyance documents prepared in 
     the name or names of the lessee so as to minimize the amount 
     of time and number of documents required to complete the 
     closing for the property.

     SEC. 1005. AGREEMENT.

       (a) Management of Silo's Campground.--Not later than 180 
     days after the date of enactment of this Act, the Secretary, 
     acting through the Commissioner of Reclamation, shall--
       (1) offer to contract with the Commissioners to manage the 
     Silo's campground;
       (2) enter into such a contract if agreed to by the 
     Secretary and the Commissioners; and
       (3) grant necessary easements for access roads within and 
     adjacent to the Silo's campground.
       (b) Concession Income.--Any income generated by any 
     concession that may be granted by the Commissioners at the 
     Silo's recreation area--
       (1) shall be deposited in the Canyon Ferry-Broadwater 
     County Trust; and
       (2) may be disbursed by the Canyon Ferry-Broadwater County 
     Trust manager as part of the income of the Trust.

     SEC. 1006. USE OF PROCEEDS.

       Notwithstanding any other provision of law, proceeds of 
     conveyances under this Act shall be available, without 
     further Act of appropriation, as follows:
       (1) 10 percent of the proceeds shall be applied by the 
     Secretary of the Treasury to reduce the outstanding debt for 
     the Pick-Sloan project at the Reservoir.
       (2) 90 percent of the proceeds shall be deposited in the 
     Montana Fish and Wildlife Conservation Trust.

     SEC. 1007. MONTANA FISH AND WILDLIFE CONSERVATION TRUST.

       (a) Establishment.--The Secretary, in consultation with the 
     State congressional delegation and the Governor of the State, 
     shall establish a nonprofit charitable permanent perpetual 
     public trust in the State, to be known as the ``Montana Fish 
     and Wildlife Conservation Trust'' (referred to in this 
     section as the ``Trust'').
       (b) Purpose.--The purpose of the Trust shall be to provide 
     a permanent source of funding to acquire publicly accessible 
     land and interests in land, including easements and 
     conservation easements, in the State from willing sellers at 
     fair market value to--
       (1) restore and conserve fisheries habitat, including 
     riparian habitat;
       (2) restore and conserve wildlife habitat;
       (3) enhance public hunting, fishing, and recreational 
     opportunities; and
       (4) improve public access to public land.
       (c) Administration.--
       (1) Trust manager.--The Trust shall be managed by a trust 
     manager, who--
       (A) shall be responsible for investing the corpus of the 
     Trust; and
       (B) shall disburse funds from the Trust on receiving a 
     request for disbursement from a majority of the members of 
     the Joint State-Federal Agency Board established under 
     paragraph (2) and after determining, in consultation with the 
     Citizen Advisory Board established under paragraph (3) and 
     after consideration of any comments submitted by members of 
     the public, that the request meets the purpose of the Trust 
     under subsection (b) and the requirements of subsections (d) 
     and (e).
       (2) Joint state-federal agency board.--
       (A) Establishment.--There is established a Joint State-
     Federal Agency Board, which shall consist of--
       (i) 1 Forest Service employee employed in the State 
     designated by the Forest Service;
       (ii) 1 Bureau of Land Management employee employed in the 
     State designated by the Bureau of Land Management;
       (iii) 1 Bureau of Reclamation employee employed in the 
     State designated by the Bureau of Reclamation;
       (iv) 1 United States Fish and Wildlife Service employee 
     employed in the State designated by the United States Fish 
     and Wildlife Service; and
       (v) 1 Montana Department of Fish, Wildlife and Parks 
     employee designated by the Department.
       (B) Requests for disbursement.--After consulting with the 
     Citizen Advisory Board established under paragraph (3) and 
     after consideration of the Trust plan prepared under 
     paragraph (3)(C) and of any comments or requests submitted by 
     members of the public, the Joint State-Federal Agency Board, 
     by a vote of a majority of its members, may submit to the 
     Trust Manager a request for disbursement if the Board 
     determines that the request meets the purpose of the Trust.
       (3) Citizen advisory board.--
       (A) In general.--The Secretary shall nominate, and the 
     Joint State-Federal Agency Board shall approve by a majority 
     vote, a Citizen Advisory Board.
       (B) Membership.--The Citizen Advisory Board shall consist 
     of 4 members, including 1 with a demonstrated commitment to 
     improving public access to public land and to fish and 
     wildlife conservation, from each of--
       (i) a Montana organization representing agricultural 
     landowners;
       (ii) a Montana organization representing hunters;
       (iii) a Montana organization representing fishermen; and
       (iv) a Montana nonprofit land trust or environmental 
     organization.
       (C) Duties.--The Citizen Advisory Board, in consultation 
     with the Joint State-Federal Agency Board and the Montana 
     Association of Counties, shall prepare and periodically 
     update a Trust plan including recommendations for requests 
     for disbursement by the Joint State-Federal Agency Board.
       (D) Objectives of plan.--The Trust plan shall be designed 
     to maximize the effectiveness of Montana Fish and Wildlife 
     Conservation Trust expenditures considering--
       (i) public needs and requests;
       (ii) availability of property;
       (iii) alternative sources of funding; and
       (iv) availability of matching funds.
       (4) Public notice and comment.--Before requesting any 
     disbursements under paragraph (2), the Joint State-Federal 
     Agency Board shall--
       (A) notify members of the public, including local 
     governments; and
       (B) provide opportunity for public comment.
       (d) Use.--
       (1) Principal.--The principal of the Trust shall be 
     inviolate.
       (2) Earnings.--Earnings on amounts in the Trust shall be 
     used to carry out subsection (b) and to administer the Trust 
     and Citizen Advisory Board.
       (3) Local purposes.--Not more than 50 percent of the income 
     from the Trust in any year shall be used outside the 
     watershed of the Missouri River in the State, from Holter Dam 
     upstream to the confluence of the Jefferson River, Gallatin 
     River, and Madison River.
       (e) Management.--Land and interests in land acquired under 
     this section shall be managed for the purpose described in 
     subsection (b).

     SEC. 1008. CANYON FERRY-BROADWATER COUNTY TRUST.

       (a) Establishment.--The Commissioners shall establish a 
     nonprofit charitable permanent perpetual public trust to be 
     known as the ``Canyon Ferry-Broadwater County Trust'' 
     (referred to in this section as the ``Trust'').
       (b) Priority of Trust Establishment.--
       (1) Condition to sale.--No sale of property under section 4 
     shall be made until at least $3,000,000, or a lesser amount 
     as offset by in-kind contributions made before full funding 
     of the trust, is deposited as the initial corpus of the 
     Trust.
       (2) In-kind contributions.--
       (A) In general.--In-kind contributions--
       (i) shall be approved in advance by the Commissioners;
       (ii) shall be made in Broadwater County;
       (iii) shall be related to the improvement of access to the 
     portions of the Reservoir lying within Broadwater County 
     or to the creation and improvement of new and existing 
     recreational areas within Broadwater County; and
       (iv) shall not include any contribution made by Broadwater 
     County.
       (B) Approval.--Approval by the Commissioners of an in-kind 
     contribution under subparagraph (A) shall include approval of 
     the value, nature, and type of the contribution and of the 
     entity that makes the contribution.
       (3) Interest.--Notwithstanding any other provision of this 
     Act, all interest earned on the principal of the Trust shall 
     be reinvested and considered part of its corpus until the 
     condition stated in paragraph (1) is met.
       (c) Trust Management.--
       (1) Trust manager.--The Trust shall be managed by a 
     nonprofit foundation or other independent trustee to be 
     selected by the Commissioners.
       (2) Use.--The Trust manager shall invest the corpus of the 
     Trust and disburse funds as follows:
       (A) Principal.--A sum not to exceed $500,000 may be 
     expended from the corpus to pay for the planning and 
     construction of a harbor at the Silo's recreation area.
       (B) Interest.--The balance of the Trust shall be held and 
     the income shall be expended annually for the improvement of 
     access to the portions of the Reservoir lying within 
     Broadwater County, Montana, and for the creation and 
     improvement of new and existing recreational areas within 
     Broadwater County.
       (3) Disbursement.--The Trust manager--
       (A) shall approve or reject any request for disbursement; 
     and
       (B) shall not make any expenditure except on the 
     recommendation of the advisory committee established under 
     subsection (d).
       (d) Advisory Committee.--
       (1) Establishment.--The Commissioners shall appoint an 
     advisory committee consisting of not fewer than 3 nor more 
     than 5 persons.
       (2) Duties.--The advisory committee shall meet on a regular 
     basis to establish priorities and make requests for the 
     disbursement of funds to the Trust manager.
       (3) Approval by the commissioners.--The advisory committee 
     shall recommend only such expenditures as are approved by the 
     Commissioners.
       (e) No Offset.--Neither the corpus nor the income of the 
     Trust shall be used to reduce or replace the regular 
     operating expenses of the Secretary at the Reservoir, unless 
     approved by the Commissioners.

     SEC. 1009. AUTHORIZATION.

       (a) In General.--The Secretary is authorized to--
       (1) investigate, plan, construct, operate, and maintain 
     public recreational facilities on land withdrawn or acquired 
     for the development of the project;
       (2) conserve the scenery, the natural historic, 
     paleontologic, and archaeologic objects, and the wildlife on 
     the land;
       (3) provide for public use and enjoyment of the land and of 
     the water areas created by the project by such means as are 
     consistent with but subordinate to the purposes of the 
     project; and

[[Page H11238]]

       (4) investigate, plan, construct, operate, and maintain 
     facilities for the conservation of fish and wildlife 
     resources.
       (b) Costs.--The costs (including operation and maintenance 
     costs) of carrying out subsection (a) shall be 
     nonreimbursable and nonreturnable under Federal reclamation 
     law.

                 TITLE XI--MORATORIUM ON CERTAIN TAXES

     SEC. 1100. SHORT TITLE.

       This title may be cited as the ``Internet Tax Freedom 
     Act''.

     SEC. 1101. MORATORIUM.

       (a) Moratorium.--No State or political subdivision thereof 
     shall impose any of the following taxes during the period 
     beginning on October 1, 1998, and ending 3 years after the 
     date of the enactment of this Act--
       (1) taxes on Internet access, unless such tax was generally 
     imposed and actually enforced prior to October 1, 1998; and
       (2) multiple or discriminatory taxes on electronic 
     commerce.
       (b) Preservation of State and Local Taxing Authority.--
     Except as provided in this section, nothing in this title 
     shall be construed to modify, impair, or supersede, or 
     authorize the modification, impairment, or superseding of, 
     any State or local law pertaining to taxation that is 
     otherwise permissible by or under the Constitution of the 
     United States or other Federal law and in effect on the date 
     of enactment of this Act.
       (c) Liabilities and Pending Cases.--Nothing in this title 
     affects liability for taxes accrued and enforced before the 
     date of enactment of this Act, nor does this title affect 
     ongoing litigation relating to such taxes.
       (d) Definition of Generally Imposed and Actually 
     Enforced.--For purposes of this section, a tax has been 
     generally imposed and actually enforced prior to October 1, 
     1998, if, before that date, the tax was authorized by statute 
     and either--
       (1) a provider of Internet access services had a reasonable 
     opportunity to know by virtue of a rule or other public 
     proclamation made by the appropriate administrative agency of 
     the State or political subdivision thereof, that such agency 
     has interpreted and applied such tax to Internet access 
     services; or
       (2) a State or political subdivision thereof generally 
     collected such tax on charges for Internet access.
       (e) Exception to Moratorium.--
       (1) In general.--Subsection (a) shall also not apply in the 
     case of any person or entity who knowingly and with knowledge 
     of the character of the material, in interstate or foreign 
     commerce by means of the World Wide Web, makes any 
     communication for commercial purposes that is available to 
     any minor and that includes any material that is harmful to 
     minors unless such person or entity has restricted access by 
     minors to material that is harmful to minors--
       (A) by requiring use of a credit card, debit account, adult 
     access code, or adult personal identification number;
       (B) by accepting a digital certificate that verifies age; 
     or
       (C) by any other reasonable measures that are feasible 
     under available technology.
       (2) Scope of exception.--For purposes of paragraph (1), a 
     person shall not be considered to making a communication for 
     commercial purposes of material to the extent that the person 
     is--
       (A) a telecommunications carrier engaged in the provision 
     of a telecommunications service;
       (B) a person engaged in the business of providing an 
     Internet access service;
       (C) a person engaged in the business of providing an 
     Internet information location tool; or
       (D) similarly engaged in the transmission, storage, 
     retrieval, hosting, formatting, or translation (or any 
     combination thereof) of a communication made by another 
     person, without selection or alteration of the communication.
       (3) Definitions.--In this subsection:
       (A) By means of the world wide web.--The term ``by means of 
     the World Wide Web'' means by placement of material in a 
     computer server-based file archive so that it is publicly 
     accessible, over the Internet, using hypertext transfer 
     protocol, file transfer protocol, or other similar protocols.
       (B) Commercial purposes; engaged in the business.--
       (i) Commercial purposes.--A person shall be considered to 
     make a communication for commercial purposes only if such 
     person is engaged in the business of making such 
     communications.
       (ii) Engaged in the business.--The term ``engaged in the 
     business'' means that the person who makes a communication, 
     or offers to make a communication, by means of the World Wide 
     Web, that includes any material that is harmful to minors, 
     devotes time, attention, or labor to such activities, as a 
     regular course of such person's trade or business, with the 
     objective of earning a profit as a result of such 
     activities (although it is not necessary that the person 
     make a profit or that the making or offering to make such 
     communications be the person's sole or principal business 
     or source of income). A person may be considered to be 
     engaged in the business of making, by means of the World 
     Wide Web, communications for commercial purposes that 
     include material that is harmful to minors, only if the 
     person knowingly causes the material that is harmful to 
     minors to be posted on the World Wide Web or knowingly 
     solicits such material to be posted on the World Wide Web.
       (C) Internet.--The term ``Internet'' means collectively the 
     myriad of computer and telecommunications facilities, 
     including equipment and operating software, which comprise 
     the interconnected world-wide network of networks that employ 
     the Transmission Control Protocol/Internet Protocol, or any 
     predecessor or successor protocols to such protocol, to 
     communicate information of all kinds by wire or radio.
       (D) Internet access service.--The term ``Internet access 
     service'' means a service that enables users to access 
     content, information, electronic mail, or other services 
     offered over the Internet and may also include access to 
     proprietary content, information, and other services as part 
     of a package of services offered to consumers. Such term does 
     not include telecommunications services.
       (E) Internet information location tool.--The term 
     ``Internet information location tool'' means a service that 
     refers or links users to an online location on the World Wide 
     Web. Such term includes directories, indices, references, 
     pointers, and hypertext links.
       (F) Material that is harmful to minors.--The term 
     ``material that is harmful to minors'' means any 
     communication, picture, image, graphic image file, article, 
     recording, writing, or other matter of any kind that is 
     obscene or that--
       (i) the average person, applying contemporary community 
     standards, would find, taking the material as a whole and 
     with respect to minors, is designed to appeal to, or is 
     designed to pander to, the prurient interest;
       (ii) depicts, describes, or represents, in a manner 
     patently offensive with respect to minors, an actual or 
     simulated sexual act or sexual contact, an actual or 
     simulated normal or perverted sexual act, or a lewd 
     exhibition of the genitals or post-pubescent female breast; 
     and
       (iii) taken as a whole, lacks serious literary, artistic, 
     political, or scientific value for minors.
       (G) Minor.--The term ``minor'' means any person under 17 
     years of age.
       (H) Telecommunications carrier; telecommunications 
     service.--The terms ``telecommunications carrier'' and 
     ``telecommunications service'' have the meanings given such 
     terms in section 3 of the Communications Act of 1934 (47 
     U.S.C. 153).
       (f) Additional Exception to Moratorium.--
       (1) In general.--Subsection (a) shall also not apply with 
     respect to an Internet access provider, unless, at the time 
     of entering into an agreement with a customer for the 
     provision of Internet access services, such provider 
     offers such customer (either for a fee or at no charge) 
     screening software that is designed to permit the customer 
     to limit access to material on the Internet that is 
     harmful to minors.
       (2) Definitions.--In this subsection:
       (A) Internet access provider.--The term ``Internet access 
     provider'' means a person engaged in the business of 
     providing a computer and communications facility through 
     which a customer may obtain access to the Internet, but does 
     not include a common carrier to the extent that it provides 
     only telecommunications services.
       (B) Internet access services.--The term ``Internet access 
     services'' means the provision of computer and communications 
     services through which a customer using a computer and a 
     modem or other communications device may obtain access to the 
     Internet, but does not include telecommunications services 
     provided by a common carrier.
       (C) Screening software.--The term ``screening software'' 
     means software that is designed to permit a person to limit 
     access to material on the Internet that is harmful to minors.
       (3) Applicability.--Paragraph (1) shall apply to agreements 
     for the provision of Internet access services entered into on 
     or after the date that is 6 months after the date of 
     enactment of this Act.

     SEC. 1102. ADVISORY COMMISSION ON ELECTRONIC COMMERCE.

       (a) Establishment of Commission.--There is established a 
     commission to be known as the Advisory Commission on 
     Electronic Commerce (in this title referred to as the 
     ``Commission''). The Commission shall--
       (1) be composed of 19 members appointed in accordance with 
     subsection (b), including the chairperson who shall be 
     selected by the members of the Commission from among 
     themselves; and
       (2) conduct its business in accordance with the provisions 
     of this title.
       (b) Membership.--
       (1) In general.--The Commissioners shall serve for the life 
     of the Commission. The membership of the Commission shall be 
     as follows:
       (A) 3 representatives from the Federal Government, 
     comprised of the Secretary of Commerce, the Secretary of the 
     Treasury, and the United States Trade Representative (or 
     their respective delegates).
       (B) 8 representatives from State and local governments (one 
     such representative shall be from a State or local government 
     that does not impose a sales tax and one representative shall 
     be from a State that does not impose an income tax).
       (C) 8 representatives of the electronic commerce industry 
     (including small business), telecommunications carriers, 
     local retail businesses, and consumer groups, comprised of--
       (i) 5 individuals appointed by the Majority Leader of the 
     Senate;
       (ii) 3 individuals appointed by the Minority Leader of the 
     Senate;
       (iii) 5 individuals appointed by the Speaker of the House 
     of Representatives; and
       (iv) 3 individuals appointed by the Minority Leader of the 
     House of Representatives.
       (2) Appointments.--Appointments to the Commission shall be 
     made not later than 45 days after the date of the enactment 
     of this Act. The chairperson shall be selected not later than 
     60 days after the date of the enactment of this Act.
       (3) Vacancies.--Any vacancy in the Commission shall not 
     affect its powers, but shall be filled in the same manner as 
     the original appointment.
       (c) Acceptance of Gifts and Grants.--The Commission may 
     accept, use, and dispose of gifts or grants of services or 
     property, both real and personal, for purposes of aiding or 
     facilitating the work of the Commission. Gifts or grants not 
     used at the expiration of the Commission shall be returned to 
     the donor or grantor.

[[Page H11239]]

       (d) Other Resources.--The Commission shall have reasonable 
     access to materials, resources, data, and other information 
     from the Department of Justice, the Department of Commerce, 
     the Department of State, the Department of the Treasury, and 
     the Office of the United States Trade Representative. The 
     Commission shall also have reasonable access to use the 
     facilities of any such Department or Office for purposes of 
     conducting meetings.
       (e) Sunset.--The Commission shall terminate 18 months after 
     the date of the enactment of this Act.
       (f) Rules of the Commission.--
       (1) Quorum.--Nine members of the Commission shall 
     constitute a quorum for conducting the business of the 
     Commission.
       (2) Meetings.--Any meetings held by the Commission shall be 
     duly noticed at least 14 days in advance and shall be open to 
     the public.
       (3) Opportunities to testify.--The Commission shall provide 
     opportunities for representatives of the general public, 
     taxpayer groups, consumer groups, and State and local 
     government officials to testify.
       (4) Additional rules.--The Commission may adopt other rules 
     as needed.
       (g) Duties of the Commission.--
       (1) In general.--The Commission shall conduct a thorough 
     study of Federal, State and local, and international taxation 
     and tariff treatment of transactions using the Internet and 
     Internet access and other comparable intrastate, interstate 
     or international sales activities.
       (2) Issues to be studied.--The Commission may include in 
     the study under subsection (a)--
       (A) an examination of--
       (i) barriers imposed in foreign markets on United States 
     providers of property, goods, services, or information 
     engaged in electronic commerce and on United States providers 
     of telecommunications services; and
       (ii) how the imposition of such barriers will affect United 
     States consumers, the competitiveness of United States 
     citizens providing property, goods, services, or information 
     in foreign markets, and the growth and maturing of the 
     Internet;
       (B) an examination of the collection and administration of 
     consumption taxes on electronic commerce in other countries 
     and the United States, and the impact of such collection on 
     the global economy, including an examination of the 
     relationship between the collection and administration of 
     such taxes when the transaction uses the Internet and when it 
     does not;
       (C) an examination of the impact of the Internet and 
     Internet access (particularly voice transmission) on the 
     revenue base for taxes imposed under section 4251 of the 
     Internal Revenue Code of 1986;
       (D) an examination of model State legislation that--
       (i) would provide uniform definitions of categories of 
     property, goods, service, or information subject to or exempt 
     from sales and use taxes; and
       (ii) would ensure that Internet access services, online 
     services, and communications and transactions using the 
     Internet, Internet access service, or online services would 
     be treated in a tax and technologically neutral manner 
     relative to other forms of remote sales;
       (E) an examination of the effects of taxation, including 
     the absence of taxation, on all interstate sales 
     transactions, including transactions using the Internet, on 
     retail businesses and on State and local governments, which 
     examination may include a review of the efforts of State and 
     local governments to collect sales and use taxes owed on in-
     State purchases from out-of-State sellers; and
       (F) the examination of ways to simplify Federal and State 
     and local taxes imposed on the provision of 
     telecommunications services.
       (3) Effect on the communications act of 1934.--Nothing in 
     this section shall include an examination of any fees or 
     charges imposed by the Federal Communications Commission or 
     States related to--
       (A) obligations under the Communications Act of 1934 (47 
     U.S.C. 151 et seq.); or
       (B) the implementation of the Telecommunications Act of 
     1996 (or of amendments made by that Act).
       (h) National Tax Association Communications and Electronic 
     Commerce Tax Project.--The Commission shall, to the extent 
     possible, ensure that its work does not undermine the efforts 
     of the National Tax Association Communications and Electronic 
     Commerce Tax Project.

     SEC. 1103. REPORT.

       Not later than 18 months after the date of the enactment of 
     this Act, the Commission shall transmit to Congress for its 
     consideration a report reflecting the results, including such 
     legislative recommendations as required to address the 
     findings of the Commission's study under this title. Any 
     recommendation agreed to by the Commission shall be tax and 
     technologically neutral and apply to all forms of remote 
     commerce. No finding or recommendation shall be included in 
     the report unless agreed to by at least two-thirds of the 
     members of the Commission serving at the time the finding or 
     recommendation is made.

     SEC. 1104. DEFINITIONS.

       For the purposes of this title:
       (1) Bit tax.--The term ``bit tax'' means any tax on 
     electronic commerce expressly imposed on or measured by the 
     volume of digital information transmitted electronically, or 
     the volume of digital information per unit of time 
     transmitted electronically, but does not include taxes 
     imposed on the provision of telecommunications services.
       (2) Discriminatory tax.--The term ``discriminatory tax'' 
     means--
       (A) any tax imposed by a State or political subdivision 
     thereof on electronic commerce that--
       (i) is not generally imposed and legally collectible by 
     such State or such political subdivision on transactions 
     involving similar property, goods, services, or information 
     accomplished through other means;
       (ii) is not generally imposed and legally collectible at 
     the same rate by such State or such political subdivision on 
     transactions involving similar property, goods, services, or 
     information accomplished through other means, unless the rate 
     is lower as part of a phase-out of the tax over not more than 
     a 5-year period;
       (iii) imposes an obligation to collect or pay the tax on a 
     different person or entity than in the case of transactions 
     involving similar property, goods, services, or information 
     accomplished through other means;
       (iv) establishes a classification of Internet access 
     service providers or online service providers for purposes of 
     establishing a higher tax rate to be imposed on such 
     providers than the tax rate generally applied to providers of 
     similar information services delivered through other means; 
     or
       (B) any tax imposed by a State or political subdivision 
     thereof, if--
       (i) except with respect to a tax (on Internet access) that 
     was generally imposed and actually enforced prior to October 
     1, 1998, the sole ability to access a site on a remote 
     seller's out-of-State computer server is considered a factor 
     in determining a remote seller's tax collection obligation; 
     or
       (ii) a provider of Internet access service or online 
     services is deemed to be the agent of a remote seller for 
     determining tax collection obligations solely as a result 
     of--
       (I) the display of a remote seller's information or content 
     on the out-of-State computer server of a provider of Internet 
     access service or online services; or
       (II) the processing of orders through the out-of-State 
     computer server of a provider of Internet access service or 
     online services.
       (3) Electronic commerce.--The term ``electronic commerce'' 
     means any transaction conducted over the Internet or through 
     Internet access, comprising the sale, lease, license, offer, 
     or delivery of property, goods, services, or information, 
     whether or not for consideration, and includes the provision 
     of Internet access.
       (4) Internet.--The term ``Internet'' means collectively the 
     myriad of computer and telecommunications facilities, 
     including equipment and operating software, which comprise 
     the interconnected world-wide network of networks that employ 
     the Transmission Control Protocol/Internet Protocol, or any 
     predecessor or successor protocols to such protocol, to 
     communicate information of all kinds by wire or radio.
       (5) Internet access.--The term ``Internet access'' means a 
     service that enables users to access content, information, 
     electronic mail, or other services offered over the Internet, 
     and may also include access to proprietary content, 
     information, and other services as part of a package of 
     services offered to users. Such term does not include 
     telecommunications services.
       (6) Multiple tax.--
       (A) In general.--The term ``multiple tax'' means any tax 
     that is imposed by one State or political subdivision thereof 
     on the same or essentially the same electronic commerce that 
     is also subject to another tax imposed by another State or 
     political subdivision thereof (whether or not at the same 
     rate or on the same basis), without a credit (for example, a 
     resale exemption certificate) for taxes paid in other 
     jurisdictions.
       (B) Exception.--Such term shall not include a sales or use 
     tax imposed by a State and 1 or more political subdivisions 
     thereof on the same electronic commerce or a tax on persons 
     engaged in electronic commerce which also may have been 
     subject to a sales or use tax thereon.
       (C) Sales or use tax.--For purposes of subparagraph (B), 
     the term ``sales or use tax'' means a tax that is imposed on 
     or incident to the sale, purchase, storage, consumption, 
     distribution, or other use of tangible personal property or 
     services as may be defined by laws imposing such tax and 
     which is measured by the amount of the sales price or other 
     charge for such property or service.
       (7) State.--The term ``State'' means any of the several 
     States, the District of Columbia, or any commonwealth, 
     territory, or possession of the United States.
       (8) Tax.--
       (A) In general.--The term ``tax'' means--
       (i) any charge imposed by any governmental entity for the 
     purpose of generating revenues for governmental purposes, and 
     is not a fee imposed for a specific privilege, service, or 
     benefit conferred; or
       (ii) the imposition on a seller of an obligation to collect 
     and to remit to a governmental entity any sales or use tax 
     imposed on a buyer by a governmental entity.
       (B) Exception.--Such term does not include any franchise 
     fee or similar fee imposed by a State or local franchising 
     authority, pursuant to section 622 or 653 of the 
     Communications Act of 1934 (47 U.S.C. 542, 573), or any other 
     fee related to obligations or telecommunications carriers 
     under the Communications Act of 1934 (47 U.S.C. 151 et seq.).
       (9) Telecommunications service.--The term 
     ``telecommunications service'' has the meaning given such 
     term in section 3(46) of the Communications Act of 1934 (47 
     U.S.C. 153(46)) and includes communications services (as 
     defined in section 4251 of the Internal Revenue Code of 
     1986).
       (10) Tax on internet access.--The term ``tax on Internet 
     access'' means a tax on Internet access, including the 
     enforcement or application of any new or preexisting tax on 
     the sale or use of Internet services unless such tax was 
     generally imposed and actually enforced prior to October 1, 
     1998.

[[Page H11240]]

                      TITLE XII--OTHER PROVISIONS

     SEC. 1201. DECLARATION THAT INTERNET SHOULD BE FREE OF NEW 
                   FEDERAL TAXES.

       It is the sense of Congress that no new Federal taxes 
     similar to the taxes described in section 1101(a) should be 
     enacted with respect to the Internet and Internet access 
     during the moratorium provided in such section.

     SEC. 1202. NATIONAL TRADE ESTIMATE.

       Section 181 of the Trade Act of 1974 (19 U.S.C. 2241) is 
     amended--
       (1) in subsection (a)(1)--
       (A) in subparagraph (A)--
       (i) by striking ``and'' at the end of clause (i);
       (ii) by inserting ``and'' at the end of clause (ii); and
       (iii) by inserting after clause (ii) the following new 
     clause:
       ``(iii) United States electronic commerce,''; and
       (B) in subparagraph (C)--
       (i) by striking ``and'' at the end of clause (i);
       (ii) by inserting ``and'' at the end of clause (ii);
       (iii) by inserting after clause (ii) the following new 
     clause:
       ``(iii) the value of additional United States electronic 
     commerce,''; and
       (iv) by inserting ``or transacted with,'' after ``or 
     invested in'';
       (2) in subsection (a)(2)(E)--
       (A) by striking ``and'' at the end of clause (i);
       (B) by inserting ``and'' at the end of clause (ii); and
       (C) by inserting after clause (ii) the following new 
     clause:
       ``(iii) the value of electronic commerce transacted 
     with,''; and
       (3) by adding at the end the following new subsection:
       ``(d) Electronic Commerce.--For purposes of this section, 
     the term `electronic commerce' has the meaning given that 
     term in section 1104(3) of the Internet Tax Freedom Act.''.

     SEC. 1203. DECLARATION THAT THE INTERNET SHOULD BE FREE OF 
                   FOREIGN TARIFFS, TRADE BARRIERS, AND OTHER 
                   RESTRICTIONS.

       (a) In General.--It is the sense of Congress that the 
     President should seek bilateral, regional, and multilateral 
     agreements to remove barriers to global electronic commerce 
     through the World Trade Organization, the Organization for 
     Economic Cooperation and Development, the Trans-Atlantic 
     Economic Partnership, the Asia Pacific Economic Cooperation 
     forum, the Free Trade Area of the America, the North American 
     Free Trade Agreement, and other appropriate venues.
       (b) Negotiating Objectives.--The negotiating objectives of 
     the United States shall be--
       (1) to assure that electronic commerce is free from--
       (A) tariff and nontariff barriers;
       (B) burdensome and discriminatory regulation and standards; 
     and
       (C) discriminatory taxation; and
       (2) to accelerate the growth of electronic commerce by 
     expanding market access opportunities for--
       (A) the development of telecommunications infrastructure;
       (B) the procurement of telecommunications equipment;
       (C) the provision of Internet access and telecommunications 
     services; and
       (D) the exchange of goods, services, and digitalized 
     information.
       (c) Electronic Commerce.--For purposes of this section, the 
     term ``electronic commerce'' has the meaning given that term 
     in section 1104(3).

     SEC. 1204. NO EXPANSION OF TAX AUTHORITY.

       Nothing in this title shall be construed to expand the duty 
     of any person to collect or pay taxes beyond that which 
     existed immediately before the date of the enactment of this 
     Act.

     SEC. 1205. PRESERVATION OF AUTHORITY.

       Nothing in this title shall limit or otherwise affect the 
     implementation of the Telecommunications Act of 1996 (Public 
     Law 104-104) or the amendments made by such Act.

     SEC. 1206. SEVERABILITY.

       If any provision of this title, or any amendment made by 
     this title, or the application of that provision to any 
     person or circumstance, is held by a court of competent 
     jurisdiction to violate any provision of the Constitution of 
     the United States, then the other provisions of that title, 
     and the application of that provision to other persons and 
     circumstances, shall not be affected.

            TITLE XIII--CHILDREN'S ONLINE PRIVACY PROTECTION

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Children's Online Privacy 
     Protection Act of 1998''.

     SEC. 1302. DEFINITIONS.

       In this title:
       (1) Child.--The term ``child'' means an individual under 
     the age of 13.
       (2) Operator.--The term ``operator''--
       (A) means any person who operates a website located on the 
     Internet or an online service and who collects or maintains 
     personal information from or about the users of or visitors 
     to such website or online service, or on whose behalf such 
     information is collected or maintained, where such website or 
     online service is operated for commercial purposes, including 
     any person offering products or services for sale through 
     that website or online service, involving commerce--
       (i) among the several States or with 1 or more foreign 
     nations;
       (ii) in any territory of the United States or in the 
     District of Columbia, or between any such territory and--

     (I) another such territory; or
     (II) any State or foreign nation; or

       (iii) between the District of Columbia and any State, 
     territory, or foreign nation; but
       (B) does not include any nonprofit entity that would 
     otherwise be exempt from coverage under section 5 of the 
     Federal Trade Commission Act (15 U.S.C. 45).
       (3) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (4) Disclosure.--The term ``disclosure'' means, with 
     respect to personal information--
       (A) the release of personal information collected from a 
     child in identifiable form by an operator for any purpose, 
     except where such information is provided to a person other 
     than the operator who provides support for the internal 
     operations of the website and does not disclose or use that 
     information for any other purpose; and
       (B) making personal information collected from a child by a 
     website or online service directed to children or with actual 
     knowledge that such information was collected from a child, 
     publicly available in identifiable form, by any means 
     including by a public posting, through the Internet, or 
     through--
       (i) a home page of a website;
       (ii) a pen pal service;
       (iii) an electronic mail service;
       (iv) a message board; or
       (v) a chat room.
       (5) Federal agency.--The term ``Federal agency'' means an 
     agency, as that term is defined in section 551(1) of title 5, 
     United States Code.
       (6) Internet.--The term ``Internet'' means collectively the 
     myriad of computer and telecommunications facilities, 
     including equipment and operating software, which comprise 
     the interconnected world-wide network of networks that employ 
     the Transmission Control Protocol/Internet Protocol, or any 
     predecessor or successor protocols to such protocol, to 
     communicate information of all kinds by wire or radio.
       (7) Parent.--The term ``parent'' includes a legal guardian.
       (8) Personal information.--The term ``personal 
     information'' means individually identifiable information 
     about an individual collected online, including--
       (A) a first and last name;
       (B) a home or other physical address including street name 
     and name of a city or town;
       (C) an e-mail address;
       (D) a telephone number;
       (E) a Social Security number;
       (F) any other identifier that the Commission determines 
     permits the physical or online contacting of a specific 
     individual; or
       (G) information concerning the child or the parents of that 
     child that the website collects online from the child and 
     combines with an identifier described in this paragraph.
       (9) Verifiable parental consent.--The term ``verifiable 
     parental consent'' means any reasonable effort (taking into 
     consideration available technology), including a request for 
     authorization for future collection, use, and disclosure 
     described in the notice, to ensure that a parent of a child 
     receives notice of the operator's personal information 
     collection, use, and disclosure practices, and authorizes the 
     collection, use, and disclosure, as applicable, of personal 
     information and the subsequent use of that information before 
     that information is collected from that child.
       (10) Website or online service directed to children.--
       (A) In general.--The term ``website or online service 
     directed to children'' means--
       (i) a commercial website or online service that is targeted 
     to children; or
       (ii) that portion of a commercial website or online service 
     that is targeted to children.
       (B) Limitation.--A commercial website or online service, or 
     a portion of a commercial website or online service, shall 
     not be deemed directed to children solely for referring or 
     linking to a commercial website or online service directed to 
     children by using information location tools, including a 
     directory, index, reference, pointer, or hypertext link.
       (11) Person.--The term ``person'' means any individual, 
     partnership, corporation, trust, estate, cooperative, 
     association, or other entity.
       (12) Online contact information.--The term ``online contact 
     information'' means an e-mail address or another 
     substantially similar identifier that permits direct contact 
     with a person online.

     SEC. 1303. REGULATION OF UNFAIR AND DECEPTIVE ACTS AND 
                   PRACTICES IN CONNECTION WITH THE COLLECTION AND 
                   USE OF PERSONAL INFORMATION FROM AND ABOUT 
                   CHILDREN ON THE INTERNET.

       (a) Acts Prohibited.--
       (1) In general.--It is unlawful for an operator of a 
     website or online service directed to children, or any 
     operator that has actual knowledge that it is collecting 
     personal information from a child, to collect personal 
     information from a child in a manner that violates the 
     regulations prescribed under subsection (b).
       (2) Disclosure to parent protected.--Notwithstanding 
     paragraph (1), neither an operator of such a website or 
     online service nor the operator's agent shall be held to be 
     liable under any Federal or State law for any disclosure made 
     in good faith and following reasonable procedures in 
     responding to a request for disclosure of personal 
     information under subsection (b)(1)(B)(iii) to the parent of 
     a child.
       (b) Regulations.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, the Commission shall promulgate 
     under section 553 of title 5, United States Code, regulations 
     that--
       (A) require the operator of any website or online service 
     directed to children that collects personal information from 
     children or the operator of a website or online service that 
     has actual knowledge that it is collecting personal 
     information from a child--

[[Page H11241]]

       (i) to provide notice on the website of what information is 
     collected from children by the operator, how the operator 
     uses such information, and the operator's disclosure 
     practices for such information; and
       (ii) to obtain verifiable parental consent for the 
     collection, use, or disclosure of personal information from 
     children;
       (B) require the operator to provide, upon request of a 
     parent under this subparagraph whose child has provided 
     personal information to that website or online service, upon 
     proper identification of that parent, to such parent--
       (i) a description of the specific types of personal 
     information collected from the child by that operator;
       (ii) the opportunity at any time to refuse to permit the 
     operator's further use or maintenance in retrievable form, or 
     future online collection, of personal information from that 
     child; and
       (iii) notwithstanding any other provision of law, a means 
     that is reasonable under the circumstances for the parent to 
     obtain any personal information collected from that child;
       (C) prohibit conditioning a child's participation in a 
     game, the offering of a prize, or another activity on the 
     child disclosing more personal information than is reasonably 
     necessary to participate in such activity; and
       (D) require the operator of such a website or online 
     service to establish and maintain reasonable procedures to 
     protect the confidentiality, security, and integrity of 
     personal information collected from children.
       (2) When consent not required.--The regulations shall 
     provide that verifiable parental consent under paragraph 
     (1)(A)(ii) is not required in the case of--
       (A) online contact information collected from a child that 
     is used only to respond directly on a one-time basis to a 
     specific request from the child and is not used to recontact 
     the child and is not maintained in retrievable form by the 
     operator;
       (B) a request for the name or online contact information of 
     a parent or child that is used for the sole purpose of 
     obtaining parental consent or providing notice under this 
     section and where such information is not maintained in 
     retrievable form by the operator if parental consent is not 
     obtained after a reasonable time;
       (C) online contact information collected from a child that 
     is used only to respond more than once directly to a specific 
     request from the child and is not used to recontact the child 
     beyond the scope of that request--
       (i) if, before any additional response after the initial 
     response to the child, the operator uses reasonable efforts 
     to provide a parent notice of the online contact information 
     collected from the child, the purposes for which it is to be 
     used, and an opportunity for the parent to request that the 
     operator make no further use of the information and that it 
     not be maintained in retrievable form; or
       (ii) without notice to the parent in such circumstances as 
     the Commission may determine are appropriate, taking into 
     consideration the benefits to the child of access to 
     information and services, and risks to the security and 
     privacy of the child, in regulations promulgated under this 
     subsection;
       (D) the name of the child and online contact information 
     (to the extent reasonably necessary to protect the safety of 
     a child participant on the site)--
       (i) used only for the purpose of protecting such safety;
       (ii) not used to recontact the child or for any other 
     purpose; and
       (iii) not disclosed on the site,
       if the operator uses reasonable efforts to provide a parent 
     notice of the name and online contact information collected 
     from the child, the purposes for which it is to be used, and 
     an opportunity for the parent to request that the operator 
     make no further use of the information and that it not be 
     maintained in retrievable form; or
       (E) the collection, use, or dissemination of such 
     information by the operator of such a website or online 
     service necessary--
       (i) to protect the security or integrity of its website;
       (ii) to take precautions against liability;
       (iii) to respond to judicial process; or
       (iv) to the extent permitted under other provisions of law, 
     to provide information to law enforcement agencies or for an 
     investigation on a matter related to public safety.
       (3) Termination of service.--The regulations shall permit 
     the operator of a website or an online service to terminate 
     service provided to a child whose parent has refused, under 
     the regulations prescribed under paragraph (1)(B)(ii), to 
     permit the operator's further use or maintenance in 
     retrievable form, or future online collection, of personal 
     information from that child.
     (c) Enforcement.--Subject to sections 1304 and 1306, a 
     violation of a regulation prescribed under subsection (a) 
     shall be treated as a violation of a rule defining an unfair 
     or deceptive act or practice prescribed under section 
     18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
     57a(a)(1)(B)).
     (d) Inconsistent State Law.--No State or local government may 
     impose any liability for commercial activities or actions by 
     operators in interstate or foreign commerce in connection 
     with an activity or action described in this title that is 
     inconsistent with the treatment of those activities or 
     actions under this section.

     SEC. 1304. SAFE HARBORS.

     (a) Guidelines.--An operator may satisfy the requirements of 
     regulations issued under section 1303(b) by following a set 
     of self-regulatory guidelines, issued by representatives of 
     the marketing or online industries, or by other persons, 
     approved under subsection (b).
     (b) Incentives.--
       (1) Self-regulatory incentives.--In prescribing regulations 
     under section 1303, the Commission shall provide incentives 
     for self-regulation by operators to implement the protections 
     afforded children under the regulatory requirements described 
     in subsection (b) of that section.
       (2) Deemed compliance.--Such incentives shall include 
     provisions for ensuring that a person will be deemed to be in 
     compliance with the requirements of the regulations under 
     section 1303 if that person complies with guidelines that, 
     after notice and comment, are approved by the Commission upon 
     making a determination that the guidelines meet the 
     requirements of the regulations issued under section 1303.
       (3) Expedited response to requests.--The Commission shall 
     act upon requests for safe harbor treatment within 180 days 
     of the filing of the request, and shall set forth in writing 
     its conclusions with regard to such requests.
     (c) Appeals.--Final action by the Commission on a request for 
     approval of guidelines, or the failure to act within 180 days 
     on a request for approval of guidelines, submitted under 
     subsection (b) may be appealed to a district court of the 
     United States of appropriate jurisdiction as provided for 
     in section 706 of title 5, United States Code.

     SEC. 1305. ACTIONS BY STATES.

       (a) In General.--
       (1) Civil actions.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been or is threatened or 
     adversely affected by the engagement of any person in a 
     practice that violates any regulation of the Commission 
     prescribed under section 1303(b), the State, as parens 
     patriae, may bring a civil action on behalf of the residents 
     of the State in a district court of the United States of 
     appropriate jurisdiction to--
       (A) enjoin that practice;
       (B) enforce compliance with the regulation;
       (C) obtain damage, restitution, or other compensation on 
     behalf of residents of the State; or
       (D) obtain such other relief as the court may consider to 
     be appropriate.
       (2) Notice.--
       (A) In general.--Before filing an action under paragraph 
     (1), the attorney general of the State involved shall provide 
     to the Commission--
       (i) written notice of that action; and
       (ii) a copy of the complaint for that action.
       (B) Exemption.--
       (i) In general.--Subparagraph (A) shall not apply with 
     respect to the filing of an action by an attorney general of 
     a State under this subsection, if the attorney general 
     determines that it is not feasible to provide the notice 
     described in that subparagraph before the filing of the 
     action.
       (ii) Notification.--In an action described in clause (i), 
     the attorney general of a State shall provide notice and a 
     copy of the complaint to the Commission at the same time as 
     the attorney general files the action.
       (b) Intervention.--
       (1) In general.--On receiving notice under subsection 
     (a)(2), the Commission shall have the right to intervene in 
     the action that is the subject of the notice.
       (2) Effect of intervention.--If the Commission intervenes 
     in an action under subsection (a), it shall have the right--
       (A) to be heard with respect to any matter that arises in 
     that action; and
       (B) to file a petition for appeal.
       (3) Amicus curiae.--Upon application to the court, a person 
     whose self-regulatory guidelines have been approved by the 
     Commission and are relied upon as a defense by any defendant 
     to a proceeding under this section may file amicus curiae in 
     that proceeding.
       (c) Construction.--For purposes of bringing any civil 
     action under subsection (a), nothing in this title shall be 
     construed to prevent an attorney general of a State from 
     exercising the powers conferred on the attorney general by 
     the laws of that State to--
       (1) conduct investigations;
       (2) administer oaths or affirmations; or
       (3) compel the attendance of witnesses or the production of 
     documentary and other evidence.
       (d) Actions by the Commission.--In any case in which an 
     action is instituted by or on behalf of the Commission for 
     violation of any regulation prescribed under section 1303, no 
     State may, during the pendency of that action, institute an 
     action under subsection (a) against any defendant named in 
     the complaint in that action for violation of that 
     regulation.
       (e) Venue; Service of Process.--
       (1) Venue.--Any action brought under subsection (a) may be 
     brought in the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code.
       (2) Service of process.--In an action brought under 
     subsection (a), process may be served in any district in 
     which the defendant--
       (A) is an inhabitant; or
       (B) may be found.

     SEC. 1306. ADMINISTRATION AND APPLICABILITY OF ACT.

       (a) In General.--Except as otherwise provided, this title 
     shall be enforced by the Commission under the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.).
       (b) Provisions.--Compliance with the requirements imposed 
     under this title shall be enforced under--
       (1) section 8 of the Federal Deposit Insurance Act (12 
     U.S.C. 1818), in the case of--
       (A) national banks, and Federal branches and Federal 
     agencies of foreign banks, by the Office of the Comptroller 
     of the Currency;
       (B) member banks of the Federal Reserve System (other than 
     national banks), branches and agencies of foreign banks 
     (other than Federal branches, Federal agencies, and insured 
     State

[[Page H11242]]

     branches of foreign banks), commercial lending companies 
     owned or controlled by foreign banks, and organizations 
     operating under section 25 or 25(a) of the Federal Reserve 
     Act (12 U.S.C. 601 et seq. and 611 et seq.), by the Board; 
     and
       (C) banks insured by the Federal Deposit Insurance 
     Corporation (other than members of the Federal Reserve 
     System) and insured State branches of foreign banks, by the 
     Board of Directors of the Federal Deposit Insurance 
     Corporation;
       (2) section 8 of the Federal Deposit Insurance Act (12 
     U.S.C. 1818), by the Director of the Office of Thrift 
     Supervision, in the case of a savings association the 
     deposits of which are insured by the Federal Deposit 
     Insurance Corporation;
       (3) the Federal Credit Union Act (12 U.S.C. 1751 et seq.) 
     by the National Credit Union Administration Board with 
     respect to any Federal credit union;
       (4) part A of subtitle VII of title 49, United States Code, 
     by the Secretary of Transportation with respect to any air 
     carrier or foreign air carrier subject to that part;
       (5) the Packers and Stockyards Act, 1921 (7 U.S.C. 181 et 
     seq.) (except as provided in section 406 of that Act (7 
     U.S.C. 226, 227)), by the Secretary of Agriculture with 
     respect to any activities subject to that Act; and
       (6) the Farm Credit Act of 1971 (12 U.S.C. 2001 et seq.) by 
     the Farm Credit Administration with respect to any Federal 
     land bank, Federal land bank association, Federal 
     intermediate credit bank, or production credit association.
       (c) Exercise of Certain Powers.--For the purpose of the 
     exercise by any agency referred to in subsection (a) of its 
     powers under any Act referred to in that subsection, a 
     violation of any requirement imposed under this title shall 
     be deemed to be a violation of a requirement imposed under 
     that Act. In addition to its powers under any provision of 
     law specifically referred to in subsection (a), each of the 
     agencies referred to in that subsection may exercise, for the 
     purpose of enforcing compliance with any requirement imposed 
     under this title, any other authority conferred on it by law.
       (d) Actions by the Commission.--The Commission shall 
     prevent any person from violating a rule of the Commission 
     under section 1303 in the same manner, by the same means, and 
     with the same jurisdiction, powers, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act (15 U.S.C. 41 et seq.) were incorporated into 
     and made a part of this title. Any entity that violates such 
     rule shall be subject to the penalties and entitled to the 
     privileges and immunities provided in the Federal Trade 
     Commission Act in the same manner, by the same means, and 
     with the same jurisdiction, power, and duties as though all 
     applicable terms and provisions of the Federal Trade 
     Commission Act were incorporated into and made a part of this 
     title.
       (e) Effect on Other Laws.--Nothing contained in the Act 
     shall be construed to limit the authority of the Commission 
     under any other provisions of law.

     SEC. 1307. REVIEW.

       Not later than 5 years after the effective date of the 
     regulations initially issued under section 1303, the 
     Commission shall--
       (1) review the implementation of this title, including the 
     effect of the implementation of this title on practices 
     relating to the collection and disclosure of information 
     relating to children, children's ability to obtain access to 
     information of their choice online, and on the availability 
     of websites directed to children; and
       (2) prepare and submit to Congress a report on the results 
     of the review under paragraph (1).

     SEC. 1308. EFFECTIVE DATE.

       Sections 1303(a), 1305, and 1306 of this title take effect 
     on the later of--
       (1) the date that is 18 months after the date of enactment 
     of this Act; or
       (2) the date on which the Commission rules on the first 
     application filed for safe harbor treatment under section 
     1304 if the Commission does not rule on the first such 
     application within one year after the date of enactment of 
     this Act, but in no case later than the date that is 30 
     months after the date of enactment of this Act.

                   TITLE XIV--CHILD ONLINE PROTECTION

     SEC. 1401. SHORT TITLE.

       This title may be cited as the ``Child Online Protection 
     Act''.

     SEC. 1402. CONGRESSIONAL FINDINGS.

       The Congress finds that--
       (1) while custody, care, and nurture of the child resides 
     first with the parent, the widespread availability of the 
     Internet presents opportunities for minors to access 
     materials through the World Wide Web in a manner that can 
     frustrate parental supervision or control;
       (2) the protection of the physical and psychological well-
     being of minors by shielding them from materials that are 
     harmful to them is a compelling governmental interest;
       (3) to date, while the industry has developed innovative 
     ways to help parents and educators restrict material that is 
     harmful to minors through parental control protections and 
     self-regulation, such efforts have not provided a national 
     solution to the problem of minors accessing harmful material 
     on the World Wide Web;
       (4) a prohibition on the distribution of material harmful 
     to minors, combined with legitimate defenses, is currently 
     the most effective and least restrictive means by which to 
     satisfy the compelling government interest; and
       (5) notwithstanding the existence of protections that limit 
     the distribution over the World Wide Web of material that is 
     harmful to minors, parents, educators, and industry must 
     continue efforts to find ways to protect children from being 
     exposed to harmful material found on the Internet.

     SEC. 1403. REQUIREMENT TO RESTRICT ACCESS BY MINORS TO 
                   MATERIALS COMMERCIALLY DISTRIBUTED BY MEANS OF 
                   THE WORLD WIDE WEB THAT ARE HARMFUL TO MINORS.

       Part I of title II of the Communications Act of 1934 (47 
     U.S.C. 201 et seq.) is amended by adding at the end the 
     following new section:

     ``SEC. 231. RESTRICTION OF ACCESS BY MINORS TO MATERIALS 
                   COMMERCIALLY DISTRIBUTED BY MEANS OF WORLD WIDE 
                   WEB THAT ARE HARMFUL TO MINORS.

       ``(a) Requirement To Restrict Access.--
       ``(1) Prohibited conduct.--Whoever knowingly and with 
     knowledge of the character of the material, in interstate or 
     foreign commerce by means of the World Wide Web, makes any 
     communication for commercial purposes that is available to 
     any minor and that includes any material that is harmful to 
     minors shall be fined not more than $50,000, imprisoned not 
     more than 6 months, or both.
       ``(2) Intentional violations.--In addition to the penalties 
     under paragraph (1), whoever intentionally violates such 
     paragraph shall be subject to a fine of not more than $50,000 
     for each violation. For purposes of this paragraph, each day 
     of violation shall constitute a separate violation.
       ``(3) Civil penalty.--In addition to the penalties under 
     paragraphs (1) and (2), whoever violates paragraph (1) shall 
     be subject to a civil penalty of not more than $50,000 for 
     each violation. For purposes of this paragraph, each day of 
     violation shall constitute a separate violation.
       ``(b) Inapplicability of Carriers and Other Service 
     Providers.--For purposes of subsection (a), a person shall 
     not be considered to make any communication for commercial 
     purposes to the extent that such person is--
       ``(1) a telecommunications carrier engaged in the provision 
     of a telecommunications service;
       ``(2) a person engaged in the business of providing an 
     Internet access service;
       ``(3) a person engaged in the business of providing an 
     Internet information location tool; or
       ``(4) similarly engaged in the transmission, storage, 
     retrieval, hosting, formatting, or translation (or any 
     combination thereof) of a communication made by another 
     person, without selection or alteration of the content of the 
     communication, except that such person's deletion of a 
     particular communication or material made by another person 
     in a manner consistent with subsection (c) or section 230 
     shall not constitute such selection or alteration of the 
     content of the communication.
       ``(c) Affirmative Defense.--
       ``(1) Defense.--It is an affirmative defense to prosecution 
     under this section that the defendant, in good faith, has 
     restricted access by minors to material that is harmful to 
     minors--
       ``(A) by requiring use of a credit card, debit account, 
     adult access code, or adult personal identification number;
       ``(B) by accepting a digital certificate that verifies age; 
     or
       ``(C) by any other reasonable measures that are feasible 
     under available technology.
       ``(2) Protection for use of defenses.--No cause of action 
     may be brought in any court or administrative agency against 
     any person on account of any activity that is not in 
     violation of any law punishable by criminal or civil penalty, 
     and that the person has taken in good faith to implement a 
     defense authorized under this subsection or otherwise to 
     restrict or prevent the transmission of, or access to, a 
     communication specified in this section.
       ``(d) Privacy Protection Requirements.--
       ``(1) Disclosure of information limited.--A person making a 
     communication described in subsection (a)--
       ``(A) shall not disclose any information collected for the 
     purposes of restricting access to such communications to 
     individuals 17 years of age or older without the prior 
     written or electronic consent of--
       ``(i) the individual concerned, if the individual is an 
     adult; or
       ``(ii) the individual's parent or guardian, if the 
     individual is under 17 years of age; and
       ``(B) shall take such actions as are necessary to prevent 
     unauthorized access to such information by a person other 
     than the person making such communication and the recipient 
     of such communication.
       ``(2) Exceptions.--A person making a communication 
     described in subsection (a) may disclose such information if 
     the disclosure is--
       ``(A) necessary to make the communication or conduct a 
     legitimate business activity related to making the 
     communication; or
       ``(B) made pursuant to a court order authorizing such 
     disclosure.
       ``(e) Definitions.--For purposes of this subsection, the 
     following definitions shall apply:
       ``(1) By means of the world wide web.--The term `by means 
     of the World Wide Web' means by placement of material in a 
     computer server-based file archive so that it is publicly 
     accessible, over the Internet, using hypertext transfer 
     protocol or any successor protocol.
       ``(2) Commercial purposes; engaged in the business.--
       ``(A) Commercial purposes.--A person shall be considered to 
     make a communication for commercial purposes only if such 
     person is engaged in the business of making such 
     communications.
       ``(B) Engaged in the business.--The term `engaged in the 
     business' means that the person who makes a communication, or 
     offers to make a communication, by means of the World Wide 
     Web, that includes any material that is harmful to minors, 
     devotes time, attention, or labor to such activities, as a 
     regular course of such person's trade or business, with the 
     objective of earning a profit as a result of such activities 
     (although it is not necessary that the person make a profit 
     or that the making or offering to make such communications be 
     the person's sole or principal business or source of income). 
     A person may be considered to be engaged in the business of 
     making, by means of the World Wide

[[Page H11243]]

     Web, communications for commercial purposes that include 
     material that is harmful to minors, only if the person 
     knowingly causes the material that is harmful to minors to be 
     posted on the World Wide Web or knowingly solicits such 
     material to be posted on the World Wide Web.
       ``(3) Internet.--The term `Internet' means the combination 
     of computer facilities and electromagnetic transmission 
     media, and related equipment and software, comprising the 
     interconnected worldwide network of computer networks that 
     employ the Transmission Control Protocol/Internet Protocol or 
     any successor protocol to transmit information.
       ``(4) Internet access service.--The term `Internet access 
     service' means a service that enables users to access 
     content, information, electronic mail, or other services 
     offered over the Internet, and may also include access to 
     proprietary content, information, and other services as part 
     of a package of services offered to consumers. Such term does 
     not include telecommunications services.
       ``(5) Internet information location tool.--The term 
     `Internet information location tool' means a service that 
     refers or links users to an online location on the World Wide 
     Web. Such term includes directories, indices, references, 
     pointers, and hypertext links.
       ``(6) Material that is harmful to minors.--The term 
     `material that is harmful to minors' means any communication, 
     picture, image, graphic image file, article, recording, 
     writing, or other matter of any kind that is obscene or 
     that--
       ``(A) the average person, applying contemporary community 
     standards, would find, taking the material as a whole and 
     with respect to minors, is designed to appeal to, or is 
     designed to pander to, the prurient interest;
       ``(B) depicts, describes, or represents, in a manner 
     patently offensive with respect to minors, an actual or 
     simulated sexual act or sexual contact, an actual or 
     simulated normal or perverted sexual act, or a lewd 
     exhibition of the genitals or post-pubescent female breast; 
     and
       ``(C) taken as a whole, lacks serious literary, artistic, 
     political, or scientific value for minors.
       ``(7) Minor.--The term `minor' means any person under 17 
     years of age.''.

     SEC. 1404. NOTICE REQUIREMENT.

       (a) Notice.--Section 230 of the Communications Act of 1934 
     (47 U.S.C. 230) is amended--
       (1) in subsection (d)(1), by inserting ``or 231'' after 
     ``section 223'';
       (2) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively; and
       (3) by inserting after subsection (c) the following new 
     subsection:
       ``(d) Obligations of Interactive Computer Service.--A 
     provider of interactive computer service shall, at the time 
     of entering an agreement with a customer for the provision of 
     interactive computer service and in a manner deemed 
     appropriate by the provider, notify such customer that 
     parental control protections (such as computer hardware, 
     software, or filtering services) are commercially available 
     that may assist the customer in limiting access to material 
     that is harmful to minors. Such notice shall identify, or 
     provide the customer with access to information identifying, 
     current providers of such protections.''.
       (b) Conforming Amendment.--Section 223(h)(2) of the 
     Communications Act of 1934 (47 U.S.C. 223(h)(2)) is amended 
     by striking ``230(e)(2)'' and inserting ``230(f)(2)''.

     SEC. 1405. STUDY BY COMMISSION ON ONLINE CHILD PROTECTION.

       (a) Establishment.--There is hereby established a temporary 
     Commission to be known as the Commission on Online Child 
     Protection (in this section referred to as the 
     ``Commission'') for the purpose of conducting a study under 
     this section regarding methods to help reduce access by 
     minors to material that is harmful to minors on the Internet.
       (b) Membership.--The Commission shall be composed of 19 
     members, as follows:
       (1) Industry members.--The Commission shall include--
       (A) 2 members who are engaged in the business of providing 
     Internet filtering or blocking services or software;
       (B) 2 members who are engaged in the business of providing 
     Internet access services;
       (C) 2 members who are engaged in the business of providing 
     labeling or ratings services;
       (D) 2 members who are engaged in the business of providing 
     Internet portal or search services;
       (E) 2 members who are engaged in the business of providing 
     domain name registration services;
       (F) 2 members who are academic experts in the field of 
     technology; and
       (G) 4 members who are engaged in the business of making 
     content available over the Internet.

     Of the members of the Commission by reason of each 
     subparagraph of this paragraph, an equal number shall be 
     appointed by the Speaker of the House of Representatives and 
     by the Majority Leader of the Senate.
       (2) Ex officio members.--The Commission shall include the 
     following officials:
       (A) The Assistant Secretary (or the Assistant Secretary's 
     designee).
       (B) The Attorney General (or the Attorney General's 
     designee).
       (C) The Chairman of the Federal Trade Commission (or the 
     Chairman's designee).
       (c) Study.--
       (1) In general.--The Commission shall conduct a study to 
     identify technological or other methods that--
       (A) will help reduce access by minors to material that is 
     harmful to minors on the Internet; and
       (B) may meet the requirements for use as affirmative 
     defenses for purposes of section 231(c) of the Communications 
     Act of 1934 (as added by this title).

     Any methods so identified shall be used as the basis for 
     making legislative recommendations to the Congress under 
     subsection (d)(3).
       (2) Specific methods.--In carrying out the study, the 
     Commission shall identify and analyze various technological 
     tools and methods for protecting minors from material that is 
     harmful to minors, which shall include (without limitation)--
       (A) a common resource for parents to use to help protect 
     minors (such as a ``one-click-away'' resource);
       (B) filtering or blocking software or services;
       (C) labeling or rating systems;
       (D) age verification systems;
       (E) the establishment of a domain name for posting of any 
     material that is harmful to minors; and
       (F) any other existing or proposed technologies or methods 
     for reducing access by minors to such material.
       (3) Analysis.--In analyzing technologies and other methods 
     identified pursuant to paragraph (2), the Commission shall 
     examine--
       (A) the cost of such technologies and methods;
       (B) the effects of such technologies and methods on law 
     enforcement entities;
       (C) the effects of such technologies and methods on 
     privacy;
       (D) the extent to which material that is harmful to minors 
     is globally distributed and the effect of such technologies 
     and methods on such distribution;
       (E) the accessibility of such technologies and methods to 
     parents; and
       (F) such other factors and issues as the Commission 
     considers relevant and appropriate.
       (d) Report.--Not later than 1 year after the enactment of 
     this Act, the Commission shall submit a report to the 
     Congress containing the results of the study under this 
     section, which shall include--
       (1) a description of the technologies and methods 
     identified by the study and the results of the analysis of 
     each such technology and method;
       (2) the conclusions and recommendations of the Commission 
     regarding each such technology or method;
       (3) recommendations for legislative or administrative 
     actions to implement the conclusions of the committee; and
       (4) a description of the technologies or methods identified 
     by the study that may meet the requirements for use as 
     affirmative defenses for purposes of section 231(c) of the 
     Communications Act of 1934 (as added by this title).
       (e) Staff and Resources.--The Assistant Secretary for 
     Communication and Information of the Department of Commerce 
     shall provide to the Commission such staff and resources as 
     the Assistant Secretary determines necessary for the 
     Commission to perform its duty efficiently and in accordance 
     with this section.
       (f) Termination.--The Commission shall terminate 30 days 
     after the submission of the report under subsection (d).
       (g) Inapplicability of Federal Advisory Committee Act.--The 
     Federal Advisory Committee Act (5 U.S.C. App.) shall not 
     apply to the Commission.

     SEC. 1406. EFFECTIVE DATE.

       This title and the amendments made by this title shall take 
     effect 30 days after the date of enactment of this Act.

     TITLE XV--VACCINE INJURY COMPENSATION PROGRAM MODIFICATION ACT

     SECTION 1501. SHORT TITLE.

       This title may be cited as the ``Vaccine Injury 
     Compensation Program Modification Act''.

     SEC. 1502. ELIMINATION OF THRESHOLD REQUIREMENT OF 
                   UNREIMBURSABLE EXPENSES.

       Section 2111(c)(1)(D)(i) of the Public Health Service Act 
     (42 U.S.C. 300aa-11(c)(1)(D)(i)) is amended by striking ``and 
     incurred unreimbursable expenses due in whole or in part to 
     such illness, disability, injury, or condition in an amount 
     greater than $1,000''.

     SEC. 1503. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A 
                   TAXABLE VACCINE.

       (a) In General.--Section 4132(1) of the Internal Revenue 
     Code of 1986 (defining taxable vaccine) is amended by adding 
     at the end the following new subparagraph:
       ``(K) Any vaccine against rotavirus gastroenteritis.''.
       (b) Effective Date.--
       (1) Sales.--The amendment made by this section shall apply 
     to sales after the date of the enactment of this Act.
       (2) Deliveries.--For purposes of paragraph (1), in the case 
     of sales on or before the date of the enactment of this Act 
     for which delivery is made after such date, the delivery date 
     shall be considered the sale date.

     SEC. 1504. VACCINE INJURY COMPENSATION TRUST FUND.

       (a) Amendments Related to Section 904 of 1997 Act.--
       (1) Paragraph (1) of section 9510(c) of the 1986 Code is 
     amended to read as follows:
       ``(1) In general.--Amounts in the Vaccine Injury 
     Compensation Trust Fund shall be available, as provided in 
     appropriation Acts, only for--
       ``(A) the payment of compensation under subtitle 2 of title 
     XXI of the Public Health Service Act (as in effect on August 
     6, 1997) for vaccine-related injury or death with respect to 
     any vaccine--
       ``(i) which is administered after September 30, 1988, and
       ``(ii) which is a taxable vaccine (as defined in section 
     4132(a)(1)) at the time the vaccine was administered, or
       ``(B) the payment of all expenses of administration 
     incurred by the Federal Government in administering such 
     subtitle.''.

[[Page H11244]]

       (2) Section 9510(b) of the 1986 Code is amended by adding 
     at the end the following new paragraph:
       ``(3) Limitation on transfers to vaccine injury 
     compensation trust fund.--No amount may be appropriated to 
     the Vaccine Injury Compensation Trust Fund on and after the 
     date of any expenditure from the Trust Fund which is not 
     permitted by this section. The determination of whether an 
     expenditure is so permitted shall be made without regard to--
       ``(A) any provision of law which is not contained or 
     referenced in this title or in a revenue Act, and
       ``(B) whether such provision of law is a subsequently 
     enacted provision or directly or indirectly seeks to waive 
     the application of this paragraph.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     Taxpayer Relief Act of 1997 to which they relate.

      TITLE XVI--SERVICE CONNECTION FOR PERSIAN GULF WAR ILLNESSES

     SEC. 1601. SHORT TITLE.

       This title may be cited as the ``Persian Gulf War Veterans 
     Act of 1998''.

     SEC. 1602. PRESUMPTION OF SERVICE CONNECTION FOR ILLNESSES 
                   ASSOCIATED WITH SERVICE IN THE PERSIAN GULF 
                   DURING THE PERSIAN GULF WAR.

       (a) In General.--(1) Subchapter II of chapter 11 of title 
     38, United States Code, is amended by adding at the end the 
     following:

     ``Sec. 1118. Presumptions of service connection for illnesses 
       associated with service in the Persian Gulf during the 
       Persian Gulf War

       ``(a)(1) For purposes of section 1110 of this title, and 
     subject to section 1113 of this title, each illness, if any, 
     described in paragraph (2) shall be considered to have been 
     incurred in or aggravated by service referred to in that 
     paragraph, notwithstanding that there is no record of 
     evidence of such illness during the period of such service.
       ``(2) An illness referred to in paragraph (1) is any 
     diagnosed or undiagnosed illness that--
       ``(A) the Secretary determines in regulations prescribed 
     under this section to warrant a presumption of service 
     connection by reason of having a positive association with 
     exposure to a biological, chemical, or other toxic agent, 
     environmental or wartime hazard, or preventive medicine or 
     vaccine known or presumed to be associated with service in 
     the Armed Forces in the Southwest Asia theater of operations 
     during the Persian Gulf War; and
       ``(B) becomes manifest within the period, if any, 
     prescribed in such regulations in a veteran who served on 
     active duty in that theater of operations during that war and 
     by reason of such service was exposed to such agent, hazard, 
     or medicine or vaccine.
       ``(3) For purposes of this subsection, a veteran who served 
     on active duty in the Southwest Asia theater of operations 
     during the Persian Gulf War and has an illness described in 
     paragraph (2) shall be presumed to have been exposed by 
     reason of such service to the agent, hazard, or medicine or 
     vaccine associated with the illness in the regulations 
     prescribed under this section unless there is conclusive 
     evidence to establish that the veteran was not exposed to the 
     agent, hazard, or medicine or vaccine by reason of such 
     service.
       ``(b)(1)(A) Whenever the Secretary makes a determination 
     described in subparagraph (B), the Secretary shall prescribe 
     regulations providing that a presumption of service 
     connection is warranted for the illness covered by that 
     determination for purposes of this section.
       ``(B) A determination referred to in subparagraph (A) is a 
     determination based on sound medical and scientific evidence 
     that a positive association exists between--
       ``(i) the exposure of humans or animals to a biological, 
     chemical, or other toxic agent, environmental or wartime 
     hazard, or preventive medicine or vaccine known or presumed 
     to be associated with service in the Southwest Asia theater 
     of operations during the Persian Gulf War; and
       ``(ii) the occurrence of a diagnosed or undiagnosed illness 
     in humans or animals.
       ``(2)(A) In making determinations for purposes of paragraph 
     (1), the Secretary shall take into account--
       ``(i) the reports submitted to the Secretary by the 
     National Academy of Sciences under section 1603 of the 
     Persian Gulf War Veterans Act of 1998; and
       ``(ii) all other sound medical and scientific information 
     and analyses available to the Secretary.
       ``(B) In evaluating any report, information, or analysis 
     for purposes of making such determinations, the Secretary 
     shall take into consideration whether the results are 
     statistically significant, are capable of replication, and 
     withstand peer review.
       ``(3) An association between the occurrence of an illness 
     in humans or animals and exposure to an agent, hazard, or 
     medicine or vaccine shall be considered to be positive for 
     purposes of this subsection if the credible evidence for the 
     association is equal to or outweighs the credible evidence 
     against the association.
       ``(c)(1) Not later than 60 days after the date on which the 
     Secretary receives a report from the National Academy of 
     Sciences under section 1603 of the Persian Gulf War Veterans 
     Act of 1998, the Secretary shall determine whether or not a 
     presumption of service connection is warranted for each 
     illness, if any, covered by the report.
       ``(2) If the Secretary determines under this subsection 
     that a presumption of service connection is warranted, the 
     Secretary shall, not later than 60 days after making the 
     determination, issue proposed regulations setting forth the 
     Secretary's determination.
       ``(3)(A) If the Secretary determines under this subsection 
     that a presumption of service connection is not warranted, 
     the Secretary shall, not later than 60 days after making the 
     determination, publish in the Federal Register a notice of 
     the determination. The notice shall include an explanation of 
     the scientific basis for the determination.
       ``(B) If an illness already presumed to be service 
     connected under this section is subject to a determination 
     under subparagraph (A), the Secretary shall, not later than 
     60 days after publication of the notice under that 
     subparagraph, issue proposed regulations removing the 
     presumption of service connection for the illness.
       ``(4) Not later than 90 days after the date on which the 
     Secretary issues any proposed regulations under this 
     subsection, the Secretary shall issue final regulations. Such 
     regulations shall be effective on the date of issuance.
       ``(d) Whenever the presumption of service connection for an 
     illness under this section is removed under subsection (c)--
       ``(1) a veteran who was awarded compensation for the 
     illness on the basis of the presumption before the effective 
     date of the removal of the presumption shall continue to be 
     entitled to receive compensation on that basis; and
       ``(2) a survivor of a veteran who was awarded dependency 
     and indemnity compensation for the death of a veteran 
     resulting from the illness on the basis of the presumption 
     before that date shall continue to be entitled to receive 
     dependency and indemnity compensation on that basis.
         ``(e) Subsections (b) through (d) shall cease to be 
     effective 10 years after the first day of the fiscal year in 
     which the National Academy of Sciences submits to the 
     Secretary the first report under section 1603 of the Persian 
     Gulf War Veterans Act of 1998.''.
         (2) The table of sections at the beginning of such 
     chapter is amended by inserting after the item relating to 
     section 1117 the following new item:
``1118. Presumptions of service connection for illnesses associated 
              with service in the Persian Gulf during the Persian Gulf 
              War.''.
         (b) Conforming Amendments.--Section 1113 of title 38, 
     United States Code, is amended--
         (1) by striking out ``or 1117'' each place it appears and 
     inserting in lieu thereof ``1117, or 1118''; and
         (2) in subsection (a), by striking out ``or 1116'' and 
     inserting in lieu thereof ``, 1116, or 1118''.
         (c) Compensation for Undiagnosed Gulf War Illnesses.--
     Section 1117 of title 38, United States Code, is amended--
         (1) by redesignating subsections (c), (d), and (e) as 
     subsections (d), (e), and (f), respectively; and
         (2) by inserting after subsection (b) the following new 
     subsection (c):
         ``(c)(1) Whenever the Secretary determines under section 
     1118(c) of this title that a presumption of service 
     connection for an undiagnosed illness (or combination of 
     undiagnosed illnesses) previously established under this 
     section is no longer warranted--
         ``(A) a veteran who was awarded compensation under this 
     section for such illness (or combination of illnesses) on the 
     basis of the presumption shall continue to be entitled to 
     receive compensation under this section on that basis; and
         ``(B) a survivor of a veteran who was awarded dependency 
     and indemnity compensation for the death of a veteran 
     resulting from the disease on the basis of the presumption 
     before that date shall continue to be entitled to receive 
     dependency and indemnity compensation on that basis.
         ``(2) This subsection shall cease to be effective 10 
     years after the first day of the fiscal year in which the 
     National Academy of Sciences submits to the Secretary the 
     first report under section 1603 of the Persian Gulf War 
     Veterans Act of 1998.''.

     SEC. 1603. AGREEMENT WITH NATIONAL ACADEMY OF SCIENCES.

         (a) Purpose.--The purpose of this section is to provide 
     for the National Academy of Sciences, an independent 
     nonprofit scientific organization with appropriate expertise, 
     to review and evaluate the available scientific evidence 
     regarding associations between illnesses and exposure to 
     toxic agents, environmental or wartime hazards, or preventive 
     medicines or vaccines associated with Gulf War service.
         (b) Agreement.--The Secretary of Veterans Affairs shall 
     seek to enter into an agreement with the National Academy of 
     Sciences for the Academy to perform the activities covered by 
     this section. The Secretary shall seek to enter into the 
     agreement not later than two months after the date of 
     enactment of this Act.
         (c) Identification of Agents and Illnesses.--(1) Under 
     the agreement under subsection (b), the National Academy of 
     Sciences shall--
         (A) identify the biological, chemical, or other toxic 
     agents, environmental or wartime hazards, or preventive 
     medicines or vaccines to which members of the Armed Forces 
     who served in the Southwest Asia theater of operations during 
     the Persian Gulf War may have been exposed by reason of such 
     service; and
       (B) identify the illnesses (including diagnosed illnesses 
     and undiagnosed illnesses) that are manifest in such members.
       (2) In identifying illnesses under paragraph (1)(B), the 
     Academy shall review and summarize the relevant scientific 
     evidence regarding illnesses among the members described in 
     paragraph (1)(A) and among other appropriate populations of 
     individuals, including mortality, symptoms, and adverse 
     reproductive health outcomes among such members and 
     individuals.
       (d) Initial Consideration of Specific Agents.--(1) In 
     identifying under subsection (c)

[[Page H11245]]

     the agents, hazards, or preventive medicines or vaccines to 
     which members of the Armed Forces may have been exposed for 
     purposes of the first report under subsection (i), the 
     National Academy of Sciences shall consider, within the first 
     six months after the date of enactment of this Act, the 
     following:
       (A) The following organophosphorous pesticides:
       (i) Chlorpyrifos.
       (ii) Diazinon.
       (iii) Dichlorvos.
       (iv) Malathion.
       (B) The following carbamate pesticides:
       (i) Proxpur.
       (ii) Carbaryl.
       (iii) Methomyl.
       (C) The carbamate pyridostigmine bromide used as nerve 
     agent prophylaxis.
       (D) The following chlorinated hydrocarbon and other 
     pesticides and repellents:
       (i) Lindane.
       (ii) Pyrethrins.
       (iii) Permethrins.
       (iv) Rodenticides (bait).
       (v) Repellent (DEET).
       (E) The following low-level nerve agents and precursor 
     compounds at exposure levels below those which produce 
     immediately apparent incapacitating symptoms:
       (i) Sarin.
       (ii) Tabun.
       (F) The following synthetic chemical compounds:
       (i) Mustard agents at levels below those which cause 
     immediate blistering.
       (ii) Volatile organic compounds.
       (iii) Hydrazine.
       (iv) Red fuming nitric acid.
       (v) Solvents.
       (vi) Uranium.
       (G) The following ionizing radiation:
       (i) Depleted uranium.
       (ii) Microwave radiation.
       (iii) Radio frequency radiation.
       (H) The following environmental particulates and 
     pollutants:
       (i) Hydrogen sulfide.
       (ii) Oil fire byproducts.
       (iii) Diesel heater fumes.
       (iv) Sand micro-particles.
       (I) Diseases endemic to the region (including the 
     following):
       (i) Leishmaniasis.
       (ii) Sandfly fever.
       (iii) Pathogenic escherechia coli.
       (iv) Shigellosis.
       (J) Time compressed administration of multiple live, 
     `attenuated', and toxoid vaccines.
       (2) The consideration of agents, hazards, and medicines and 
     vaccines under paragraph (1) shall not preclude the Academy 
     from identifying other agents, hazards, or medicines or 
     vaccines to which members of the Armed Forces may have been 
     exposed for purposes of any report under subsection (i).
       (3) Not later than six months after the date of enactment 
     of this Act, the Academy shall submit to the designated 
     congressional committees a report specifying the agents, 
     hazards, and medicines and vaccines considered under 
     paragraph (1).
       (e) Determinations of Associations Between Agents and 
     Illnesses.--(1) For each agent, hazard, or medicine or 
     vaccine and illness identified under subsection (c), the 
     National Academy of Sciences shall determine, to the extent 
     that available scientific data permit meaningful 
     determinations--
       (A) whether a statistical association exists between 
     exposure to the agent, hazard, or medicine or vaccine and the 
     illness, taking into account the strength of the scientific 
     evidence and the appropriateness of the scientific 
     methodology used to detect the association;
       (B) the increased risk of the illness among human or animal 
     populations exposed to the agent, hazard, or medicine or 
     vaccine; and
       (C) whether a plausible biological mechanism or other 
     evidence of a causal relationship exists between exposure to 
     the agent, hazard, or medicine or vaccine and the illness.
       (2) The Academy shall include in its reports under 
     subsection (i) a full discussion of the scientific evidence 
     and reasoning that led to its conclusions under this 
     subsection.
       (f) Review of Potential Treatment Models for Certain 
     Illnesses.--Under the agreement under subsection (b), the 
     National Academy of Sciences shall separately review, for 
     each chronic undiagnosed illness identified under subsection 
     (c)(1)(B) and for any other chronic illness that the Academy 
     determines to warrant such review, the available scientific 
     data in order to identify empirically valid models of 
     treatment for such illnesses which employ successful 
     treatment modalities for populations with similar symptoms.
       (g) Recommendations for Additional Scientific Studies.--(1) 
     Under the agreement under subsection (b), the National 
     Academy of Sciences shall make any recommendations that it 
     considers appropriate for additional scientific studies 
     (including studies relating to treatment models) to resolve 
     areas of continuing scientific uncertainty relating to the 
     health consequences of exposure to toxic agents, 
     environmental or wartime hazards, or preventive medicines or 
     vaccines associated with Gulf War service.
       (2) In making recommendations for additional studies, the 
     Academy shall consider the available scientific data, the 
     value and relevance of the information that could result from 
     such studies, and the cost and feasibility of carrying out 
     such studies.
       (h) Subsequent Reviews.--(1) Under the agreement under 
     subsection (b), the National Academy of Sciences shall 
     conduct on a periodic and ongoing basis additional reviews of 
     the evidence and data relating to its activities under this 
     section.
       (2) As part of each review under this subsection, the 
     Academy shall--
       (A) conduct as comprehensive a review as is practicable of 
     the evidence referred to in subsection (c) and the data 
     referred to in subsections (e), (f), and (g) that became 
     available since the last review of such evidence and data 
     under this section; and
       (B) make determinations under the subsections referred to 
     in subparagraph (A) on the basis of the results of such 
     review and all other reviews previously conducted for 
     purposes of this section.
       (i) Reports.--(1) Under the agreement under subsection (b), 
     the National Academy of Sciences shall submit to the 
     committees and officials referred to in paragraph (5) 
     periodic written reports regarding the Academy's activities 
     under the agreement.
       (2) The first report under paragraph (1) shall be submitted 
     not later than 18 months after the date of enactment of this 
     Act. That report shall include--
       (A) the determinations and discussion referred to in 
     subsection (e);
       (B) the results of the review of models of treatment under 
     subsection (f); and
       (C) any recommendations of the Academy under subsection 
     (g).
       (3) Reports shall be submitted under this subsection at 
     least once every two years, as measured from the date of the 
     report under paragraph (2).
       (4) In any report under this subsection (other than the 
     report under paragraph (2)), the Academy may specify an 
     absence of meaningful developments in the scientific or 
     medical community with respect to the activities of the 
     Academy under this section during the 2-year period ending on 
     the date of such report.
       (5) Reports under this subsection shall be submitted to the 
     following:
       (A) The designated congressional committees.
       (B) The Secretary of Veterans Affairs.
       (C) The Secretary of Defense.
       (j) Sunset.--This section shall cease to be effective 10 
     years after the last day of the fiscal year in which the 
     National Academy of Sciences submits the first report under 
     subsection (i).
       (k) Alternative Contract Scientific Organization.--(1) If 
     the Secretary is unable within the time period set forth in 
     subsection (b) to enter into an agreement with the National 
     Academy of Sciences for the purposes of this section on terms 
     acceptable to the Secretary, the Secretary shall seek to 
     enter into an agreement for purposes of this section with 
     another appropriate scientific organization that is not part 
     of the Government, operates as a not-for-profit entity, and 
     has expertise and objectivity comparable to that of the 
     National Academy of Sciences.
       (2) If the Secretary enters into an agreement with another 
     organization under this subsection, any reference in this 
     section and section 1118 of title 38, United States Code (as 
     added by section 1602(a)), to the National Academy of 
     Sciences shall be treated as a reference to such other 
     organization.

     SEC. 1604. REPEAL OF INCONSISTENT PROVISIONS OF LAW.

       In the event of the enactment, before, on, or after the 
     date of the enactment of this Act, of section 101 of the 
     Veterans Programs Enhancement Act of 1998, or any similar 
     provision of law enacted during the second session of the 
     105th Congress requiring an agreement with the National 
     Academy of Sciences regarding an evaluation of health 
     consequences of service in Southwest Asia during the Persian 
     Gulf War, such section 101 (or other provision of law) shall 
     be treated as if never enacted, and shall have no force or 
     effect.

     SEC. 1605. DEFINITIONS.

       In this title:
       (1) The term ``toxic agent, environmental or wartime 
     hazard, or preventive medicine or vaccine associated with 
     Gulf War service'' means a biological, chemical, or other 
     toxic agent, environmental or wartime hazard, or preventive 
     medicine or vaccine that is known or presumed to be 
     associated with service in the Armed Forces in the Southwest 
     Asia theater of operations during the Persian Gulf War, 
     whether such association arises as a result of single, 
     repeated, or sustained exposure and whether such association 
     arises through exposure singularly or in combination.
       (2) The term ``designated congressional committees'' means 
     the following:
       (A) The Committees on Veterans' Affairs and Armed Services 
     of the Senate.
       (B) The Committees on Veterans' Affairs and National 
     Security of the House of Representatives.
       (3) The term ``Persian Gulf War'' has the meaning given 
     that term in section 101(33) of title 38, United States Code.

            TITLE XVII--GOVERNMENT PAPERWORK ELIMINATION ACT

     SEC. 1701. SHORT TITLE.

       This title may be cited as the ``Government Paperwork 
     Elimination Act''.

     SEC. 1702. AUTHORITY OF OMB TO PROVIDE FOR ACQUISITION AND 
                   USE OF ALTERNATIVE INFORMATION TECHNOLOGIES BY 
                   EXECUTIVE AGENCIES.

       Section 3504(a)(1)(B)(vi) of title 44, United States Code, 
     is amended to read as follows:
       ``(vi) the acquisition and use of information technology, 
     including alternative information technologies that provide 
     for electronic submission, maintenance, or disclosure of 
     information as a substitute for paper and for the use and 
     acceptance of electronic signatures.''.

     SEC. 1703. PROCEDURES FOR USE AND ACCEPTANCE OF ELECTRONIC 
                   SIGNATURES BY EXECUTIVE AGENCIES.

       (a) In General.--In order to fulfill the responsibility to 
     administer the functions assigned under chapter 35 of title 
     44, United States Code, the provisions of the Clinger-Cohen 
     Act of 1996

[[Page H11246]]

     (divisions D and E of Public Law 104-106) and the amendments 
     made by that Act, and the provisions of this title, the 
     Director of the Office of Management and Budget shall, in 
     consultation with the National Telecommunications and 
     Information Administration and not later than 18 months after 
     the date of enactment of this Act, develop procedures for the 
     use and acceptance of electronic signatures by Executive 
     agencies.
       (b) Requirements for Procedures.--(1) The procedures 
     developed under subsection (a)--
       (A) shall be compatible with standards and technology for 
     electronic signatures that are generally used in commerce and 
     industry and by State governments;
       (B) may not inappropriately favor one industry or 
     technology;
       (C) shall ensure that electronic signatures are as reliable 
     as is appropriate for the purpose in question and keep intact 
     the information submitted;
       (D) shall provide for the electronic acknowledgment of 
     electronic forms that are successfully submitted; and
       (E) shall, to the extent feasible and appropriate, require 
     an Executive agency that anticipates receipt by electronic 
     means of 50,000 or more submittals of a particular form to 
     take all steps necessary to ensure that multiple methods of 
     electronic signatures are available for the submittal of such 
     form.
       (2) The Director shall ensure the compatibility of the 
     procedures under paragraph (1)(A) in consultation with 
     appropriate private bodies and State government entities that 
     set standards for the use and acceptance of electronic 
     signatures.

     SEC. 1704. DEADLINE FOR IMPLEMENTATION BY EXECUTIVE AGENCIES 
                   OF PROCEDURES FOR USE AND ACCEPTANCE OF 
                   ELECTRONIC SIGNATURES.

       In order to fulfill the responsibility to administer the 
     functions assigned under chapter 35 of title 44, United 
     States Code, the provisions of the Clinger-Cohen Act of 1996 
     (divisions D and E of Public Law 104-106) and the amendments 
     made by that Act, and the provisions of this title, the 
     Director of the Office of Management and Budget shall ensure 
     that, commencing not later than five years after the date of 
     enactment of this Act, Executive agencies provide--
       (1) for the option of the electronic maintenance, 
     submission, or disclosure of information, when practicable as 
     a substitute for paper; and
       (2) for the use and acceptance of electronic signatures, 
     when practicable.

     SEC. 1705. ELECTRONIC STORAGE AND FILING OF EMPLOYMENT FORMS.

       In order to fulfill the responsibility to administer the 
     functions assigned under chapter 35 of title 44, United 
     States Code, the provisions of the Clinger-Cohen Act of 1996 
     (divisions D and E of Public Law 104-106) and the amendments 
     made by that Act, and the provisions of this title, the 
     Director of the Office of Management and Budget shall, not 
     later than 18 months after the date of enactment of this Act, 
     develop procedures to permit private employers to store and 
     file electronically with Executive agencies forms containing 
     information pertaining to the employees of such employers.

     SEC. 1706. STUDY ON USE OF ELECTRONIC SIGNATURES.

       (a) Ongoing Study Required.--In order to fulfill the 
     responsibility to administer the functions assigned under 
     chapter 35 of title 44, United States Code, the provisions of 
     the Clinger-Cohen Act of 1996 (divisions D and E of Public 
     Law 104-106) and the amendments made by that Act, and the 
     provisions of this title, the Director of the Office of 
     Management and Budget shall, in cooperation with the National 
     Telecommunications and Information Administration, conduct an 
     ongoing study of the use of electronic signatures under this 
     title on--
       (1) paperwork reduction and electronic commerce;
       (2) individual privacy; and
       (3) the security and authenticity of transactions.
       (b) Reports.--The Director shall submit to Congress on a 
     periodic basis a report describing the results of the study 
     carried out under subsection (a).

     SEC. 1707. ENFORCEABILITY AND LEGAL EFFECT OF ELECTRONIC 
                   RECORDS.

       Electronic records submitted or maintained in accordance 
     with procedures developed under this title, or electronic 
     signatures or other forms of electronic authentication used 
     in accordance with such procedures, shall not be denied legal 
     effect, validity, or enforceability because such records are 
     in electronic form.

     SEC. 1708. DISCLOSURE OF INFORMATION.

       Except as provided by law, information collected in the 
     provision of electronic signature services for communications 
     with an executive agency, as provided by this title, shall 
     only be used or disclosed by persons who obtain, collect, or 
     maintain such information as a business or government 
     practice, for the purpose of facilitating such 
     communications, or with the prior affirmative consent of the 
     person about whom the information pertains.

     SEC. 1709. APPLICATION WITH INTERNAL REVENUE LAWS.

       No provision of this title shall apply to the Department of 
     the Treasury or the Internal Revenue Service to the extent 
     that such provision--
       (1) involves the administration of the internal revenue 
     laws; or
       (2) conflicts with any provision of the Internal Revenue 
     Service Restructuring and Reform Act of 1998 or the Internal 
     Revenue Code of 1986.

     SEC. 1710. DEFINITIONS.

       For purposes of this title:
       (1) Electronic signature.--The term ``electronic 
     signature'' means a method of signing an electronic message 
     that--
       (A) identifies and authenticates a particular person as the 
     source of the electronic message; and
       (B) indicates such person's approval of the information 
     contained in the electronic message.
       (2) Executive agency.--The term ``Executive agency'' has 
     the meaning given that term in section 105 of title 5, United 
     States Code.

                 DIVISION D--DRUG DEMAND REDUCTION ACT

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This division may be cited as the ``Drug 
     Demand Reduction Act''.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

Sec. 1. Short title; table of contents.

  TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

          Subtitle A--National Youth Anti-Drug Media Campaign

Sec. 101. Short title.
Sec. 102. Requirement to conduct national media campaign.
Sec. 103. Use of funds.
Sec. 104. Reports to Congress.
Sec. 105. Authorization of appropriations.

                Subtitle B--Drug-Free Prisons and Jails

Sec. 111. Short title.
Sec. 112. Purpose.
Sec. 113. Program authorization.
Sec. 114. Grant application.
Sec. 115. Uses of funds.
Sec. 116. Evaluation and recommendation report to Congress.
Sec. 117. Definitions.
Sec. 118. Authorization of appropriations.

            Subtitle C--Drug-Free Schools Quality Assurance

Sec. 121. Short title.
Sec. 122. Amendment to Safe and Drug-Free Schools and Communities Act.

            TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY

      Subtitle A--Congressional Leadership in Community Coalitions

Sec. 201. Sense of Congress.

             Subtitle B--Rejection of Legalization of Drugs

Sec. 211. Sense of Congress.

  Subtitle C--Report on Streamlining Federal Prevention and Treatment 
                                Efforts

Sec. 221. Report on streamlining Federal prevention and treatment 
              efforts.

  TITLE I--TARGETED SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS

          Subtitle A--National Youth Anti-Drug Media Campaign

     SEC. 101. SHORT TITLE.

       This subtitle may be cited as the ``Drug-Free Media 
     Campaign Act of 1998''.

     SEC. 102. REQUIREMENT TO CONDUCT NATIONAL MEDIA CAMPAIGN.

       (a) In General.--The Director of the Office of National 
     Drug Control Policy (in this subtitle referred to as the 
     ``Director'') shall conduct a national media campaign in 
     accordance with this subtitle for the purpose of reducing and 
     preventing drug abuse among young people in the United 
     States.
       (b) Local Target Requirement.--The Director shall, to the 
     maximum extent feasible, use amounts made available to carry 
     out this subtitle under section 105 for media that focuses 
     on, or includes specific information on, prevention or 
     treatment resources for consumers within specific local 
     areas.

     SEC. 103. USE OF FUNDS.

       (a) Authorized Uses.--
       (1) In general.--Amounts made available to carry out this 
     subtitle for the support of the national media campaign may 
     only be used for--
       (A) the purchase of media time and space;
       (B) talent reuse payments;
       (C) out-of-pocket advertising production costs;
       (D) testing and evaluation of advertising;
       (E) evaluation of the effectiveness of the media campaign;
       (F) the negotiated fees for the winning bidder on request 
     for proposals issued by the Office of National Drug Control 
     Policy;
       (G) partnerships with community, civic, and professional 
     groups, and government organizations related to the media 
     campaign; and
       (H) entertainment industry collaborations to fashion 
     antidrug messages in motion pictures, television programing, 
     popular music, interactive (Internet and new) media projects 
     and activities, public information, news media outreach, and 
     corporate sponsorship and participation.
       (2) Advertising.--In carrying out this subtitle, the 
     Director shall devote sufficient funds to the advertising 
     portion of the national media campaign to meet the stated 
     reach and frequency goals of the campaign.
       (b) Prohibitions.--None of the amounts made available under 
     section 105 may be obligated or expended--
       (1) to supplant current antidrug community based 
     coalitions;
       (2) to supplant current pro bono public service time 
     donated by national and local broadcasting networks;
       (3) for partisan political purposes; or
       (4) to fund media campaigns that feature any elected 
     officials, persons seeking elected office, cabinet level 
     officials, or other Federal officials employed pursuant to 
     section 213 of Schedule C of title 5, Code of Federal 
     Regulations, unless the Director provides advance notice to 
     the Committees on Appropriations of the House of 
     Representatives and the Senate, the Committee on Government 
     Reform and Oversight of the House of Representatives and the 
     Committee on the Judiciary of the Senate.
       (c) Matching Requirement.--Amounts made available under 
     section 105 should be matched

[[Page H11247]]

     by an equal amount of non-Federal funds for the national 
     media campaign, or be matched with in-kind contributions to 
     the campaign of the same value.

     SEC. 104. REPORTS TO CONGRESS.

       The Director shall--
       (1) submit to Congress on an annual basis a report on the 
     activities for which amounts made available under section 105 
     have been obligated during the preceding year, including 
     information for each quarter of such year, and on the 
     specific parameters of the national media campaign; and
       (2) not later than 1 year after the date of enactment of 
     this Act, submit to Congress a report on the effectiveness of 
     the national media campaign based on measurable outcomes 
     provided to Congress previously.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated to the Office of 
     National Drug Control Policy to carry out this subtitle 
     $195,000,000 for each of fiscal years 1999 through 2002.

                Subtitle B--Drug-Free Prisons and Jails

     SEC. 111. SHORT TITLE.

       This subtitle may be cited as the ``Drug-Free Prisons and 
     Jails Act of 1998''.

     SEC. 112. PURPOSE.

       The purpose of this subtitle is to provide for the 
     establishment of model programs for comprehensive treatment 
     of substance-involved offenders in the criminal justice 
     system to reduce drug abuse and drug-related crime, and 
     reduce the costs of the criminal justice system, that can be 
     successfully replicated by States and local units of 
     government through a comprehensive evaluation.

     SEC. 113. PROGRAM AUTHORIZATION.

       (a) Establishment.--The Director of the Bureau of Justice 
     Assistance shall establish a model substance abuse treatment 
     program for substance-involved offenders by--
       (1) providing financial assistance to grant recipients 
     selected in accordance with section 114(b); and
       (2) evaluating the success of programs conducted pursuant 
     to this subtitle.
       (b) Grant Awards.--The Director may award not more than 5 
     grants to units of local government and not more than 5 
     grants to States.
       (c) Administrative Costs.--Not more than 5 percent of a 
     grant award made pursuant to this subtitle may be used for 
     administrative costs.

     SEC. 114. GRANT APPLICATION.

       (a) Contents.--An application submitted by a unit of local 
     government or a State for a grant award under this subtitle 
     shall include each of the following:
       (1) Strategy.--A strategy to coordinate programs and 
     services for substance-involved offenders provided by the 
     unit of local government or the State, as the case may be, 
     developed in consultation with representatives from all 
     components of the criminal justice system within the 
     jurisdiction, including judges, law enforcement personnel, 
     prosecutors, corrections personnel, probation personnel, 
     parole personnel, substance abuse treatment personnel, and 
     substance abuse prevention personnel.
       (2) Certification.--A certification that--
       (A) Federal funds made available under this subtitle will 
     not be used to supplant State or local funds, but will be 
     used to increase the amounts of such funds that would, in the 
     absence of Federal funds, be made available for law 
     enforcement activities; and
       (B) the programs developed pursuant to this subtitle meet 
     all requirements of this subtitle.
       (b) Review and Approval.--Subject to section 113(b), the 
     Director shall approve applications and make grant awards to 
     units of local governments and States that show the most 
     promise for accomplishing the purposes of this subtitle 
     consistent with the provisions of section 115.

     SEC. 115. USES OF FUNDS.

       A unit of local government or State that receives a grant 
     award under this subtitle shall use such funds to provide 
     comprehensive treatment programs to inmates in prisons or 
     jails, including not less than 3 of the following:
       (1) Tailored treatment programs to meet the special needs 
     of different types of substance-involved offenders.
       (2) Random and frequent drug testing, including a system of 
     sanctions.
       (3) Training and assistance for corrections officers and 
     personnel to assist substance-involved offenders in 
     correctional facilities.
       (4) Clinical assessment of incoming substance-involved 
     offenders.
       (5) Availability of religious and spiritual activity and 
     counseling to provide an environment that encourages recovery 
     from substance involvement in correctional facilities.
       (6) Education and vocational training.
       (7) A substance-free correctional facility policy.

     SEC. 116. EVALUATION AND RECOMMENDATION REPORT TO CONGRESS.

       (a) Evaluation.--
       (1) In general.--The Director shall enter into a contract, 
     with an evaluating agency that has demonstrated experience in 
     the evaluation of substance abuse treatment, to conduct an 
     evaluation that incorporates the criteria described in 
     paragraph (2).
       (2) Evaluation criteria.--The Director, in consultation 
     with the Directors of the appropriate National Institutes of 
     Health, shall establish minimum criteria for evaluating each 
     program. Such criteria shall include--
       (A) reducing substance abuse among participants;
       (B) reducing recidivism among participants;
       (C) cost effectiveness of providing services to 
     participants; and
       (D) a data collection system that will produce data 
     comparable to that used by the Office of Applied Studies of 
     the Substance Abuse and Mental Health Services Administration 
     and the Bureau of Justice Statistics of the Office of Justice 
     Programs.
       (b) Report.--The Director shall submit to the appropriate 
     committees, at the same time as the President's budget for 
     fiscal year 2001 is submitted, a report that--
       (1) describes the activities funded by grant awards under 
     this subtitle;
       (2) includes the evaluation submitted pursuant to 
     subsection (a); and
       (3) makes recommendations regarding revisions to the 
     authorization of the program, including extension, expansion, 
     application requirements, reduction, and termination.

     SEC. 117. DEFINITIONS.

       In this subtitle:
       (1) Appropriate committees.--The term ``appropriate 
     committees'' means the Committees on the Judiciary and the 
     Committees on Appropriations of the House of Representatives 
     and the Senate.
       (2) Director.--The term ``Director'' means the Director of 
     the Bureau of Justice Assistance.
       (3) Substance-involved offender.--The term ``substance-
     involved offender'' means an individual under the supervision 
     of a State or local criminal justice system, awaiting trial 
     or serving a sentence imposed by the criminal justice system, 
     who--
       (A) violated or has been arrested for violating a drug or 
     alcohol law;
       (B) was under the influence of alcohol or an illegal drug 
     at the time the crime was committed;
       (C) stole property to buy illegal drugs; or
       (D) has a history of substance abuse and addiction.
       (4) Unit of local government.--The term ``unit of local 
     government'' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State, an Indian tribe which performs law 
     enforcement functions as determined by the Secretary of the 
     Interior and any agency of the District of Columbia 
     government or the United States Government performing law 
     enforcement functions in and for the District of Columbia, 
     and the Trust Territory of the Pacific Islands.

     SEC. 118. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this subtitle from the Violent Crime Reduction 
     Trust Fund as authorized by title 31 of the Violent Crime and 
     Control and Law Enforcement Act of 1994 (42 U.S.C. 14211)--
       (1) for fiscal year 1999, $30,000,000; and
       (2) for fiscal year 2000, $20,000,000.
       (b) Reservation.--The Director may reserve each fiscal year 
     not more than 20 percent of the funds appropriated pursuant 
     to subsection (a) for activities required under section 116.

            Subtitle C--Drug-Free Schools Quality Assurance

     SEC. 121. SHORT TITLE.

       This subtitle may be cited as the ``Drug-Free Schools 
     Quality Assurance Act''.

     SEC. 122. AMENDMENT TO SAFE AND DRUG-FREE SCHOOLS AND 
                   COMMUNITIES ACT.

       Subpart 3 of title IV of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7141 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 4134. QUALITY RATING.

       ``(a) In General.--The chief executive officer of each 
     State, or in the case of a State in which the constitution or 
     law of such State designates another individual, entity, or 
     agency in the State to be responsible for education 
     activities, such individual, entity, or agency, is authorized 
     and encouraged--
       ``(1) to establish a standard of quality for drug, alcohol, 
     and tobacco prevention programs implemented in public 
     elementary schools and secondary schools in the State in 
     accordance with subsection (b); and
       ``(2) to identify and designate, upon application by a 
     public elementary school or secondary school, any such school 
     that achieves such standard as a quality program school.
       ``(b) Criteria.--The standard referred to in subsection (a) 
     shall address, at a minimum--
       ``(1) a comparison of the rate of illegal use of drugs, 
     alcohol, and tobacco by students enrolled in the school for a 
     period of time to be determined by the chief executive 
     officer of the State;
       ``(2) the rate of suspensions or expulsions of students 
     enrolled in the school for drug, alcohol, or tobacco-related 
     offenses;
       ``(3) the effectiveness of the drug, alcohol, or tobacco 
     prevention program as proven by research;
       ``(4) the involvement of parents and community members in 
     the design of the drug, alcohol, and tobacco prevention 
     program; and
       ``(5) the extent of review of existing community drug, 
     alcohol, and tobacco prevention programs before 
     implementation of the public school program.
       ``(c) Request for Quality Program School Designation.--A 
     school that wishes to receive a quality program school 
     designation shall submit a request and documentation of 
     compliance with this section to the chief executive officer 
     of the State or the individual, entity, or agency described 
     in subsection (a), as the case may be.
       ``(d) Public Notification.--Not less than once a year, the 
     chief executive officer of each State or the individual, 
     entity, or agency described in subsection (a), as the case 
     may be, shall make available to the public a list of the 
     names of each public school in the State that has received a 
     quality program school designation in accordance with this 
     section.''.

            TITLE II--STATEMENT OF NATIONAL ANTIDRUG POLICY

      Subtitle A--Congressional Leadership in Community Coalitions

     SEC. 201. SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Illegal drug use is dangerous to the physical well-
     being of the Nation's youth.

[[Page H11248]]

       (2) Illegal drug use can destroy the lives of the Nation's 
     youth by diminishing their sense of morality and with it 
     everything in life that is important and worthwhile.
       (3) According to recently released national surveys, drug 
     use among the Nation's youth remains at alarmingly high 
     levels.
       (4) National leadership is critical to conveying to the 
     Nation's youth the message that drug use is dangerous and 
     wrong.
       (5) National leadership can help mobilize every sector of 
     the community to support the implementation of comprehensive, 
     sustainable, and effective programs to reduce drug abuse.
       (6) As of September 1, 1998, 76 Members of the House of 
     Representatives were establishing community-based antidrug 
     coalitions in their congressional districts or were actively 
     supporting such coalitions that already existed.
       (7) The individual Members of the House of Representatives 
     can best help their constituents prevent drug use among the 
     Nation's youth by establishing community-based antidrug 
     coalitions in their congressional districts or by actively 
     supporting such coalitions that already exist.
       (b) Sense of Congress.--It is the sense of Congress that 
     the individual Members of the House of Representatives, 
     including the Delegates and the Resident Commissioner, should 
     establish community-based antidrug coalitions in their 
     congressional districts or should actively support any such 
     coalitions that have been established.

             Subtitle B--Rejection of Legalization of Drugs

     SEC. 211. SENSE OF CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) Illegal drug use is harmful and wrong.
       (2) Illegal drug use can kill the individuals involved or 
     cause the individuals to hurt or kill others, and such use 
     strips the individuals of their moral sense.
       (3) The greatest threat presented by such use is to the 
     youth of the United States, who are illegally using drugs in 
     increasingly greater numbers.
       (4) The people of the United States are more concerned 
     about illegal drug use and crimes associated with such use 
     than with any other current social problem.
       (5) Efforts to legalize or otherwise legitimize drug use 
     present a message to the youth of the United States that drug 
     use is acceptable.
       (6) Article VI, clause 2 of the Constitution of the United 
     States states that ``[t]his Constitution, and the laws of the 
     United States which shall be made in pursuance thereof; and 
     all treaties made, or which shall be made, under the 
     authority of the United States, shall be the supreme law of 
     the land; and judges in every state shall be bound thereby, 
     any thing in the Constitution or laws of any state to the 
     contrary notwithstanding.''.
       (7) The courts of the United States have repeatedly found 
     that any State law that conflicts with a Federal law or 
     treaty is preempted by such law or treaty.
       (8) The Controlled Substances Act (21 U.S.C. 801 et seq.) 
     strictly regulates the use and possession of drugs.
       (9) The United Nations Convention Against Illicit Traffic 
     in Narcotic Drugs and Psychotrophic Substances Treaty 
     similarly regulates the use and possession of drugs.
       (10) Any attempt to authorize under State law an activity 
     prohibited under such Treaty or the Controlled Substances Act 
     would conflict with that Treaty or Act.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the several States, and the citizens of such States, 
     should reject the legalization of drugs through legislation, 
     ballot proposition, constitutional amendment, or any other 
     means; and
       (2) each State should make efforts to be a drug-free State.

  Subtitle C--Report on Streamlining Federal Prevention and Treatment 
                                Efforts

     SEC. 221. REPORT ON STREAMLINING FEDERAL PREVENTION AND 
                   TREATMENT EFFORTS.

       (a) Sense of Congress.--It is the sense of Congress that--
       (1) the efforts of the Federal Government to reduce the 
     demand for illegal drugs in the United States are frustrated 
     by the fragmentation of those efforts across multiple 
     departments and agencies; and
       (2) improvement of those efforts can best be achieved 
     through consolidation and coordination.
       (b) Report Requirement.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the Director of the Office of National 
     Drug Control Policy shall prepare and submit to the 
     appropriate committees a report evaluating options for 
     increasing the efficacy of drug prevention and treatment 
     programs and activities by the Federal Government. Such 
     option shall include the merits of a consolidation of 
     programs into a single agency, transferring programs from 1 
     agency to another, and improving coordinating mechanisms and 
     authorities. The report shall also include a thorough review 
     of the activities and potential consolidation of existing 
     Federal drug information clearinghouses.
       (2) Recommendation and explanatory statement.--The study 
     submitted under paragraph (1) shall identify options that are 
     determined by the Director to have merit, and an explanation 
     which options should be implemented.
       (3) Authorization of appropriations.--There is authorized 
     to be appropriated to the Office of National Drug Control 
     Policy to carry out this subsection $1,000,000 for 
     contracting, policy research, and related costs.
       (c) Appropriate Committees Defined.--In this section, the 
     term ``appropriate committees'' means the Committee on 
     Appropriations, the Committee on Commerce, and the Committee 
     on Education and the Workforce of the House of 
     Representatives, and the Committee on Appropriations, and 
     Committee on Labor and Human Resources of the Senate.

DIVISION E--METHAMPHETAMINE TRAFFICKING PENALTY ENHANCEMENT ACT OF 1998

     SECTION 1. SHORT TITLE.

       This division may be cited as the ``Methamphetamine 
     Trafficking Penalty Enhancement Act of 1998''.

     SEC. 2. METHAMPHETAMINE PENALTY INCREASES.

       (a) Controlled Substances Act.--Section 401(b)(1) of the 
     Controlled Substances Act (21 U.S.C. 841(b)(1)) is amended--
       (1) in subparagraph (A)(viii)--
       (A) by striking ``100 grams'' and inserting ``50 grams''; 
     and
       (B) by striking ``1 kilogram'' and inserting ``500 grams''; 
     and
       (2) in subparagraph (B)(viii)--
       (A) by striking ``10 grams'' and inserting ``5 grams''; and
       (B) by striking ``100 grams'' and inserting ``50 grams''.
       (b) Controlled Substances Import and Export Act.--Section 
     1010(b) of the Controlled Substances Import and Export Act 
     (21 U.S.C. 960(b)) is amended--
       (1) in paragraph (1)(H)--
       (A) by striking ``100 grams'' and inserting ``50 grams''; 
     and
       (B) by striking ``1 kilogram'' and inserting ``500 grams''; 
     and
       (2) in paragraph (2)(H)--
       (A) by striking ``10 grams'' and inserting ``5 grams''; and
       (B) by striking ``100 grams'' and inserting ``50 grams''.

     SEC. 3. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER 
                   THE VIOLENT OFFENDER INCARCERATION AND TRUTH-
                   IN-SENTENCING GRANTS PROGRAM.

       Section 20105(b) of the Violent Crime Control and Law 
     Enforcement Act of 1994 is amended to read as follows:
       ``(b) Additional Requirements.--
       ``(1) Eligibility for grant.--To be eligible to receive a 
     grant under section 20103 or section 20104, a State shall--
       ``(A) provide assurances to the Attorney General that the 
     State has implemented or will implement not later than 18 
     months after the date of the enactment of this subtitle, 
     policies that provide for the recognition of the rights of 
     crime victims; and
       ``(B) subject to the limitation of paragraph (2), no later 
     than September 1, 2000, consider a program of drug testing 
     and intervention for appropriate categories of convicted 
     offenders during periods of incarceration and post-
     incarceration and criminal justice supervision, with 
     sanctions including denial or revocation of release for 
     positive drug tests, consistent with guidelines issued by the 
     Attorney General.
       ``(2) Use of funds.--Beginning in fiscal year 1999, not 
     more than 10 percent of the funds provided under section 
     20103 or section 20104 of this subtitle may be applied to the 
     cost of offender drug testing and intervention programs 
     during periods of incarceration and post-incarceration 
     criminal justice supervision, consistent with guidelines 
     issued by the Attorney General. Further, such funds may be 
     used by the States to pay the costs of providing to the 
     Attorney General a baseline study on their prison drug abuse 
     problem. Such studies shall be consistent with guidelines 
     issued by the Attorney General.''.

         DIVISION F--NOT LEGALIZING MARIJUANA FOR MEDICINAL USE

       It is the sense of the Congress that--
       (1) certain drugs are listed on Schedule I of the 
     Controlled Substances Act if they have a high potential for 
     abuse, lack any currently accepted medical use in treatment, 
     and are unsafe, even under medical supervision;
       (2) the consequences of illegal use of Schedule I drugs are 
     well documented, particularly with regard to physical health, 
     highway safety, and criminal activity;
       (3) pursuant to section 401 of the Controlled Substances 
     Act, it is illegal to manufacture, distribute, or dispense 
     marijuana, heroin, LSD, and more than 100 other Schedule I 
     drugs;
       (4) pursuant to section 505 of the Federal Food, Drug and 
     Cosmetic Act, before any drug can be approved as a medication 
     in the United States, it must meet extensive scientific and 
     medical standards established by the Food and Drug 
     Administration to ensure it is safe and effective;
       (5) marijuana and other Schedule I drugs have not been 
     approved by the Food and Drug Administration to treat any 
     disease or condition;
       (6) the Federal Food, Drug and Cosmetic Act already 
     prohibits the sale of any unapproved drug, including 
     marijuana, that has not been proven safe and effective for 
     medical purposes and grants the Food and Drug Administration 
     the authority to enforce this prohibition through seizure and 
     other civil action, as well as through criminal penalties;
       (7) marijuana use by children in grades 8 through 12 
     declined steadily from 1980 to 1992, but, from 1992 to 1996, 
     has dramatically increased by 253 percent among 8th graders, 
     151 percent among 10th graders, and 84 percent among 12th 
     graders, and the average age of first-time use of marijuana 
     is now younger than it has ever been;
       (8) according to the 1997 survey by the Center on Addiction 
     and Substance Abuse at Columbia University, 500,000 8th 
     graders began using marijuana in the 6th and 7th grades;

[[Page H11249]]

       (9) according to that same 1997 survey, youths between the 
     ages of 12 and 17 who use marijuana are 85 times more likely 
     to use cocaine than those who abstain from marijuana, and 60 
     percent of adolescents who use marijuana before the age of 15 
     will later use cocaine; and
       (10) the rate of illegal drug use among youth is linked to 
     their perceptions of the health and safety risks of those 
     drugs, and the ambiguous cultural messages about marijuana 
     use are contributing to a growing acceptance of marijuana use 
     among children and teenagers;
       (11) Congress continues to support the existing Federal 
     legal process for determining the safety and efficacy of 
     drugs and opposes efforts to circumvent this process by 
     legalizing marijuana, and other Schedule I drugs, for 
     medicinal use without valid scientific evidence and the 
     approval of the Food and Drug Administration; and
       (12) not later than 90 days after the date of the enactment 
     of this Act--
       (A) the Attorney General shall submit to the Committees on 
     the Judiciary of the House of Representatives and the Senate 
     a report on--
       (i) the total quantity of marijuana eradicated in the 
     United States during the period from 1992 through 1997; and
       (ii) the annual number of arrests and prosecutions for 
     Federal marijuana offenses during the period described in 
     clause (i); and
       (B) the Commissioner of Foods and Drugs shall submit to the 
     Committee on Commerce of the House of Representatives and the 
     Committee on Labor and Human Resources of the Senate a report 
     on the specific efforts underway to enforce sections 304 and 
     505 of the Federal Food, Drug and Cosmetic Act with respect 
     to marijuana and other Schedule I drugs.

  DIVISION G____--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Foreign Affairs Reform 
     and Restructuring Act of 1998''.

     SEC. 1002. ORGANIZATION OF DIVISION INTO SUBDIVISIONS; TABLE 
                   OF CONTENTS.

       (a) Divisions.--This division is organized into three 
     subdivisions as follows:
       (1) Subdivision a.--Foreign Affairs Agencies Consolidation 
     Act of 1998.
       (2) Subdivision b.--Foreign Relations Authorization Act, 
     Fiscal Years 1998 and 1999.
       (3) Subdivision c.--United Nations Reform Act of 1998.
       (b) Table of Contents.--The table of contents for this 
     division is as follows:

   DIVISION____--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

Sec. 1001. Short title.
Sec. 1002. Organization of division into subdivisions; table of 
              contents.

        Subdivision A--Consolidation of Foreign Affairs Agencies

                      TITLE XI--GENERAL PROVISIONS

Sec. 1101. Short title.
Sec. 1102. Purposes.
Sec. 1103. Definitions.
Sec. 1104. Report on budgetary cost savings resulting from 
              reorganization.

      TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                     Chapter 1--General Provisions

Sec. 1201. Effective date.

             Chapter 2--Abolition and Transfer of Functions

Sec. 1211. Abolition of United States Arms Control and Disarmament 
              Agency.
Sec. 1212. Transfer of functions to Secretary of State.
Sec. 1213. Under Secretary for Arms Control and International Security.

                    Chapter 3--Conforming Amendments

Sec. 1221. References.
Sec. 1222. Repeals.
Sec. 1223. Amendments to the Arms Control and Disarmament Act.
Sec. 1224. Compensation of officers.
Sec. 1225. Additional conforming amendments.

              TITLE XIII--UNITED STATES INFORMATION AGENCY

                     Chapter 1--General Provisions

Sec. 1301. Effective date.

             Chapter 2--Abolition and Transfer of Functions

Sec. 1311. Abolition of United States Information Agency.
Sec. 1312. Transfer of functions.
Sec. 1313. Under Secretary of State for Public Diplomacy.
Sec. 1314. Abolition of Office of Inspector General of United States 
              Information Agency and transfer of functions.

                 Chapter 3--International Broadcasting

Sec. 1321. Congressional findings and declaration of purpose.
Sec. 1322. Continued existence of Broadcasting Board of Governors.
Sec. 1323. Conforming amendments to the United States International 
              Broadcasting Act of 1994.
Sec. 1324. Amendments to the Radio Broadcasting to Cuba Act.
Sec. 1325. Amendments to the Television Broadcasting to Cuba Act.
Sec. 1326. Transfer of broadcasting related funds, property, and 
              personnel.
Sec. 1327. Savings provisions.
Sec. 1328. Report on the privatization of RFE/RL, Incorporated.

                    Chapter 4--Conforming Amendments

Sec. 1331. References.
Sec. 1332. Amendments to title 5, United States Code.
Sec. 1333. Application of certain laws.
Sec. 1334. Abolition of United States Advisory Commission on Public 
              Diplomacy.
Sec. 1335. Conforming amendments.
Sec. 1336. Repeals.

 TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

                     Chapter 1--General Provisions

Sec. 1401. Effective date.

             Chapter 2--Abolition and Transfer of Functions

Sec. 1411. Abolition of United States International Development 
              Cooperation Agency.
Sec. 1412. Transfer of functions and authorities.
Sec. 1413. Status of AID.

                    Chapter 3--Conforming Amendments

Sec. 1421. References.
Sec. 1422. Conforming amendments.

             TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                     Chapter 1--General Provisions

Sec. 1501. Effective date.

          Chapter 2--Reorganization and Transfer of Functions

Sec. 1511. Reorganization of Agency for International Development.

            Chapter 3--Authorities of the Secretary of State

Sec. 1521. Definition of United States assistance.
Sec. 1522. Administrator of AID reporting to the Secretary of State.
Sec. 1523. Assistance programs coordination and oversight.

                         TITLE XVI--TRANSITION

                     Chapter 1--Reorganization Plan

Sec. 1601. Reorganization plan and report.

                  Chapter 2--Reorganization Authority

Sec. 1611. Reorganization authority.
Sec. 1612. Transfer and allocation of appropriations.
Sec. 1613. Transfer, appointment, and assignment of personnel.
Sec. 1614. Incidental transfers.
Sec. 1615. Savings provisions.
Sec. 1616. Authority of Secretary of State to facilitate transition.
Sec. 1617. Final report.

             Subdivision B--Foreign Relations Authorization

                      TITLE XX--GENERAL PROVISIONS

Sec. 2001. Short title.
Sec. 2002. Definition of appropriate congressional committees.

   TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE

Sec. 2101. Administration of foreign affairs.
Sec. 2102. International commissions.
Sec. 2103. Grants to The Asia Foundation.
Sec. 2104. Voluntary contributions to international organizations.
Sec. 2105. Voluntary contributions to peacekeeping operations.
Sec. 2106. Limitation on United States voluntary contributions to 
              United Nations Development Program.

       TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                 Chapter 1--Authorities and Activities

Sec. 2201. Reimbursement of Department of State for assistance to 
              overseas educational facilities.
Sec. 2202. Revision of Department of State rewards program.
Sec. 2203. Retention of additional defense trade controls registration 
              fees.
Sec. 2204. Fees for commercial services.
Sec. 2205. Pilot program for foreign affairs reimbursement.
Sec. 2206. Fee for use of diplomatic reception rooms.
Sec. 2207. Budget presentation documents.
Sec. 2208. Office of the Inspector General.
Sec. 2209. Capital Investment Fund.
Sec. 2210. Contracting for local guards services overseas.
Sec. 2211. Authority of the Foreign Claims Settlement Commission.
Sec. 2212. Expenses relating to certain international claims and 
              proceedings.
Sec. 2213. Grants to remedy international abductions of children.
Sec. 2214. Counterdrug and anticrime activities of the Department of 
              State.
Sec. 2215. Annual report on overseas surplus properties.
Sec. 2216. Human rights reports.
Sec. 2217. Reports and policy concerning diplomatic immunity.
Sec. 2218. Reaffirming United States international telecommunications 
              policy.
Sec. 2219. Reduction of reporting.

       Chapter 2--Consular Authorities of the Department of State

Sec. 2221. Use of certain passport processing fees for enhanced 
              passport services.
Sec. 2222. Consular officers.
Sec. 2223. Repeal of outdated consular receipt requirements.
Sec. 2224. Elimination of duplicate Federal Register publication for 
              travel advisories.
Sec. 2225. Denial of visas to confiscators of American property. 
Sec. 2226. Inadmissibility of any alien supporting an international 
              child abductor.

                   Chapter 3--Refugees and Migration


              SUBCHAPTER A--AUTHORIZATION OF APPROPRIATIONS

Sec. 2231. Migration and refugee assistance.


                        SUBCHAPTER B--AUTHORITIES

Sec. 2241. United States policy regarding the involuntary return of 
              refugees.

[[Page H11250]]

Sec. 2242. United States policy with respect to the involuntary return 
              of persons in danger of subjection to torture.
Sec. 2243. Reprogramming of migration and refugee assistance funds.
Sec. 2244. Eligibility for refugee status.
Sec. 2245. Reports to Congress concerning Cuban emigration policies.

  TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF 
                  STATE PERSONNEL; THE FOREIGN SERVICE

           Chapter 1--Organization of the Department of State

Sec. 2301. Coordinator for Counterterrorism.
Sec. 2302. Elimination of Deputy Assistant Secretary of State for 
              Burdensharing.
Sec. 2303. Personnel management.
Sec. 2304. Diplomatic security.
Sec. 2305. Number of senior official positions authorized for the 
              Department of State.
Sec. 2306. Nomination of Under Secretaries and Assistant Secretaries of 
              State.

  Chapter 2--Personnel of the Department of State; the Foreign Service

Sec. 2311. Foreign Service reform.
Sec. 2312. Retirement benefits for involuntary separation.
Sec. 2313. Authority of Secretary to separate convicted felons from the 
              Foreign Service.
Sec. 2314. Career counseling.
Sec. 2315. Limitations on management assignments.
Sec. 2316. Availability pay for certain criminal investigators within 
              the Diplomatic Security Service.
Sec. 2317. Nonovertime differential pay.
Sec. 2318. Report concerning minorities and the Foreign Service.

  TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

               Chapter 1--Authorization of Appropriations

Sec. 2401. International information activities and educational and 
              cultural exchange programs.

                 Chapter 2--Authorities and Activities

Sec. 2411. Retention of interest.
Sec. 2412. Use of selected program fees.
Sec. 2413. Muskie Fellowship Program.
Sec. 2414. Working Group on United States Government-Sponsored 
              International Exchanges and Training.
Sec. 2415. Educational and cultural exchanges and scholarships for 
              Tibetans and Burmese.
Sec. 2416. Surrogate broadcasting study.
Sec. 2417. Radio broadcasting to Iran in the Farsi language.
Sec. 2418. Authority to administer summer travel and work programs.
Sec. 2419. Permanent administrative authorities regarding 
              appropriations.
Sec. 2420. Voice of America broadcasts.

    TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS

Sec. 2501. International conferences and contingencies.
Sec. 2502. Restriction relating to United States accession to any new 
              international criminal tribunal.
Sec. 2503. United States membership in the Bureau of the 
              Interparliamentary Union.
Sec. 2504. Service in international organizations.
Sec. 2505. Reports regarding foreign travel.

     TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

Sec. 2601. Authorization of appropriations.
Sec. 2602. Statutory construction.

               TITLE XXVII--EUROPEAN SECURITY ACT OF 1998

Sec. 2701. Short title.
Sec. 2702. Statement of policy.
Sec. 2703. Authorities relating to NATO enlargement.
Sec. 2704. Sense of Congress with respect to the Treaty on Conventional 
              Armed Forces in Europe.
Sec. 2705. Restrictions and requirements relating to ballistic missile 
              defense.

             TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS

Sec. 2801. Reports on claims by United States firms against the 
              Government of Saudi Arabia.
Sec. 2802. Reports on determinations under title IV of the Libertad 
              Act.
Sec. 2803. Report on compliance with the Hague Convention on 
              International Child Abduction.
Sec. 2804. Sense of Congress relating to recognition of the Ecumenical 
              Patriarchate by the Government of Turkey.
Sec. 2805. Report on relations with Vietnam.
Sec. 2806. Reports and policy concerning human rights violations in 
              Laos.
Sec. 2807. Report on an alliance against narcotics trafficking in the 
              Western Hemisphere.
Sec. 2808. Congressional statement regarding the accession of Taiwan to 
              the World Trade Organization.
Sec. 2809. Programs or projects of the International Atomic Energy 
              Agency in Cuba.
Sec. 2810. Limitation on assistance to countries aiding Cuba nuclear 
              development.
Sec. 2811. International Fund for Ireland.
Sec. 2812. Support for democratic opposition in Iraq.
Sec. 2813. Development of democracy in the Republic of Serbia.

        SUBDIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

                      TITLE XI--GENERAL PROVISIONS

     SEC. 1101. SHORT TITLE.

       This subdivision may be cited as the ``Foreign Affairs 
     Agencies Consolidation Act of 1998''.

     SEC. 1102. PURPOSES.

       The purposes of this subdivision are--
       (1) to strengthen--
       (A) the coordination of United States foreign policy; and
       (B) the leading role of the Secretary of State in the 
     formulation and articulation of United States foreign policy;
       (2) to consolidate and reinvigorate the foreign affairs 
     functions of the United States within the Department of State 
     by--
       (A) abolishing the United States Arms Control and 
     Disarmament Agency, the United States Information Agency, and 
     the United States International Development Cooperation 
     Agency, and transferring the functions of these agencies to 
     the Department of State while preserving the special missions 
     and skills of these agencies;
       (B) transferring certain functions of the Agency for 
     International Development to the Department of State; and
       (C) providing for the reorganization of the Department of 
     State to maximize the efficient use of resources, which may 
     lead to budget savings, eliminate redundancy in functions, 
     and improvement in the management of the Department of State;
       (3) to ensure that programs critical to the promotion of 
     United States national interests be maintained;
       (4) to assist congressional efforts to balance the Federal 
     budget and reduce the Federal debt;
       (5) to ensure that the United States maintains effective 
     representation abroad within budgetary restraints; and
       (6) to encourage United States foreign affairs agencies to 
     maintain a high percentage of the best qualified, most 
     competent United States citizens serving in the United States 
     Government.

     SEC. 1103. DEFINITIONS.

       In this subdivision:
       (1) ACDA.--The term ``ACDA'' means the United States Arms 
     Control and Disarmament Agency.
       (2) AID.--The term ``AID'' means the United States Agency 
     for International Development.
       (3) Agency; federal agency.--The term ``agency'' or 
     ``Federal agency'' means an Executive agency as defined in 
     section 105 of title 5, United States Code.
       (4) Appropriate congressional committees.--The term 
     ``appropriate congressional committees'' means the Committee 
     on International Relations and the Committee on 
     Appropriations of the House of Representatives and the 
     Committee on Foreign Relations and the Committee on 
     Appropriations of the Senate.
       (5) Covered agency.--The term ``covered agency'' means any 
     of the following agencies: ACDA, USIA, IDCA, and AID.
       (6) Department.--The term ``Department'' means the 
     Department of State.
       (7) Function.--The term ``function'' means any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program.
       (8) IDCA.--The term ``IDCA'' means the United States 
     International Development Cooperation Agency.
       (9) Office.--The term ``office'' includes any office, 
     administration, agency, institute, unit, organizational 
     entity, or component thereof.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of State.
       (11) USIA.--The term ``USIA'' means the United States 
     Information Agency.

     SEC. 1104. REPORT ON BUDGETARY COST SAVINGS RESULTING FROM 
                   REORGANIZATION.

       The Secretary of State shall submit a report, together with 
     the congressional presentation document for the budget of the 
     Department of State for each of the fiscal years 2000 and 
     2001, to the appropriate congressional committees describing 
     the total anticipated and achieved cost savings in budget 
     outlays and budget authority related to the reorganization 
     implemented under this subdivision, including cost savings by 
     each of the following categories:
       (1) Reductions in personnel.
       (2) Administrative consolidation, including procurement.
       (3) Program consolidation.
       (4) Consolidation of real properties and leases.

      TITLE XII--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1201. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the earlier of--
       (1) April 1, 1999; or
       (2) the date of abolition of the United States Arms Control 
     and Disarmament Agency pursuant to the reorganization plan 
     described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

     SEC. 1211. ABOLITION OF UNITED STATES ARMS CONTROL AND 
                   DISARMAMENT AGENCY.

       The United States Arms Control and Disarmament Agency is 
     abolished.

     SEC. 1212. TRANSFER OF FUNCTIONS TO SECRETARY OF STATE.

       There are transferred to the Secretary of State all 
     functions of the Director of the United States Arms Control 
     and Disarmament Agency, and all functions of the United 
     States Arms Control and Disarmament Agency and any office or 
     component of such agency, under any statute, reorganization 
     plan, Executive order, or other provision of law, as of the 
     day before the effective date of this title.

[[Page H11251]]

     SEC. 1213. UNDER SECRETARY FOR ARMS CONTROL AND INTERNATIONAL 
                   SECURITY.

       Section 1(b) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2651(b)) is amended--
       (1) by striking ``There'' and inserting the following:
       ``(1) In general.--There''; and
       (2) by adding at the end the following:
       ``(2) Under secretary for arms control and international 
     security.--There shall be in the Department of State, among 
     the Under Secretaries authorized by paragraph (1), an Under 
     Secretary for Arms Control and International Security, who 
     shall assist the Secretary and the Deputy Secretary in 
     matters related to international security policy, arms 
     control, and nonproliferation. Subject to the direction of 
     the President, the Under Secretary may attend and participate 
     in meetings of the National Security Council in his role as 
     Senior Advisor to the President and the Secretary of State on 
     Arms Control and Nonproliferation Matters.''.

                    CHAPTER 3--CONFORMING AMENDMENTS

     SEC. 1221. REFERENCES.

       Except as otherwise provided in section 1223 or 1225, any 
     reference in any statute, reorganization plan, Executive 
     order, regulation, agreement, determination, or other 
     official document or proceeding to--
       (1) the Director of the United States Arms Control and 
     Disarmament Agency, the Director of the Arms Control and 
     Disarmament Agency, or any other officer or employee of the 
     United States Arms Control and Disarmament Agency or the Arms 
     Control and Disarmament Agency shall be deemed to refer to 
     the Secretary of State; or
       (2) the United States Arms Control and Disarmament Agency 
     or the Arms Control and Disarmament Agency shall be deemed to 
     refer to the Department of State.

     SEC. 1222. REPEALS.

       The following sections of the Arms Control and Disarmament 
     Act (22 U.S.C. 2551 et seq.) are repealed: Sections 21 
     through 26 (22 U.S.C. 2561-2566), section 35 (22 U.S.C. 
     2575), section 42 (22 U.S.C. 2582), section 43 (22 U.S.C. 
     2583), sections 45 through 50 (22 U.S.C. 2585-2593), section 
     53 (22 U.S.C. 2593c), section 54 (22 U.S.C. 2593d), and 
     section 63 (22 U.S.C. 2595b).

     SEC. 1223. AMENDMENTS TO THE ARMS CONTROL AND DISARMAMENT 
                   ACT.

       The Arms Control and Disarmament Act (22 U.S.C. 2551 et 
     seq.) is amended--
       (1) in section 2 (22 U.S.C. 2551)--
       (A) in the first undesignated paragraph, by striking 
     ``creating a new agency of peace to deal with'' and inserting 
     ``addressing'';
       (B) by striking the second undesignated paragraph; and
       (C) in the third undesignated paragraph--
       (i) by striking ``This organization'' and inserting ``The 
     Secretary of State'';
       (ii) by striking ``It shall have'' and inserting ``The 
     Secretary shall have'';
       (iii) by striking ``and the Secretary of State'';
       (iv) by inserting ``, nonproliferation,'' after ``arms 
     control'' in paragraph (1);
       (v) by striking paragraph (2);
       (vi) by redesignating paragraphs (3) through (5) as 
     paragraphs (2) through (4), respectively; and
       (vii) by striking ``, as appropriate,'' in paragraph (3) 
     (as redesignated);
       (2) in section 3 (22 U.S.C. 2552), by striking subsection 
     (c);
       (3) in the heading for title II, by striking 
     ``ORGANIZATION'' and inserting ``SPECIAL REPRESENTATIVES AND 
     VISITING SCHOLARS'';
       (4) in section 27 (22 U.S.C. 2567)--
       (A) by striking the third sentence;
       (B) in the fourth sentence, by striking ``, acting through 
     the Director''; and
       (C) in the fifth sentence, by striking ``Agency'' and 
     inserting ``Department of State'';
       (5) in section 28 (22 U.S.C. 2568)--
       (A) by striking ``Director'' each place it appears and 
     inserting ``Secretary of State'';
       (B) in the second sentence--
       (i) by striking ``Agency'' each place it appears and 
     inserting ``Department of State''; and
       (ii) by striking ``Agency's'' and inserting ``Department of 
     State's''; and
       (C) by striking the fourth sentence;
       (6) in section 31 (22 U.S.C. 2571)--
       (A) by inserting ``this title in'' after ``powers in'';
       (B) by striking ``Director'' each place it appears and 
     inserting ``Secretary of State'';
       (C) by striking ``insure'' each place it appears and 
     inserting ``ensure'';
       (D) in the second sentence, by striking ``in accordance 
     with procedures established under section 35 of this Act'';
       (E) in the fourth sentence by striking ``The authority'' 
     and all that follows through ``disarmament:'' and inserting 
     the following: ``The authority of the Secretary under this 
     Act with respect to research, development, and other studies 
     concerning arms control, nonproliferation, and disarmament 
     shall be limited to participation in the following:''; and
       (F) in subsection (l), by inserting ``and'' at the end;
       (7) in section 32 (22 U.S.C. 2572)--
       (A) by striking ``Director'' and inserting ``Secretary of 
     State''; and
       (B) by striking ``subsection'' and inserting ``section'';
       (8) in section 33(a) (22 U.S.C. 2573(a))--
       (A) by striking ``the Secretary of State,''; and
       (B) by striking ``Director'' and inserting ``Secretary of 
     State'';
       (9) in section 34 (22 U.S.C. 2574)--
       (A) in subsection (a)--
       (i) in the first sentence, by striking ``Director'' and 
     inserting ``Secretary of State'';
       (ii) in the first sentence, by striking ``and the Secretary 
     of State'';
       (iii) in the first sentence, by inserting ``, 
     nonproliferation,'' after ``in the fields of arms control'';
       (iv) in the first sentence, by striking ``and shall have 
     primary responsibility, whenever directed by the President, 
     for the preparation, conduct, and management of the United 
     States participation in international negotiations and 
     implementation fora in the field of nonproliferation'';
       (v) in the second sentence, by striking ``section 27'' and 
     inserting ``section 201''; and
       (vi) in the second sentence, by striking ``the'' after 
     ``serve as'';
       (B) by striking subsection (b);
       (C) by redesignating subsection (c) as subsection (b); and
       (D) in subsection (b) (as redesignated)--
       (i) in the text above paragraph (1), by striking 
     ``Director'' and inserting ``Secretary of State'';
       (ii) by striking paragraph (1); and
       (iii) by redesignating paragraphs (2) and (3) as paragraphs 
     (1) and (2), respectively;
       (10) in section 36 (22 U.S.C. 2576)--
       (A) by striking ``Director'' each place it appears and 
     inserting ``Secretary of State''; and
       (B) by striking ``, in accordance with the procedures 
     established pursuant to section 35 of this Act,'';
       (11) in section 37 (22 U.S.C. 2577)--
       (A) by striking ``Director'' and ``Agency'' each place it 
     appears and inserting ``Secretary of State'' or ``Department 
     of State'', respectively; and
       (B) by striking subsection (d);
       (12) in section 38 (22 U.S.C. 2578)--
       (A) by striking ``Director'' each place it appears and 
     inserting ``Secretary of State''; and
       (B) by striking subsection (c);
       (13) in section 41 (22 U.S.C. 2581)--
       (A) by striking ``In the performance of his functions, the 
     Director'' and inserting ``In addition to any authorities 
     otherwise available, the Secretary of State in the 
     performance of functions under this Act'';
       (B) by striking ``Agency'', ``Agency's'', ``Director'', and 
     ``Director's'' each place they appear and inserting 
     ``Department of State'', ``Department of State's'', 
     ``Secretary of State'', or ``Secretary of State's'', as 
     appropriate;
       (C) in subsection (a), by striking the sentence that begins 
     ``It is the intent'';
       (D) in subsection (b)--
       (i) by striking ``appoint officers and employees, including 
     attorneys, for the Agency in accordance with the provisions 
     of title 5, United States Code, governing appointment in the 
     competitive service, and fix their compensation in accordance 
     with chapter 51 and with subchapter III of chapter 53 of such 
     title, relating to classification and General Schedule pay 
     rates, except that the Director may, to the extent the 
     Director determines necessary to the discharge of his 
     responsibilities,'';
       (ii) in paragraph (1), by striking ``exception'' and 
     inserting ``subsection''; and
       (iii) in paragraph (2)--

       (I) by striking ``exception'' and inserting ``subsection''; 
     and
       (II) by striking ``ceiling'' and inserting ``positions 
     allocated to carry out the purpose of this Act'';

       (E) by striking subsection (g);
       (F) by redesignating subsections (h), (i), and (j) as 
     subsections (g), (h), and (i), respectively;
       (G) by amending subsection (f) to read as follows:
       ``(f) establish a scientific and policy advisory board to 
     advise with and make recommendations to the Secretary of 
     State on United States arms control, nonproliferation, and 
     disarmament policy and activities. A majority of the board 
     shall be composed of individuals who have a demonstrated 
     knowledge and technical expertise with respect to arms 
     control, nonproliferation, and disarmament matters and who 
     have distinguished themselves in any of the fields of 
     physics, chemistry, mathematics, biology, or engineering, 
     including weapons engineering. The members of the board may 
     receive the compensation and reimbursement for expenses 
     specified for consultants by subsection (d) of this 
     section;''; and
       (H) in subsection (h) (as redesignated), by striking 
     ``Deputy Director'' and inserting ``Under Secretary for Arms 
     Control and International Security'';
       (14) in section 44 (22 U.S.C. 2584)--
       (A) by striking ``conflict-of-interest and'';
       (B) by striking ``The members'' and all that follows 
     through ``(5 U.S.C. 2263), or any other'' and inserting 
     ``Members of advisory boards and consultants may serve as 
     such without regard to any''; and
       (C) by inserting at the end the following new sentence: 
     ``This section shall apply only to individuals carrying out 
     activities related to arms control, nonproliferation, and 
     disarmament.'';
       (15) in section 51 (22 U.S.C. 2593a)--
       (A) in subsection (a)--
       (i) in paragraphs (1) and (3), by inserting ``, 
     nonproliferation,'' after ``arms control'' each place it 
     appears;
       (ii) by striking ``Director, in consultation with the 
     Secretary of State,'' and inserting ``Secretary of State with 
     the concurrence of the Director of Central Intelligence and 
     in consultation with'';
       (iii) by striking ``the Chairman of the Joint Chiefs of 
     Staff, and the Director of Central Intelligence'' and 
     inserting ``and the Chairman of the Joint Chiefs of Staff'';
       (iv) by striking paragraphs (2) and (4); and
       (v) by redesignating paragraphs (3), (5), (6), and (7) as 
     paragraphs (2) through (5), respectively; and
       (B) by adding at the end of subsection (b) the following: 
     ``The portions of this report described in paragraphs (4) and 
     (5) of subsection (a) shall summarize in detail, at least in 
     classified annexes, the information, analysis, and 
     conclusions relevant to possible noncompliance by other 
     nations that are provided by United States intelligence 
     agencies.'';

[[Page H11252]]

       (16) in section 52 (22 U.S.C. 2593b), by striking 
     ``Director'' and inserting ``Secretary of State'';
       (17) in section 61 (22 U.S.C. 2593a)--
       (A) in paragraph (1), by striking ``United States Arms 
     Control and Disarmament Agency'' and inserting ``Department 
     of State'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraphs (3) through (7) as 
     paragraphs (2) through (6), respectively;
       (D) in paragraph (4) (as redesignated), by striking 
     ``paragraph (4)'' and inserting ``paragraph (3)''; and
       (E) in paragraph (6) (as redesignated), by striking 
     ``United States Arms Control and Disarmament Agency and 
     the'';
       (18) in section 62 (22 U.S.C. 2595a)--
       (A) in subsection (c)--
       (i) in the subsection heading, by striking ``Director'' and 
     inserting ``Secretary of State''; and
       (ii) by striking ``2(d), 22, and 34(c)'' and inserting 
     ``102(3) and 304(b)''; and
       (B) by striking ``Director'' and inserting ``Secretary of 
     State'';
       (19) in section 64 (22 U.S.C. 2595b-1)--
       (A) by striking the section title and inserting ``SEC. 503. 
     REVIEW OF CERTAIN REPROGRAMMING NOTIFICATIONS.'';
       (B) by striking subsection (a); and
       (C) in subsection (b)--
       (i) by striking ``(b) Review of Certain Reprogramming 
     Notifications.--''; and
       (ii) by striking ``Foreign Affairs'' and inserting 
     ``International Relations'';
       (20) in section 65(1) (22 U.S.C. 2595c(1)) by inserting 
     ``of America'' after ``United States''; and
       (21) by redesignating sections 1, 2, 3, 27, 28, 31, 32, 33, 
     34, 36, 37, 38, 39, 41, 44, 51, 52, 61, 62, 64, and 65, as 
     amended by this section, as sections 101, 102, 103, 201, 202, 
     301, 302, 303, 304, 305, 306, 307, 308, 401, 402, 403, 404, 
     501, 502, 503, and 504, respectively.

     SEC. 1224. COMPENSATION OF OFFICERS.

       Title 5, United States Code, is amended--
       (1) in section 5313, by striking ``Director of the United 
     States Arms Control and Disarmament Agency.'';
       (2) in section 5314, by striking ``Deputy Director of the 
     United States Arms Control and Disarmament Agency.'';
       (3) in section 5315--
       (A) by striking ``Assistant Directors, United States Arms 
     Control and Disarmament Agency (4).''; and
       (B) by striking ``Special Representatives of the President 
     for arms control, nonproliferation, and disarmament matters, 
     United States Arms Control and Disarmament Agency'', and 
     inserting ``Special Representatives of the President for arms 
     control, nonproliferation, and disarmament matters, 
     Department of State''; and
       (4) in section 5316, by striking ``General Counsel of the 
     United States Arms Control and Disarmament Agency.''.

     SEC. 1225. ADDITIONAL CONFORMING AMENDMENTS.

       (a) Arms Export Control Act.--The Arms Export Control Act 
     is amended--
       (1) in section 36(b)(1)(D) (22 U.S.C. 2776(b)(1)(D)), by 
     striking ``Director of the Arms Control and Disarmament 
     Agency in consultation with the Secretary of State and the 
     Secretary of Defense'' and inserting ``Secretary of State in 
     consultation with the Secretary of Defense and the Director 
     of Central Intelligence'';
       (2) in section 38(a)(2) (22 U.S.C. 2778(a)(2))--
       (A) in the first sentence, by striking ``be made in 
     coordination with the Director of the United States Arms 
     Control and Disarmament Agency, taking into account the 
     Director's assessment as to'' and inserting ``take into 
     account''; and
       (B) by striking the second sentence;
       (3) in section 42(a) (22 U.S.C. 2791(a))--
       (A) in paragraph (1)(C), by striking ``the assessment of 
     the Director of the United States Arms Control and 
     Disarmament Agency as to'';
       (B) by striking ``(1)'' after ``(a)''; and
       (C) by striking paragraph (2);
       (4) in section 71(a) (22 U.S.C. 2797(a)), by striking ``, 
     the Director of the Arms Control and Disarmament Agency,'';
       (5) in section 71(b)(1) (22 U.S.C. 2797(b)(1)), by striking 
     ``and the Director of the United States Arms Control and 
     Disarmament Agency'';
       (6) in section 71(b)(2) (22 U.S.C. 2797(b)(2))--
       (A) by striking ``, the Secretary of Commerce, and the 
     Director of the United States Arms Control and Disarmament 
     Agency'' and inserting ``and the Secretary of Commerce''; and
       (B) by striking ``or the Director'';
       (7) in section 71(c) (22 U.S.C. 2797(c)), by striking 
     ``with the Director of the United States Arms Control and 
     Disarmament Agency,''; and
       (8) in section 73(d) (22 U.S.C. 2797b(d)), by striking ``, 
     the Secretary of Commerce, and the Director of the United 
     States Arms Control and Disarmament Agency'' and inserting 
     ``and the Secretary of Commerce''.
       (b) Foreign Assistance Act.--Section 511 of the Foreign 
     Assistance Act of 1961 (22 U.S.C. 2321d) is amended by 
     striking ``be made in coordination with the Director of the 
     United States Arms Control and Disarmament Agency and shall 
     take into account his opinion as to'' and inserting ``take 
     into account''.
       (c) United States Institute of Peace Act.--
       (1) Section 1706(b) of the United States Institute of Peace 
     Act (22 U.S.C. 4605(b)) is amended--
       (A) by striking paragraph (3);
       (B) by redesignating paragraphs (4) and (5) as paragraphs 
     (3) and (4), respectively; and
       (C) in paragraph (4) (as redesignated), by striking 
     ``Eleven'' and inserting ``Twelve''.
       (2) Section 1707(d)(2) of that Act (22 U.S.C. 4606(d)(2)) 
     is amended by striking ``, Director of the Arms Control and 
     Disarmament Agency''.
       (d) Atomic Energy Act of 1954.--The Atomic Energy Act of 
     1954 is amended--
       (1) in section 57b. (42 U.S.C. 2077(b))--
       (A) in the first sentence, by striking ``the Arms Control 
     and Disarmament Agency,''; and
       (B) in the second sentence, by striking ``the Director of 
     the Arms Control and Disarmament Agency,'';
       (2) in section 109b. (42 U.S.C. 2129(b)), by striking ``and 
     the Director'';
       (3) in section 111b. (42 U.S.C. 2131(b)) by striking ``the 
     Arms Control and Disarmament Agency, the Nuclear Regulatory 
     Commission,'' and inserting ``the Nuclear Regulatory 
     Commission'';
       (4) in section 123 (42 U.S.C. 2153)--
       (A) in subsection a., in the third sentence--
       (i) by striking ``and in consultation with the Director of 
     the Arms Control and Disarmament Agency (`the Director')'';
       (ii) by inserting ``and'' after ``Energy,'';
       (iii) by striking ``Commission, and the Director, who'' and 
     inserting ``Commission. The Secretary of State''; and
       (iv) after ``nuclear explosive purpose.'', by inserting the 
     following new sentence: ``Each Nuclear Proliferation 
     Assessment Statement prepared pursuant to this Act shall be 
     accompanied by a classified annex, prepared in consultation 
     with the Director of Central Intelligence, summarizing 
     relevant classified information.'';
       (B) in subsection d., in the first proviso--
       (i) by striking ``Nuclear Proliferation Assessment 
     Statement prepared by the Director of the Arms Control and 
     Disarmament Agency,'' and inserting ``Nuclear Proliferation 
     Assessment Statement prepared by the Secretary of State, and 
     any annexes thereto,''; and
       (ii) by striking ``has been'' and inserting ``have been''; 
     and
       (C) in the first undesignated paragraph following 
     subsection d., by striking ``the Arms Control and Disarmament 
     Agency,'';
       (5) in section 126a.(1), by striking ``the Director of the 
     Arms Control and Disarmament Agency, and the Nuclear 
     Regulatory Commission'' and inserting ``and the Nuclear 
     Regulatory Commission,'';
       (6) in section 131a. (42 U.S.C. 2160(a))--
       (A) in paragraph (1)--
       (i) in the first sentence, by striking ``the Director,'';
       (ii) in the third sentence, by striking ``the Director 
     declares that he intends'' and inserting ``the Secretary of 
     State is required''; and
       (iii) in the third sentence, by striking ``the Director's 
     declaration'' and inserting ``the requirement to prepare a 
     Nuclear Proliferation Assessment Statement'';
       (B) in paragraph (2)--
       (i) by striking ``Director's view'' and inserting ``view of 
     the Secretary of State, Secretary of Energy, Secretary of 
     Defense, or the Commission''; and
       (ii) by striking ``he may prepare'' and inserting ``the 
     Secretary of State, in consultation with such Secretary or 
     the Commission, shall prepare''; and
       (7) in section 131c. (42 U.S.C. 2160(c))--
       (A) in the first sentence, by striking ``, the Director of 
     the Arms Control and Disarmament Agency,'';
       (B) in the sixth and seventh sentences, by striking 
     ``Director'' each place it appears and inserting ``Secretary 
     of State''; and
       (C) in the seventh sentence, by striking ``Director's'' and 
     inserting ``Secretary of State's''.
       (e) Nuclear Non-Proliferation Act of 1978.--The Nuclear 
     Non-Proliferation Act of 1978 is amended--
       (1) in section 4 (22 U.S.C. 3203)--
       (A) by striking paragraph (2); and
       (B) by redesignating paragraphs (3) through (8) as 
     paragraphs (2) through (7), respectively;
       (2) in section 102 (22 U.S.C. 3222), by striking ``, the 
     Secretary of State, and the Director of the Arms Control and 
     Disarmament Agency'' and inserting ``and the Secretary of 
     State'';
       (3) in section 304(d) (42 U.S.C. 2156a), by striking ``the 
     Secretary of Defense, and the Director,'' and inserting ``and 
     the Secretary of Defense,'';
       (4) in section 309 (42 U.S.C. 2139a)--
       (A) in subsection (b), by striking ``the Department of 
     Commerce, and the Arms Control and Disarmament Agency'' and 
     inserting ``and the Department of Commerce''; and
       (B) in subsection (c), by striking ``the Arms Control and 
     Disarmament Agency,'';
       (5) in section 406 (42 U.S.C. 2160a), by inserting ``, or 
     any annexes thereto,'' after ``Statement''; and
       (6) in section 602 (22 U.S.C. 3282)--
       (A) in subsection (c), by striking ``the Arms Control and 
     Disarmament Agency,''; and
       (B) in subsection (e), by striking ``and the Director''.
       (f) State Department Basic Authorities Act of 1956.--
     Section 23(a) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2695(a)) is amended by striking ``the 
     Agency for International Development, and the Arms Control 
     and Disarmament Agency'' and inserting ``and the Agency for 
     International Development''.
       (g) Foreign Relations Authorization Act of 1972.--Section 
     502 of the Foreign Relations Authorization Act of 1972 (2 
     U.S.C. 194a) is amended by striking ``the United States Arms 
     Control and Disarmament Agency,''.
       (h) Title 49.--Section 40118(d) of title 49, United States 
     Code, is amended by striking ``, or the Director of the Arms 
     Control and Disarmament Agency''.

              TITLE XIII--UNITED STATES INFORMATION AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1301. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the earlier of--
       (1) October 1, 1999; or
       (2) the date of abolition of the United States Information 
     Agency pursuant to the reorganization plan described in 
     section 1601.

[[Page H11253]]

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

     SEC. 1311. ABOLITION OF UNITED STATES INFORMATION AGENCY.

       The United States Information Agency (other than the 
     Broadcasting Board of Governors and the International 
     Broadcasting Bureau) is abolished.

     SEC. 1312. TRANSFER OF FUNCTIONS.

       (a) In General.--There are transferred to the Secretary of 
     State all functions of the Director of the United States 
     Information Agency and all functions of the United States 
     Information Agency and any office or component of such 
     agency, under any statute, reorganization plan, Executive 
     order, or other provision of law, as of the day before the 
     effective date of this title.
       (b) Exception.--Subsection (a) does not apply to the 
     Broadcasting Board of Governors, the International 
     Broadcasting Bureau, or any function performed by the Board 
     or the Bureau.

     SEC. 1313. UNDER SECRETARY OF STATE FOR PUBLIC DIPLOMACY.

       Section 1(b) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2651a(b)), as amended by this division, is 
     further amended by adding at the end the following new 
     paragraph:
       ``(3) Under secretary for public diplomacy.--There shall be 
     in the Department of State, among the Under Secretaries 
     authorized by paragraph (1), an Under Secretary for Public 
     Diplomacy, who shall have primary responsibility to assist 
     the Secretary and the Deputy Secretary in the formation and 
     implementation of United States public diplomacy policies and 
     activities, including international educational and cultural 
     exchange programs, information, and international 
     broadcasting.''.

     SEC. 1314. ABOLITION OF OFFICE OF INSPECTOR GENERAL OF UNITED 
                   STATES INFORMATION AGENCY AND TRANSFER OF 
                   FUNCTIONS.

       (a) Abolition of Office.--The Office of Inspector General 
     of the United States Information Agency is abolished.
       (b) Amendments to Inspector General Act of 1978.--Section 
     11 of the Inspector General Act of 1978 (5 U.S.C. App.) is 
     amended--
       (1) in paragraph (1), by striking ``the Office of Personnel 
     Management, the United States Information Agency'' and 
     inserting ``or the Office of Personnel Management''; and
       (2) in paragraph (2), by striking ``the United States 
     Information Agency,''.
       (c) Executive Schedule.--Section 5315 of title 5, United 
     States Code, is amended by striking the following:
       ``Inspector General, United States Information Agency.''.
       (d) Amendments to Public Law 103-236.--Subsections (i) and 
     (j) of section 308 of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6207 (i) and (j)) are 
     amended--
       (1) by striking ``Inspector General of the United States 
     Information Agency'' each place it appears and inserting 
     ``Inspector General of the Department of State and the 
     Foreign Service''; and
       (2) by striking ``, the Director of the United States 
     Information Agency,''.
       (e) Transfer of Functions.--There are transferred to the 
     Office of the Inspector General of the Department of State 
     and the Foreign Service the functions that the Office of 
     Inspector General of the United States Information Agency 
     exercised before the effective date of this title (including 
     all related functions of the Inspector General of the United 
     States Information Agency).

                 CHAPTER 3--INTERNATIONAL BROADCASTING

     SEC. 1321. CONGRESSIONAL FINDINGS AND DECLARATION OF PURPOSE.

       Congress finds that--
       (1) it is the policy of the United States to promote the 
     right of freedom of opinion and expression, including the 
     freedom ``to seek, receive, and impart information and ideas 
     through any media and regardless of frontiers'', in 
     accordance with Article 19 of the Universal Declaration of 
     Human Rights;
       (2) open communication of information and ideas among the 
     peoples of the world contributes to international peace and 
     stability, and the promotion of such communication is in the 
     interests of the United States;
       (3) it is in the interest of the United States to support 
     broadcasting to other nations consistent with the 
     requirements of this chapter and the United States 
     International Broadcasting Act of 1994; and
       (4) international broadcasting is, and should remain, an 
     essential instrument of United States foreign policy.

     SEC. 1322. CONTINUED EXISTENCE OF BROADCASTING BOARD OF 
                   GOVERNORS.

       Section 304(a) of the United States International 
     Broadcasting Act of 1994 (22 U.S.C. 6203(a)) is amended to 
     read as follows:
       ``(a) Continued Existence Within Executive Branch.--
       ``(1) In general.--The Broadcasting Board of Governors 
     shall continue to exist within the Executive branch of 
     Government as an entity described in section 104 of title 5, 
     United States Code.
       ``(2) Retention of existing board members.--The members of 
     the Broadcasting Board of Governors appointed by the 
     President pursuant to subsection (b)(1)(A) before the 
     effective date of title XIII of the Foreign Affairs Agencies 
     Consolidation Act of 1998 and holding office as of that date 
     may serve the remainder of their terms of office without 
     reappointment.
       ``(3) Inspector general authorities.--
       ``(A) In general.--The Inspector General of the Department 
     of State and the Foreign Service shall exercise the same 
     authorities with respect to the Broadcasting Board of 
     Governors and the International Broadcasting Bureau as the 
     Inspector General exercises under the Inspector General Act 
     of 1978 and section 209 of the Foreign Service Act of 1980 
     with respect to the Department of State.
       ``(B) Respect for journalistic integrity of broadcasters.--
     The Inspector General shall respect the journalistic 
     integrity of all the broadcasters covered by this title and 
     may not evaluate the philosophical or political perspectives 
     reflected in the content of broadcasts.''.

     SEC. 1323. CONFORMING AMENDMENTS TO THE UNITED STATES 
                   INTERNATIONAL BROADCASTING ACT OF 1994.

       (a) References in Section.--Whenever in this section an 
     amendment or repeal is expressed as an amendment or repeal of 
     a provision, the reference shall be deemed to be made to the 
     United States International Broadcasting Act of 1994 (22 
     U.S.C. 6201 et seq.).
       (b) Substitution of Secretary of State.--Sections 
     304(b)(1)(B), 304(b) (2) and (3), 304(c), and 304(e) (22 
     U.S.C. 6203(b)(1)(B), 6203(b) (2) and (3), 6203(c), and 
     6203(e)) are amended by striking ``Director of the United 
     States Information Agency'' each place it appears and 
     inserting ``Secretary of State''.
       (c) Substitution of Acting Secretary of State.--Section 
     304(c) (22 U.S.C. 6203(c)) is amended by striking ``acting 
     Director of the agency'' and inserting ``Acting Secretary of 
     State''.
       (d) Standards and Principles of International 
     Broadcasting.--Section 303(b) (22 U.S.C. 6202(b)) is 
     amended--
       (1) in paragraph (3), by inserting ``, including 
     editorials, broadcast by the Voice of America, which present 
     the views of the United States Government'' after 
     ``policies'';
       (2) by redesignating paragraphs (4) through (9) as 
     paragraphs (5) through (10), respectively; and
       (3) by inserting after paragraph (3) the following:
       ``(4) the capability to provide a surge capacity to support 
     United States foreign policy objectives during crises 
     abroad;'';
       (e) Authorities of the Board.--Section 305(a) (22 U.S.C. 
     6204(a)) is amended--
       (1) in paragraph (1)--
       (A) by striking ``direct and''; and
       (B) by striking ``and the Television Broadcasting to Cuba 
     Act'' and inserting ``, the Television Broadcasting to Cuba 
     Act, and Worldnet Television, except as provided in section 
     306(b)'';
       (2) in paragraph (4), by inserting ``, after consultation 
     with the Secretary of State,'' after ``annually,'';
       (3) in paragraph (9)--
       (A) by striking ``, through the Director of the United 
     States Information Agency,''; and
       (B) by adding at the end the following new sentence: ``Each 
     annual report shall place special emphasis on the assessment 
     described in paragraph (2).'';
       (4) in paragraph (12)--
       (A) by striking ``1994 and 1995'' and inserting ``1998 and 
     1999''; and
       (B) by striking ``to the Board for International 
     Broadcasting for such purposes for fiscal year 1993'' and 
     inserting ``to the Board and the International Broadcasting 
     Bureau for such purposes for fiscal year 1997''; and
       (5) by adding at the end the following new paragraphs:
       ``(15)(A) To procure temporary and intermittent personal 
     services to the same extent as is authorized by section 3109 
     of title 5, United States Code, at rates not to exceed the 
     daily equivalent of the rate provided for positions 
     classified above grade GS-15 of the General Schedule under 
     section 5108 of title 5, United States Code.
       ``(B) To allow those providing such services, while away 
     from their homes or their regular places of business, travel 
     expenses (including per diem in lieu of subsistence) as 
     authorized by section 5703 of title 5, United States Code, 
     for persons in the Government service employed 
     intermittently, while so employed.
       ``(16) To procure, pursuant to section 1535 of title 31, 
     United States Code (commonly known as the `Economy Act'), 
     such goods and services from other departments or agencies 
     for the Board and the International Broadcasting Bureau as 
     the Board determines are appropriate.
       ``(17) To utilize the provisions of titles III, IV, V, VII, 
     VIII, IX, and X of the United States Information and 
     Educational Exchange Act of 1948, and section 6 of 
     Reorganization Plan Number 2 of 1977, as in effect on the day 
     before the effective date of title XIII of the Foreign 
     Affairs Agencies Consolidation Act of 1998, to the extent the 
     Board considers necessary in carrying out the provisions and 
     purposes of this title.
       ``(18) To utilize the authorities of any other statute, 
     reorganization plan, Executive order, regulation, agreement, 
     determination, or other official document or proceeding that 
     had been available to the Director of the United States 
     Information Agency, the Bureau, or the Board before the 
     effective date of title XIII of the Foreign Affairs 
     Consolidation Act of 1998 for carrying out the broadcasting 
     activities covered by this title.''.
       (f) Delegation of Authority.--Section 305 (22 U.S.C. 6204) 
     is amended--
       (1) by redesignating subsections (b), (c), and (d) as 
     subsections (c), (d), and (e), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Delegation of Authority.--The Board may delegate to 
     the Director of the International Broadcasting Bureau, or any 
     other officer or employee of the United States, to the extent 
     the Board determines to be appropriate, the authorities 
     provided in this section, except those authorities provided 
     in paragraph (1), (2), (3), (4), (5), (6), (9), or (11) of 
     subsection (a).''.
       (g) Broadcasting Budgets.--Section 305(c)(1) (as 
     redesignated) is amended--
       (1) by striking ``(1)'' before ``The Director''; and
       (2) by striking ``the Director of the United States 
     Information Agency for the consideration

[[Page H11254]]

     of the Director as a part of the Agency's budget submission 
     to''.
       (h) Repeal.--Section 305(c)(2) (as redesignated) is 
     repealed.
       (i) Implementation.--Section 305(d) (as redesignated) is 
     amended to read as follows:
       ``(d) Professional Independence of Broadcasters.--The 
     Secretary of State and the Board, in carrying out their 
     functions, shall respect the professional independence and 
     integrity of the International Broadcasting Bureau, its 
     broadcasting services, and the grantees of the Board.''.
       (j) Foreign Policy Guidance.--Section 306 (22 U.S.C. 6205) 
     is amended--
       (1) in the section heading, by striking ``FOREIGN POLICY 
     GUIDANCE'' and inserting ``ROLE OF THE SECRETARY OF STATE'';
       (2) by inserting ``(a) Foreign Policy Guidance.--'' 
     immediately before ``To'';
       (3) by striking ``State, acting through the Director of the 
     United States Information Agency,'' and inserting ``State'';
       (4) by inserting before the period at the end the 
     following: ``, as the Secretary may deem appropriate''; and
       (5) by adding at the end the following:
       ``(b) Certain Worldnet Programming.--The Secretary of State 
     is authorized to use Worldnet broadcasts for the purposes of 
     continuing interactive dialogues with foreign media and other 
     similar overseas public diplomacy programs sponsored by the 
     Department of State. The Chairman of the Broadcasting Board 
     of Governors shall provide access to Worldnet for this 
     purpose on a nonreimbursable basis.''.
       (k) International Broadcasting Bureau.--Section 307 (22 
     U.S.C. 6206) is amended--
       (1) in subsection (a), by striking ``within the United 
     States Information Agency'' and inserting ``under the 
     Board'';
       (2) in subsection (b)(1), by striking ``Chairman of the 
     Board, in consultation with the Director of the United States 
     Information Agency and with the concurrence of a majority of 
     the Board'' and inserting ``President, by and with the advice 
     and consent of the Senate'';
       (3) by redesignating subsection (b)(1) as subsection (b);
       (4) by striking subsection (b)(2); and
       (5) by adding at the end the following new subsection:
       ``(c) Responsibilities of the Director.--The Director shall 
     organize and chair a coordinating committee to examine and 
     make recommendations to the Board on long-term strategies for 
     the future of international broadcasting, including the use 
     of new technologies, further consolidation of broadcast 
     services, and consolidation of currently existing public 
     affairs and legislative relations functions in the various 
     international broadcasting entities. The coordinating 
     committee shall include representatives of Radio Free Asia, 
     RFE/RL, Incorporated, the Broadcasting Board of Governors, 
     and, as appropriate, the Office of Cuba Broadcasting, the 
     Voice of America, and Worldnet.''.
       (l) Repeals.--The following provisions of law are repealed:
       (1) Subsections (k) and (l) of section 308 (22 U.S.C. 6207 
     (k), (l)).
       (2) Section 310 (22 U.S.C. 6209).

     SEC. 1324. AMENDMENTS TO THE RADIO BROADCASTING TO CUBA ACT.

       The Radio Broadcasting to Cuba Act (22 U.S.C. 1465 et seq.) 
     is amended--
       (1) by striking ``United States Information Agency'' each 
     place it appears and inserting ``Broadcasting Board of 
     Governors'';
       (2) by striking ``Agency'' each place it appears and 
     inserting ``Board'';
       (3) by striking ``the Director of the United States 
     Information Agency'' each place it appears and inserting 
     ``the Broadcasting Board of Governors'';
       (4) in section 4 (22 U.S.C. 1465b), by striking ``the Voice 
     of America'' and inserting ``the International Broadcasting 
     Bureau'';
       (5) in section 5 (22 U.S.C. 1465c)--
       (A) by striking ``Board'' each place it appears and 
     inserting ``Advisory Board''; and
       (B) in subsection (a), by striking the first sentence and 
     inserting ``There is established within the Office of the 
     President the Advisory Board for Cuba Broadcasting (in this 
     division referred to as the `Advisory Board').''; and
       (6) by striking any other reference to ``Director'' not 
     amended by paragraph (3) each place it appears and inserting 
     ``Board''.

     SEC. 1325. AMENDMENTS TO THE TELEVISION BROADCASTING TO CUBA 
                   ACT.

       The Television Broadcasting to Cuba Act (22 U.S.C. 1465aa 
     et seq.) is amended--
       (1) in section 243(a) (22 U.S.C. 1465bb(a)) and section 246 
     (22 U.S.C. 1465dd), by striking ``United States Information 
     Agency'' each place it appears and inserting ``Broadcasting 
     Board of Governors'';
       (2) in section 243(c) (22 U.S.C. 1465bb(c))--
       (A) in the subsection heading, by striking ``USIA''; and
       (B) by striking `` `USIA Television'' and inserting ``the 
     `Television'';
       (3) in section 244(c) (22 U.S.C. 1465cc(c)) and section 246 
     (22 U.S.C. 1465dd), by striking ``Agency'' each place it 
     appears and inserting ``Board'';
       (4) in section 244 (22 U.S.C. 1465cc)--
       (A) in the section heading, by striking ``OF THE UNITED 
     STATES INFORMATION AGENCY'';
       (B) in subsection (a)--
       (i) in the first sentence, by striking ``The Director of 
     the United States Information Agency shall establish'' and 
     inserting ``There is''; and
       (ii) in the second sentence--

     (I) by striking ``Director of the United States Information 
     Agency'' and inserting ``Broadcasting Board of Governors''; 
     and
     (II) by striking ``the Director of the Voice of America'' and 
     inserting ``the International Broadcasting Bureau'';

       (C) in subsection (b)--
       (i) by striking ``Agency facilities'' and inserting ``Board 
     facilities''; and
       (ii) by striking ``Information Agency'' and inserting 
     ``International''; and
       (D) in the heading of subsection (c), by striking ``USIA''; 
     and
       (5) in section 245(d) (22 U.S.C. 1465c note), by striking 
     ``Board'' and inserting ``Advisory Board''.

     SEC. 1326. TRANSFER OF BROADCASTING RELATED FUNDS, PROPERTY, 
                   AND PERSONNEL.

       (a) Transfer and Allocation of Property and 
     Appropriations.--
       (1) In general.--The assets, liabilities (including 
     contingent liabilities arising from suits continued with a 
     substitution or addition of parties under section 1327(d)), 
     contracts, property, records, and unexpended balance of 
     appropriations, authorizations, allocations, and other funds 
     employed, held, used, arising from, available to, or to be 
     made available in connection with the functions and offices 
     of USIA transferred to the Broadcasting Board of Governors by 
     this chapter shall be transferred to the Broadcasting Board 
     of Governors for appropriate allocation.
       (2) Additional transfers.--In addition to the transfers 
     made under paragraph (1), there shall be transferred to the 
     Chairman of the Broadcasting Board of Governors the assets, 
     contracts, property, records, and unexpended balance of 
     appropriations, authorizations, allocations, and other funds, 
     as determined by the Secretary, in concurrence with the 
     Broadcasting Board of Governors, to support the functions 
     transferred by this chapter.
       (b) Transfer of Personnel.--Notwithstanding any other 
     provision of law--
       (1) except as provided in subsection (c), all personnel and 
     positions of USIA employed or maintained to carry out the 
     functions transferred by this chapter to the Broadcasting 
     Board of Governors shall be transferred to the Broadcasting 
     Board of Governors at the same grade or class and the same 
     rate of basic pay or basic salary rate and with the same 
     tenure held immediately preceding transfer; and
       (2) the personnel and positions of USIA, as determined by 
     the Secretary of State, with the concurrence of the 
     Broadcasting Board of Governors and the Director of USIA, to 
     support the functions transferred by this chapter shall be 
     transferred to the Broadcasting Board of Governors, including 
     the International Broadcasting Bureau, at the same grade or 
     class and the same rate of basic pay or basic salary rate and 
     with the same tenure held immediately preceding transfer.
       (c) Transfer and Allocation of Property, Appropriations, 
     and Personnel Associated With Worldnet.--USIA personnel 
     responsible for carrying out interactive dialogs with foreign 
     media and other similar overseas public diplomacy programs 
     using the Worldnet television broadcasting system, and funds 
     associated with such personnel, shall be transferred to the 
     Department of State in accordance with the provisions of 
     title XVI of this subdivision.
       (d) Incidental Transfers.--The Director of the Office of 
     Management and Budget, when requested by the Broadcasting 
     Board of Governors, is authorized to make such incidental 
     dispositions of personnel, assets, liabilities, grants, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     held, used, arising from, available to, or to be made 
     available in connection with functions and 
     offices transferred from USIA, as may be necessary to 
     carry out the provisions of this section.

     SEC. 1327. SAVINGS PROVISIONS.

       (a) Continuing Legal Force and Effect.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions exercised by the Broadcasting 
     Board of Governors of the United States Information Agency on 
     the day before the effective date of this title, and
       (2) that are in effect at the time this title takes effect, 
     or were final before the effective date of this title and are 
     to become effective on or after the effective date of this 
     title,
     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Broadcasting Board 
     of Governors, or other authorized official, a court of 
     competent jurisdiction, or by operation of law.
       (b) Pending Proceedings.--
       (1) In general.--The provisions of this chapter, or 
     amendments made by this chapter, shall not affect any 
     proceedings, including notices of proposed rulemaking, or any 
     application for any license, permit, certificate, or 
     financial assistance pending before the Broadcasting Board of 
     Governors of the United States Information Agency at the time 
     this title takes effect, with respect to functions exercised 
     by the Board as of the effective date of this title but such 
     proceedings and applications shall be continued.
       (2) Orders, appeals, and payments.--Orders shall be issued 
     in such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     chapter had not been enacted, and orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by a duly authorized 
     official, by a court of competent jurisdiction, or by 
     operation of law.
       (3) Statutory construction.--Nothing in this subsection 
     shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions

[[Page H11255]]

     and to the same extent that such proceeding could have been 
     discontinued or modified if this chapter had not been 
     enacted.
       (c) Nonabatement of Proceedings.--No suit, action, or other 
     proceeding commenced by or against any officer in the 
     official capacity of such individual as an officer of the 
     Broadcasting Board of Governors, or any commission or 
     component thereof, shall abate by reason of the enactment of 
     this chapter. No cause of action by or against the 
     Broadcasting Board of Governors, or any commission or 
     component thereof, or by or against any officer thereof in 
     the official capacity of such officer, shall abate by reason 
     of the enactment of this chapter.
       (d) Continuation of Proceedings With Substitution of 
     Parties.--
       (1) Substitution of parties.--If, before the effective date 
     of this title, USIA or the Broadcasting Board of Governors, 
     or any officer thereof in the official capacity of such 
     officer, is a party to a suit which is related to the 
     functions transferred by this chapter, then effective on such 
     date such suit shall be continued with the Broadcasting Board 
     of Governors or other appropriate official of the Board 
     substituted or added as a party.
       (2) Liability of the board.--The Board shall participate in 
     suits continued under paragraph (1) where the Broadcasting 
     Board of Governors or other appropriate official of the Board 
     is added as a party and shall be liable for any judgments or 
     remedies in those suits or proceedings arising from the 
     exercise of the functions transferred by this chapter to the 
     same extent that USIA would have been liable if such judgment 
     or remedy had been rendered on the day before the abolition 
     of USIA.
       (e) Administrative Actions Relating to Promulgation of 
     Regulations.--Any administrative action relating to the 
     preparation or promulgation of a regulation by the 
     Broadcasting Board of Governors relating to a function 
     exercised by the Board before the effective date of this 
     title may be continued by the Board with the same effect as 
     if this chapter had not been enacted.
       (f) References.--Reference in any other Federal law, 
     Executive order, rule, regulation, or delegation of 
     authority, or any document of or relating to the Broadcasting 
     Board of Governors of the United States Information Agency 
     with regard to functions exercised before the effective date 
     of this title, shall be deemed to refer to the Board.

     SEC. 1328. REPORT ON THE PRIVATIZATION OF RFE/RL, 
                   INCORPORATED.

       Not later than March 1 of each year, the Broadcasting Board 
     of Governors shall submit to the appropriate congressional 
     committees a report on the progress of the Board and of RFE/
     RL, Incorporated, on any steps taken to further the policy 
     declared in section 312(a) of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995. The report 
     under this subsection shall include the following:
       (1) Efforts by RFE/RL, Incorporated, to terminate 
     individual language services.
       (2) A detailed description of steps taken with regard to 
     section 312(a) of that Act.
       (3) An analysis of prospects for privatization over the 
     coming year.
       (4) An assessment of the extent to which United States 
     Government funding may be appropriate in the year 2000 and 
     subsequent years for surrogate broadcasting to the countries 
     to which RFE/RL, Incorporated, broadcast during the year. 
     This assessment shall include an analysis of the environment 
     for independent media in those countries, noting the extent 
     of government control of the media, the ability of 
     independent journalists and news organizations to operate, 
     relevant domestic legislation, level of government harassment 
     and efforts to censor, and other indications of whether the 
     people of such countries enjoy freedom of expression.

                    CHAPTER 4--CONFORMING AMENDMENTS

     SEC. 1331. REFERENCES.

       (a) In General.--Except as otherwise provided in this 
     subdivision, any reference in any statute, reorganization 
     plan, Executive order, regulation, agreement, determination, 
     or other official document or proceeding to--
       (1) the Director of the United States Information Agency or 
     the Director of the International Communication Agency shall 
     be deemed to refer to the Secretary of State; and
       (2) the United States Information Agency, USIA, or the 
     International Communication Agency shall be deemed to refer 
     to the Department of State.
       (b) Continuing References to USIA or Director.--Subsection 
     (a) shall not apply to section 146 (a), (b), or (c) of the 
     Foreign Relations Authorization Act, Fiscal Years 1990 and 
     1991 (22 U.S.C. 4069a(f), 4069b(g), or 4069c(f)).

     SEC. 1332. AMENDMENTS TO TITLE 5, UNITED STATES CODE.

       Title 5, United States Code, is amended--
       (1) in section 5313, by striking ``Director of the United 
     States Information Agency.'';
       (2) in section 5315--
       (A) by striking ``Deputy Director of the United States 
     Information Agency.''; and
       (B) by striking ``Director of the International 
     Broadcasting Bureau, the United States Information Agency.'' 
     and inserting ``Director of the International Broadcasting 
     Bureau.''; and
       (3) in section 5316--
       (A) by striking ``Deputy Director, Policy and Plans, United 
     States Information Agency.''; and
       (B) by striking ``Associate Director (Policy and Plans), 
     United States Information Agency.''.

     SEC. 1333. APPLICATION OF CERTAIN LAWS.

       (a) Application to Functions of Department of State.--
     Section 501 of Public Law 80-402 (22 U.S.C. 1461), section 
     202 of Public Law 95-426 (22 U.S.C. 1461-1), and section 208 
     of Public Law 99-93 (22 U.S.C. 1461-1a) shall not apply to 
     public affairs and other information dissemination functions 
     of the Secretary of State as carried out prior to any 
     transfer of functions pursuant to this subdivision.
       (b) Application to Functions Transferred to Department of 
     State.--Section 501 of Public Law 80-402 (22 U.S.C. 1461), 
     section 202 of Public Law 95-426 (22 U.S.C. 1461-1), and 
     section 208 of Public Law 99-93 (22 U.S.C. 1461-1a) shall 
     apply only to public diplomacy programs of the Director of 
     the United States Information Agency as carried out prior to 
     any transfer of functions pursuant to this subdivision to the 
     same extent that such programs were covered by these 
     provisions prior to such transfer.
       (c) Limitation on Use of Funds.--Except as provided in 
     section 501 of Public Law 80-402 and section 208 of Public 
     Law 99-93, funds specifically authorized to be appropriated 
     for such public diplomacy programs shall not be used to 
     influence public opinion in the United States, and no program 
     material prepared using such funds shall be distributed or 
     disseminated in the United States.
       (d) Reporting Requirements.--The report submitted pursuant 
     to section 1601(f) of this subdivision shall include a 
     detailed statement of the manner in which the special mission 
     of public diplomacy carried out by USIA prior to the transfer 
     of functions under this subdivision shall be preserved within 
     the Department of State, including the planned duties and 
     responsibilities of any new bureaus that will perform such 
     public diplomacy functions. Such report shall also include 
     the best available estimates of--
       (1) the amounts expended by the Department of State for 
     public affairs programs during fiscal year 1998, and on the 
     personnel and support costs for such programs;
       (2) the amounts expended by USIA for its public diplomacy 
     programs during fiscal year 1998, and on the personnel and 
     support costs for such programs; and
       (3) the amounts, including funds to be transferred from 
     USIA and funds appropriated to the Department, that will be 
     allocated for the programs described in paragraphs (1) and 
     (2), respectively, during the fiscal year in which the 
     transfer of functions from USIA to the Department occurs.
       (e) Congressional Presentation Document.--The Department of 
     State's Congressional Presentation Document for fiscal year 
     2000 and each fiscal year thereafter shall include--
       (1) the aggregated amounts that the Department will spend 
     on such public diplomacy programs and on costs of personnel 
     for such programs, and a detailed description of the goals 
     and purposes for which such funds shall be expended; and
       (2) the amount of funds allocated to and the positions 
     authorized for such public diplomacy programs, including 
     bureaus to be created upon the transfer of functions from 
     USIA to the Department.

     SEC. 1334. ABOLITION OF UNITED STATES ADVISORY COMMISSION ON 
                   PUBLIC DIPLOMACY.

       (a) Abolition.--The United States Advisory Commission on 
     Public Diplomacy is abolished.
       (b) Repeals.--Section 604 of the United States Information 
     and Educational Exchange Act of 1948 (22 U.S.C. 1469) and 
     section 8 of Reorganization Plan Numbered 2 of 1977 are 
     repealed.

     SEC. 1335. CONFORMING AMENDMENTS.

       (a) The United States Information and Educational Exchange 
     Act of 1948 (22 U.S.C. 1431 et seq.) is amended--
       (1) in section 505 (22 U.S.C. 1464a)--
       (A) by striking ``Director of the United States Information 
     Agency'' each place it appears and inserting ``Broadcasting 
     Board of Governors'';
       (B) by striking ``United States Information Agency'' each 
     place it appears and inserting ``Broadcasting Board of 
     Governors'';
       (C) in subsection (b)--
       (i) by striking ``Agency's'' and all that follows through 
     `` `USIA-TV')'' and inserting ``television broadcasts of the 
     United States International Television Service''; and
       (ii) in paragraphs (1), (2), and (3), by striking ``USIA-
     TV'' each place it appears and inserting ``The United States 
     International Television Service''; and
       (D) in subsections (d) and (e), by striking ``USIA-TV'' 
     each place it appears and inserting ``the United States 
     International Television Service'';
       (2) in section 506(c) (22 U.S.C. 1464b(c))--
       (A) by striking ``Director of the United States Information 
     Agency'' and inserting ``Broadcasting Board of Governors'';
       (B) by striking ``Agency'' and inserting ``Board''; and
       (C) by striking ``Director'' and inserting ``Board'';
       (3) in section 705 (22 U.S.C 1477c)--
       (A) by striking subsections (a) and (c); and
       (B) in subsection (b)--
       (i) by striking ``(b) In addition, the United States 
     Information Agency'' and inserting ``The Department of 
     State''; and
       (ii) by striking ``program grants'' and inserting ``grants 
     for overseas public diplomacy programs'';
       (4) in section 801(7) (22 U.S.C. 1471(7))--
       (A) by striking ``Agency'' and inserting ``overseas public 
     diplomacy''; and
       (B) by inserting ``other'' after ``together with''; and
       (5) in section 812 (22 U.S.C. 1475g)--
       (A) by striking ``United States Information Agency post'' 
     each place it appears and inserting ``overseas public 
     diplomacy post'';
       (B) in subsection (a), by striking ``United States 
     Information Agency'' the first place it appears and inserting 
     ``Department of State'';
       (C) in subsection (b), by striking ``Director of the United 
     States Information Agency'' and inserting ``Secretary of 
     State''; and

[[Page H11256]]

       (D) in the section heading, by striking ``USIA'' and 
     inserting ``OVERSEAS PUBLIC DIPLOMACY''.
       (b) Section 212 of the Foreign Relations Authorization Act, 
     Fiscal Years 1992 and 1993 (22 U.S.C. 1475h) is amended--
       (1) by striking ``United States Information Agency'' each 
     place it appears and inserting ``Department of State'';
       (2) in subsection (a), by inserting ``for carrying out its 
     overseas public diplomacy functions'' after ``grants'';
       (3) in subsection (b)--
       (A) by striking ``a grant'' the first time it appears and 
     inserting ``an overseas public diplomacy grant''; and
       (B) in paragraph (1), by inserting ``such'' before ``a 
     grant'' the first place it appears;
       (4) in subsection (c)(1), by inserting ``overseas public 
     diplomacy'' before ``grants'';
       (5) in subsection (c)(3), by inserting ``such'' before 
     ``grant''; and
       (6) by striking subsection (d).
       (c) Section 602 of the National and Community Service Act 
     of 1990 (22 U.S.C. 2452a) is amended--
       (1) in the second sentence of subsection (a), by striking 
     ``United States Information Agency'' and inserting 
     ``Department of State''; and
       (2) in subsection (b)--
       (A) by striking ``appropriations account of the United 
     States Information Agency'' and inserting ``appropriate 
     appropriations account of the Department of State''; and
       (B) by striking ``and the United States Information 
     Agency''.
       (d) Section 305 of Public Law 97-446 (19 U.S.C. 2604) is 
     amended in the first sentence, by striking ``, after 
     consultation with the Director of the United States 
     Information Agency,''.
       (e) Section 601 of Public Law 103-227 (20 U.S.C. 5951(a)) 
     is amended by striking ``of the Director of the United States 
     Information Agency and with'' and inserting ``and''.
       (f) Section 1003(b) of the Fascell Fellowship Act (22 
     U.S.C. 4902(b)) is amended--
       (1) in the text above paragraph (1), by striking ``9 
     members'' and inserting ``7 members'';
       (2) in paragraph (4), by striking ``Six'' and inserting 
     ``Five'';
       (3) by striking paragraph (3); and
       (4) by redesignating paragraph (4) as paragraph (3).
       (g) Section 803 of the Intelligence Authorization Act, 
     Fiscal Year 1992 (50 U.S.C. 1903) is amended--
       (1) in subsection (b)--
       (A) by striking paragraph (6); and
       (B) by redesignating paragraphs (7) and (8) as paragraphs 
     (6) and (7), respectively; and
       (2) in subsection (c), by striking ``subsection (b)(7)'' 
     and inserting ``subsection (b)(6)''.
       (h) Section 7 of the Federal Triangle Development Act (40 
     U.S.C. 1106) is amended--
       (1) in subsection (c)(1)--
       (A) in the text above subparagraph (A), by striking ``15 
     members'' and inserting ``14 members'';
       (B) by striking subparagraph (F); and
       (C) by redesignating subparagraphs (G) through (J) as 
     subparagraphs (F) through (I), respectively;
       (2) in paragraphs (3) and (5) of subsection (c), by 
     striking ``paragraph (1)(J)'' each place it appears and 
     inserting ``paragraph (1)(I)''; and
       (3) in subsection (d)(3) and subsection (e), by striking 
     ``the Administrator and the Director of the United States 
     Information Agency'' each place it appears and inserting 
     ``and the Administrator''.
       (i) Section 3 of the Woodrow Wilson Memorial Act of 1968 
     (Public Law 90-637; 20 U.S.C. 80f) is amended--
       (1) in subsection (b)--
       (A) in the text preceding paragraph (1), by striking ``19 
     members'' and inserting ``17 members'';
       (B) by striking paragraph (7);
       (C) by striking ``10'' in paragraph (10) and inserting 
     ``9''; and
       (D) by redesignating paragraphs (8) through (10) as 
     paragraphs (7) through (9), respectively; and
       (2) in subsection (c), by striking ``(9)'' and inserting 
     ``(8)''.
       (j) Section 624 of Public Law 89-329 (20 U.S.C. 1131c) is 
     amended by striking ``the United States Information 
     Agency,''.
       (k) The Foreign Service Act of 1980 (22 U.S.C. 3901 et 
     seq.) is amended--
       (1) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by 
     striking ``Director of the United States Information Agency'' 
     and inserting ``Broadcasting Board of Governors'';
       (2) in section 210 (22 U.S.C. 3930), by striking ``United 
     States Information Agency'' and inserting ``Broadcasting 
     Board of Governors'';
       (3) in section 1003(a) (22 U.S.C. 4103(a)), by striking 
     ``United States Information Agency'' and inserting 
     ``Broadcasting Board of Governors''; and
       (4) in section 1101(c) (22 U.S.C. 4131(c)), by striking 
     ``the United States Information Agency,'' and inserting 
     ``Broadcasting Board of Governors,''.
       (l) The State Department Authorities Act of 1956, as 
     amended by this division, is further amended--
       (1) in section 23(a) (22 U.S.C. 2695(a)), by striking 
     ``United States Information Agency'' and inserting 
     ``Broadcasting Board of Governors'';
       (2) in section 25(f) (22 U.S.C. 2697(f))--
       (A) by striking ``Director of the United States Information 
     Agency'' and inserting ``Broadcasting Board of Governors''; 
     and
       (B) by striking ``with respect to their respective 
     agencies'' and inserting ``with respect to the Board and the 
     Agency'';
       (3) in section 26(b) (22 U.S.C. 2698(b)), as amended by 
     this division--
       (A) by striking ``Director of the United States Information 
     Agency, the chairman of the Board for International 
     Broadcasting,'' and inserting ``Broadcasting Board of 
     Governors,''; and
       (B) by striking ``with respect to their respective 
     agencies'' and inserting ``with respect to the Board and the 
     Agency''; and
       (4) in section 32 (22 U.S.C. 2704), as amended by this 
     division, by striking ``the Director of the United States 
     Information Agency'' and inserting ``the Broadcasting Board 
     of Governors''.
       (m) Section 507(b)(3) of Public Law 103-317 (22 U.S.C. 
     2669a(b)(3)) is amended by striking ``, the United States 
     Information Agency,''.
       (n) Section 502 of Public Law 92-352 (2 U.S.C. 194a) is 
     amended by striking ``the United States Information 
     Agency,''.
       (o) Section 6 of Public Law 104-288 (22 U.S.C. 2141d) is 
     amended--
       (1) in subsection (a), by striking ``Director of the United 
     States Information Agency,''; and
       (2) in subsection (b), by striking ``the Director of the 
     United States Information Agency'' and inserting ``the Under 
     Secretary of State for Public Diplomacy''.
       (p) Section 40118(d) of title 49, United States Code, is 
     amended by striking ``, the Director of the United States 
     Information Agency,''.
       (q) Section 155 of Public Law 102-138 is amended--
       (1) by striking the comma before ``Department of Commerce'' 
     and inserting ``and''; and
       (2) by striking ``, and the United States Information 
     Agency''.
       (r) Section 107 of the Cuban Liberty and Democratic 
     Solidarity (LIBERTAD) Act of 1996 (22 U.S.C. 6037) is amended 
     by striking ``Director of the United States Information 
     Agency'' each place it appears and inserting ``Director of 
     the International Broadcasting Bureau''.

     SEC. 1336. REPEALS.

       The following provisions are repealed:
       (1) Sections 701 (22 U.S.C. 1476), 704 (22 U.S.C. 1477b), 
     807 (22 U.S.C 1475b), 808 (22 U.S.C 1475c), 811 (22 U.S.C 
     1475f), and 1009 (22 U.S.C. 1440) of the United States 
     Information and Educational Exchange Act of 1948.
       (2) Section 106(c) of the Mutual Educational and Cultural 
     Exchange Act of 1961 (22 U.S.C. 2456(c)).
       (3) Section 565(e) of the Anti-Economic Discrimination Act 
     of 1994 (22 U.S.C. 2679c(e)).
       (4) Section 206(b) of Public Law 102-138.
       (5) Section 2241 of Public Law 104-66.
       (6) Sections 1 through 6 of Reorganization Plan Numbered 2 
     of 1977 (91 Stat. 636).
       (7) Section 207 of the Foreign Relations Authorization Act, 
     Fiscal Years 1988 and 1989 (Public Law 100-204; 22 U.S.C. 
     1463 note).

 TITLE XIV--UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1401. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the earlier of--
       (1) April 1, 1999; or
       (2) the date of abolition of the United States 
     International Development Cooperation Agency pursuant to the 
     reorganization plan described in section 1601.

             CHAPTER 2--ABOLITION AND TRANSFER OF FUNCTIONS

     SEC. 1411. ABOLITION OF UNITED STATES INTERNATIONAL 
                   DEVELOPMENT COOPERATION AGENCY.

       (a) In General.--Except for the components specified in 
     subsection (b), the United States International Development 
     Cooperation Agency (including the Institute for Scientific 
     and Technological Cooperation) is abolished.
       (b) AID and OPIC Exempted.--Subsection (a) does not apply 
     to the Agency for International Development or the Overseas 
     Private Investment Corporation.

     SEC. 1412. TRANSFER OF FUNCTIONS AND AUTHORITIES.

       (a) Allocation of Funds.--
       (1) Allocation to the secretary of state.--Funds made 
     available under the categories of assistance deemed allocated 
     to the Director of the International Development Cooperation 
     Agency under section 1-801 of Executive Order No. 12163 (22 
     U.S.C. 2381 note) as of October 1, 1997, shall be allocated 
     to the Secretary of State on and after the effective date of 
     this title without further action by the President.
       (2) Procedures for reallocations or transfers.--The 
     Secretary of State may allocate or transfer as appropriate 
     any funds received under paragraph (1) in the same manner as 
     previously provided for the Director of the International 
     Development Cooperation Agency under section 1-802 of that 
     Executive Order, as in effect on October 1, 1997.
       (b) With Respect to the Overseas Private Investment 
     Corporation.--There are transferred to the Administrator of 
     the Agency for International Development all functions of the 
     Director of the United States International Development 
     Cooperation Agency as of the day before the effective date of 
     this title with respect to the Overseas Private Investment 
     Corporation.
       (c) Other Activities.--The authorities and functions 
     transferred to the United States International Development 
     Cooperation Agency or the Director of that Agency by section 
     6 of Reorganization Plan Numbered 2 of 1979 shall, to the 
     extent such authorities and functions have not been repealed, 
     be transferred to those agencies or heads of agencies, as the 
     case may be, in which those authorities and functions were 
     vested by statute as of the day before the effective date of 
     such reorganization plan.

     SEC. 1413. STATUS OF AID.

       (a) In General.--Unless abolished pursuant to the 
     reorganization plan submitted under section 1601, and except 
     as provided in section 1412, there is within the Executive 
     branch of Government the United States Agency for 
     International

[[Page H11257]]

     Development as an entity described in section 104 of title 5, 
     United States Code.
       (b) Retention of Officers.--Nothing in this section shall 
     require the reappointment of any officer of the United States 
     serving in the Agency for International Development of the 
     United States International Development Cooperation Agency as 
     of the day before the effective date of this title.

                    CHAPTER 3--CONFORMING AMENDMENTS

     SEC. 1421. REFERENCES.

       Except as otherwise provided in this subdivision, any 
     reference in any statute, reorganization plan, Executive 
     order, regulation, agreement, determination, or other 
     official document or proceeding to the United States 
     International Development Cooperation Agency (IDCA) or to the 
     Director or any other officer or employee of IDCA--
       (1) insofar as such reference relates to any function or 
     authority transferred under section 1412(a), shall be deemed 
     to refer to the Secretary of State;
       (2) insofar as such reference relates to any function or 
     authority transferred under section 1412(b), shall be deemed 
     to refer to the Administrator of the Agency for International 
     Development;
       (3) insofar as such reference relates to any function or 
     authority transferred under section 1412(c), shall be deemed 
     to refer to the head of the agency to which such function or 
     authority is transferred under such section; and
       (4) insofar as such reference relates to any function or 
     authority not transferred by this title, shall be deemed to 
     refer to the President or such agency or agencies as may be 
     specified by Executive order.

     SEC. 1422. CONFORMING AMENDMENTS.

       (a) Termination of Reorganization Plans and Delegations.--
     The following shall cease to be effective:
       (1) Reorganization Plan Numbered 2 of 1979 (5 U.S.C. App.).
       (2) Section 1-101 through 1-103, sections 1-401 through 1-
     403, section 1-801(a), and such other provisions that relate 
     to the United States International Development Cooperation 
     Agency or the Director of IDCA, of Executive Order No. 12163 
     (22 U.S.C. 2381 note; relating to administration of foreign 
     assistance and related functions).
       (3) The International Development Cooperation Agency 
     Delegation of Authority Numbered 1 (44 Fed. Reg. 57521), 
     except for section 1-6 of such Delegation of Authority.
       (4) Section 3 of Executive Order No. 12884 (58 Fed. Reg. 
     64099; relating to the delegation of functions under the 
     Freedom for Russia and Emerging Eurasian Democracies and Open 
     Markets Support Act of 1992, the Foreign Assistance Act of 
     1961, the Foreign Operations, Export Financing and Related 
     Programs Appropriations Act, 1993, and section 301 of title 
     3, United States Code).
       (b) Other Statutory Amendments and Repeal.--
       (1) Title 5.--Section 7103(a)(2)(B)(iv) of title 5, United 
     States Code, is amended by striking ``United States 
     International Development Cooperation Agency'' and inserting 
     ``Agency for International Development''.
       (2) Inspector general act of 1978.--Section 8A of the 
     Inspector General Act of 1978 (5 U.S.C. App. 3) is amended--
       (A) in subsection (a)--
       (i) by striking ``Development'' through ``(1) shall'' and 
     inserting ``Development shall'';
       (ii) by striking ``; and'' at the end of subsection (a)(1) 
     and inserting a period; and
       (iii) by striking paragraph (2);
       (B) by striking subsections (c) and (f); and
       (C) by redesignating subsections (d), (e), (g), and (h) as 
     subsections (c), (d), (e), and (f), respectively.
       (3) State department basic authorities act of 1956.--The 
     State Department Basic Authorities Act of 1956 is amended--
       (A) in section 25(f) (22 U.S.C. 2697(f)), as amended by 
     this division, by striking ``Director of the United States 
     International Development Cooperation Agency'' and inserting 
     ``Administrator of the Agency for International 
     Development'';
       (B) in section 26(b) (22 U.S.C. 2698(b)), as amended by 
     this division Act, by striking ``Director of the United 
     States International Development Cooperation Agency'' and 
     inserting ``Administrator of the Agency for International 
     Development''; and
       (C) in section 32 (22 U.S.C. 2704), by striking ``Director 
     of the United States International Development Cooperation 
     Agency'' and inserting ``Administrator of the Agency for 
     International Development''.
       (4) Foreign service act of 1980.--The Foreign Service Act 
     of 1980 is amended--
       (A) in section 202(a)(1) (22 U.S.C. 3922(a)(1)), by 
     striking ``Director of the United States International 
     Development Cooperation Agency'' and inserting 
     ``Administrator of the Agency for International 
     Development'';
       (B) in section 210 (22 U.S.C. 3930), by striking ``United 
     States International Development Cooperation Agency'' and 
     inserting ``Agency for International Development'';
       (C) in section 1003(a) (22 U.S.C. 4103(a)), by striking 
     ``United States International Development Cooperation 
     Agency'' and inserting ``Agency for International 
     Development''; and
       (D) in section 1101(c) (22 U.S.C. 4131(c)), by striking 
     ``United States International Development Cooperation 
     Agency'' and inserting ``Agency for International 
     Development''.
       (5) Repeal.--Section 413 of Public Law 96-53 (22 U.S.C. 
     3512) is repealed.
       (6) Title 49.--Section 40118(d) of title 49, United States 
     Code, is amended by striking ``the Director of the United 
     States International Development Cooperation Agency'' and 
     inserting ``or the Administrator of the Agency for 
     International Development''.
       (7) Export administration act of 1979.--Section 2405(g) of 
     the Export Administration Act of 1979 (50 U.S.C. App. 
     2405(g)) is amended--
       (A) by striking ``Director of the United States 
     International Development Cooperation Agency'' each place it 
     appears and inserting ``Administrator of the Agency for 
     International Development''; and
       (B) in the fourth sentence, by striking ``Director'' and 
     inserting ``Administrator''.

             TITLE XV--AGENCY FOR INTERNATIONAL DEVELOPMENT

                     CHAPTER 1--GENERAL PROVISIONS

     SEC. 1501. EFFECTIVE DATE.

       This title, and the amendments made by this title, shall 
     take effect on the earlier of--
       (1) April 1, 1999; or
       (2) the date of reorganization of the Agency for 
     International Development pursuant to the reorganization plan 
     described in section 1601.

          CHAPTER 2--REORGANIZATION AND TRANSFER OF FUNCTIONS

     SEC. 1511. REORGANIZATION OF AGENCY FOR INTERNATIONAL 
                   DEVELOPMENT.

       (a) In General.--The Agency for International Development 
     shall be reorganized in accordance with this subdivision and 
     the reorganization plan transmitted pursuant to section 1601.
       (b) Functions To Be Transferred.--The reorganization of the 
     Agency for International Development shall provide, at a 
     minimum, for the transfer to and consolidation with the 
     Department of State of the following functions of AID:
       (1) The Press office.
       (2) Certain administrative functions.

            CHAPTER 3--AUTHORITIES OF THE SECRETARY OF STATE

     SEC. 1521. DEFINITION OF UNITED STATES ASSISTANCE.

       In this chapter, the term ``United States assistance'' 
     means development and other economic assistance, including 
     assistance made available under the following provisions of 
     law:
       (1) Chapter 1 of part I of the Foreign Assistance Act of 
     1961 (relating to development assistance).
       (2) Chapter 4 of part II of the Foreign Assistance Act of 
     1961 (relating to the economic support fund).
       (3) Chapter 10 of part I of the Foreign Assistance Act of 
     1961 (relating to the Development Fund for Africa).
       (4) Chapter 11 of part I of the Foreign Assistance Act of 
     1961 (relating to assistance for the independent states of 
     the former Soviet Union).
       (5) The Support for East European Democracy Act (22 U.S.C. 
     5401 et seq.).

     SEC. 1522. ADMINISTRATOR OF AID REPORTING TO THE SECRETARY OF 
                   STATE.

       The Administrator of the Agency for International 
     Development, appointed pursuant to section 624(a) of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2384(a)), shall 
     report to and be under the direct authority and foreign 
     policy guidance of the Secretary of State.

     SEC. 1523. ASSISTANCE PROGRAMS COORDINATION AND OVERSIGHT.

       (a) Authority of the Secretary of State.--
       (1) In general.--Under the direction of the President, the 
     Secretary of State shall coordinate all United States 
     assistance in accordance with this section, except as 
     provided in paragraphs (2) and (3).
       (2) Export promotion activities.--Coordination of 
     activities relating to promotion of exports of United States 
     goods and services shall continue to be primarily the 
     responsibility of the Secretary of Commerce.
       (3) International economic activities.--Coordination of 
     activities relating to United States participation in 
     international financial institutions and relating to 
     organization of multilateral efforts aimed at currency 
     stabilization, currency convertibility, debt reduction, and 
     comprehensive economic reform programs shall continue to be 
     primarily the responsibility of the Secretary of the 
     Treasury.
       (4) Authorities and powers of the secretary of state.--The 
     powers and authorities of the Secretary provided in this 
     chapter are in addition to the powers and authorities 
     provided to the Secretary under any other Act, including 
     section 101(b) and section 622(c) of the Foreign Assistance 
     Act of 1961 (22 U.S.C. 2151(b), 2382(c)).
       (b) Coordination Activities.--Coordination activities of 
     the Secretary of State under subsection (a) shall include--
       (1) approving an overall assistance and economic 
     cooperation strategy;
       (2) ensuring program and policy coordination among agencies 
     of the United States Government in carrying out the policies 
     set forth in the Foreign Assistance Act of 1961, the Arms 
     Export Control Act, and other relevant assistance Acts;
       (3) pursuing coordination with other countries and 
     international organizations; and
       (4) resolving policy, program, and funding disputes among 
     United States Government agencies.
       (c) Statutory Construction.--Nothing in this section may be 
     construed to lessen the accountability of any Federal agency 
     administering any program, project, or activity of United 
     States assistance for any funds made available to the Federal 
     agency for that purpose.
       (d) Authority To Provide Personnel of the Agency for 
     International Development.--The Administrator of the Agency 
     for International Development is authorized to detail to the 
     Department of State on a nonreimbursable basis such personnel 
     employed by the Agency as the Secretary of State may require 
     to carry out this section.

[[Page H11258]]

                         TITLE XVI--TRANSITION

                     CHAPTER 1--REORGANIZATION PLAN

     SEC. 1601. REORGANIZATION PLAN AND REPORT.

       (a) Submission of Plan and Report.--Not later than 60 days 
     after the date of the enactment of this Act, the President 
     shall transmit to the appropriate congressional committees a 
     reorganization plan and report regarding--
       (1) the abolition of the United States Arms Control and 
     Disarmament Agency, the United States Information Agency, and 
     the United States International Development Cooperation 
     Agency in accordance with this subdivision;
       (2) with respect to the Agency for International 
     Development, the consolidation and streamlining of the Agency 
     and the transfer of certain functions of the Agency to the 
     Department in accordance with section 1511;
       (3) the termination of functions of each covered agency as 
     may be necessary to effectuate the reorganization under this 
     subdivision, and the termination of the affairs of each 
     agency abolished under this subdivision;
       (4) the transfer to the Department of the functions and 
     personnel of each covered agency consistent with the 
     provisions of this subdivision; and
       (5) the consolidation, reorganization, and streamlining of 
     the Department in connection with the transfer of such 
     functions and personnel in order to carry out such functions.
       (b) Covered Agencies.--The agencies covered by this section 
     are the following:
       (1) The United States Arms Control and Disarmament Agency.
       (2) The United States Information Agency.
       (3) The United States International Development Cooperation 
     Agency.
       (4) The Agency for International Development.
       (c) Plan Elements.--The plan transmitted under subsection 
     (a) shall contain, consistent with this subdivision, such 
     elements as the President deems appropriate, including 
     elements that--
       (1) identify the functions of each covered agency that will 
     be transferred to the Department under the plan;
       (2) specify the steps to be taken by the Secretary of State 
     to reorganize internally the functions of the Department, 
     including the consolidation of offices and functions, that 
     will be required under the plan in order to permit the 
     Department to carry out the functions transferred to it under 
     the plan;
       (3) specify the funds available to each covered agency that 
     will be transferred to the Department as a result of the 
     transfer of functions of such agency to the Department;
       (4) specify the proposed allocations within the Department 
     of unexpended funds transferred in connection with the 
     transfer of functions under the plan; and
       (5) specify the proposed disposition of the property, 
     facilities, contracts, records, and other assets and 
     liabilities of each covered agency in connection with the 
     transfer of the functions of such agency to the Department.
       (d) Reorganization Plan of Agency for International 
     Development.--In addition to applicable provisions of 
     subsection (c), the reorganization plan transmitted under 
     this section for the Agency for International Development--
       (1) may provide for the abolition of the Agency for 
     International Development and the transfer of all its 
     functions to the Department of State; or
       (2) in lieu of the abolition and transfer of functions 
     under paragraph (1)--
       (A) shall provide for the transfer to and consolidation 
     within the Department of the functions set forth in section 
     1511; and
       (B) may provide for additional consolidation, 
     reorganization, and streamlining of AID, including--
       (i) the termination of functions and reductions in 
     personnel of AID;
       (ii) the transfer of functions of AID, and the personnel 
     associated with such functions, to the Department; and
       (iii) the consolidation, reorganization, and streamlining 
     of the Department upon the transfer of such functions and 
     personnel in order to carry out the functions transferred.
       (e) Modification of Plan.--The President may, on the basis 
     of consultations with the appropriate congressional 
     committees, modify or revise any part of the plan transmitted 
     under subsection (a) until that part of the plan becomes 
     effective in accordance with subsection (g).
       (f) Report.--The report accompanying the reorganization 
     plan for the Department and the covered agencies submitted 
     pursuant to this section shall describe the implementation of 
     the plan and shall include--
       (1) a detailed description of--
       (A) the actions necessary or planned to complete the 
     reorganization,
       (B) the anticipated nature and substance of any orders, 
     directives, and other administrative and operational actions 
     which are expected to be required for completing or 
     implementing the reorganization, and
       (C) any preliminary actions which have been taken in the 
     implementation process;
       (2) the number of personnel and positions of each covered 
     agency (including civil service personnel, Foreign Service 
     personnel, and detailees) that are expected to be transferred 
     to the Department, separated from service with such agency, 
     or eliminated under the plan, and a projected schedule for 
     such transfers, separations, and terminations;
       (3) the number of personnel and positions of the Department 
     (including civil service personnel, Foreign Service 
     personnel, and detailees) that are expected to be transferred 
     within the Department, separated from service with the 
     Department, or eliminated under the plan, and a projected 
     schedule for such transfers, separations, and terminations;
       (4) a projected schedule for completion of the 
     implementation process; and
       (5) recommendations, if any, for legislation necessary to 
     carry out changes made by this subdivision relating to 
     personnel and to incidental transfers.
       (g) Effective Date.--
       (1) In general.--The reorganization plan described in this 
     section, including any modifications or revisions of the plan 
     under subsection (e), shall become effective on the earlier 
     of the date for the respective covered agency specified in 
     paragraph (2) or the date announced by the President under 
     paragraph (3).
       (2) Statutory effective dates.--The effective dates under 
     this paragraph for the reorganization plan described in this 
     section are the following:
       (A) April 1, 1999, with respect to functions of the Agency 
     for International Development described in section 1511.
       (B) April 1, 1999, with respect to the abolition of the 
     United States Arms Control and Disarmament Agency and the 
     United States International Development Cooperation Agency.
       (C) October 1, 1999, with respect to the abolition of the 
     United States Information Agency.
       (3) Effective date by presidential determination.--An 
     effective date under this paragraph for a reorganization plan 
     described in this section is such date as the President shall 
     determine to be appropriate and announce by notice published 
     in the Federal Register, which date may be not earlier than 
     90 calendar days after the President has transmitted the 
     reorganization plan to the appropriate congressional 
     committees pursuant to subsection (a).
       (4) Statutory construction.--Nothing in this subsection may 
     be construed to require the transfer of functions, personnel, 
     records, balance of appropriations, or other assets of a 
     covered agency on a single date.
       (5) Supersedes existing law.--Paragraph (1) shall apply 
     notwithstanding section 905(b) of title 5, United States 
     Code.
       (h) Publication.--The reorganization plan described in this 
     section shall be printed in the Federal Register after the 
     date upon which it first becomes effective.

                  CHAPTER 2--REORGANIZATION AUTHORITY

     SEC. 1611. REORGANIZATION AUTHORITY.

       (a) In General.--The Secretary is authorized, subject to 
     the requirements of this subdivision, to allocate or 
     reallocate any function transferred to the Department under 
     any title of this subdivision, and to establish, consolidate, 
     alter, or discontinue such organizational entities within the 
     Department as may be necessary or appropriate to carry out 
     any reorganization under this subdivision, but this 
     subsection does not authorize the Secretary to modify the 
     terms of any statute that establishes or defines the 
     functions of any bureau, office, or officer of the 
     Department.
       (b) Requirements and Limitations on Reorganization Plan.--
     The reorganization plan transmitted under section 1601 may 
     not have the effect of--
       (1) creating a new executive department;
       (2) continuing a function beyond the period authorized by 
     law for its exercise or beyond the time when it would have 
     terminated if the reorganization had not been made;
       (3) authorizing a Federal agency to exercise a function 
     which is not authorized by law at the time the plan is 
     transmitted to Congress;
       (4) creating a new Federal agency which is not a component 
     or part of an existing executive department or independent 
     agency; or
       (5) increasing the term of an office beyond that provided 
     by law for the office.

     SEC. 1612. TRANSFER AND ALLOCATION OF APPROPRIATIONS.

       (a) In General.--Except as otherwise provided in this 
     subdivision, the assets, liabilities (including contingent 
     liabilities arising from suits continued with a substitution 
     or addition of parties under section 1615(e)), contracts, 
     property, records, and unexpended balance of appropriations, 
     authorizations, allocations, and other funds employed, held, 
     used, arising from, available to, or to be made available in 
     connection with the functions and offices, or portions 
     thereof, transferred by any title of this subdivision shall 
     be transferred to the Secretary for appropriate allocation.
       (b) Limitation on Use of Transferred Funds.--Except as 
     provided in subsection (c), unexpended and unobligated funds 
     transferred pursuant to any title of this subdivision shall 
     be used only for the purposes for which the funds were 
     originally authorized and appropriated.
       (c) Funds To Facilitate Transition.--
       (1) Congressional notification.--Funds transferred pursuant 
     to subsection (a) may be available for the purposes of 
     reorganization subject to notification of the appropriate 
     congressional committees in accordance with the procedures 
     applicable to a reprogramming of funds under section 34 of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2706).
       (2) Transfer authority.--Funds in any account appropriated 
     to the Department of State may be transferred to another such 
     account for the purposes of reorganization, subject to 
     notification of the appropriate congressional committees in 
     accordance with the procedures applicable to a reprogramming 
     of funds under section 34 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2706). The authority in 
     this paragraph is in addition to any other transfer authority 
     available to the Secretary of State and shall expire 
     September 30, 2000.

     SEC. 1613. TRANSFER, APPOINTMENT, AND ASSIGNMENT OF 
                   PERSONNEL.

       (a) Transfer of Personnel From ACDA and USIA.--Except as 
     otherwise provided in title XIII--
       (1) not later than the date of abolition of ACDA, all 
     personnel and positions of ACDA, and

[[Page H11259]]

       (2) not later than the date of abolition of USIA, all 
     personnel and positions of USIA,
     shall be transferred to the Department of State at the same 
     grade or class and the same rate of basic pay or basic salary 
     rate and with the same tenure held immediately preceding 
     transfer.
       (b) Transfer of Personnel From AID.--Except as otherwise 
     provided in title XIII, not later than the date of transfer 
     of any function of AID to the Department of State under this 
     subdivision, all AID personnel performing such functions and 
     all positions associated with such functions shall be 
     transferred to the Department of State at the same grade or 
     class and the same rate of basic pay or basic salary rate and 
     with the same tenure held immediately preceding transfer.
       (c) Assignment Authority.--The Secretary, for a period of 
     not more than 6 months commencing on the effective date of 
     the transfer to the Department of State of personnel under 
     subsections (a) and (b), is authorized to assign such 
     personnel to any position or set of duties in the Department 
     of State regardless of the position held or duties performed 
     by such personnel prior to transfer, except that, by virtue 
     of such assignment, such personnel shall not have their grade 
     or class or their rate of basic pay or basic salary rate 
     reduced, nor their tenure changed. The Secretary shall 
     consult with the relevant exclusive representatives (as 
     defined in section 1002 of the Foreign Service Act and in 
     section 7103 of title 5, United States Code) with regard 
     to the exercise of this authority. This subsection does 
     not authorize the Secretary to assign any individual to 
     any position that by law requires appointment by the 
     President, by and with the advice and consent of the 
     Senate.
       (d) Superseding Other Provisions of Law.--Subsections (a) 
     through (c) shall be exercised notwithstanding any other 
     provision of law. s

     SEC. 1614. INCIDENTAL TRANSFERS.

       The Director of the Office of Management and Budget, when 
     requested by the Secretary, is authorized to make such 
     incidental dispositions of personnel, assets, liabilities, 
     grants, contracts, property, records, and unexpended balances 
     of appropriations, authorizations, allocations, and other 
     funds held, used, arising from, available to, or to be made 
     available in connection withsuch functions, as may be 
     necessary to carry out the provisions of any title of this 
     subdivision. The Director of the Office of Management and 
     Budget, in consultation with the Secretary, shall provide for 
     the termination of the affairs of all entities terminated by 
     this subdivision and for such further measures and 
     dispositions as may be necessary to effectuate the purposes 
     of any title of this subdivision.

     SEC. 1615. SAVINGS PROVISIONS.

       (a) Continuing Legal Force and Effect.--All orders, 
     determinations, rules, regulations, permits, agreements, 
     grants, contracts, certificates, licenses, registrations, 
     privileges, and other administrative actions--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, any Federal agency or 
     official thereof, or by a court of competent jurisdiction, in 
     the performance of functions that are transferred under any 
     title of this subdivision; and
       (2) that are in effect as of the effective date of such 
     title, or were final before the effective date of such title 
     and are to become effective on or after the effective date of 
     such title,

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, the Secretary, or other 
     authorized official, a court of competent jurisdiction, or by 
     operation of law.
       (b) Pending Proceedings.--
       (1) In general.--The provisions of any title of this 
     subdivision shall not affect any proceedings, including 
     notices of proposed rulemaking, or any application for any 
     license, permit, certificate, or financial assistance pending 
     on the effective date of any title of this subdivision before 
     any Federal agency, commission, or component thereof, 
     functions of which are transferred by any title of this 
     subdivision. Such proceedings and applications, to the extent 
     that they relate to functions so transferred, shall be 
     continued.
       (2) Orders, appeals, payments.--Orders shall be issued in 
     such proceedings, appeals shall be taken therefrom, and 
     payments shall be made pursuant to such orders, as if this 
     subdivision had not been enacted. Orders issued in any such 
     proceedings shall continue in effect until modified, 
     terminated, superseded, or revoked by the Secretary, by a 
     court of competent jurisdiction, or by operation of law.
       (3) Statutory construction.--Nothing in this subdivision 
     shall be deemed to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this subdivision had 
     not been enacted.
       (4) Regulations.--The Secretary is authorized to promulgate 
     regulations providing for the orderly transfer of proceedings 
     continued under this subsection to the Department.
       (c) No Effect on Judicial or Administrative Proceedings.--
     Except as provided in subsection (e) and section 1327(d)--
       (1) the provisions of this subdivision shall not affect 
     suits commenced prior to the effective dates of the 
     respective titles of this subdivision; and
       (2) in all such suits, proceedings shall be had, appeals 
     taken, and judgments rendered in the same manner and effect 
     as if this subdivision had not been enacted.
       (d) Nonabatement of Proceedings.--No suit, action, or other 
     proceeding commenced by or against any officer in the 
     official capacity of such individual as an officer of any 
     Federal agency, or any commission or component thereof, 
     functions of which are transferred by any title of this 
     subdivision, shall abate by reason of the enactment of this 
     subdivision. No cause of action by or against any Federal 
     agency, or any commission or component thereof, functions of 
     which are transferred by any title of this subdivision, or by 
     or against any officer thereof in the official capacity of 
     such officer shall abate by reason of the enactment of this 
     subdivision.
       (e) Continuation of Proceeding With Substitution of 
     Parties.--If, before the effective date of any title of this 
     subdivision, any Federal agency, or officer thereof in the 
     official capacity of such officer, is a party to a suit, and 
     under this subdivision any function of such department, 
     agency, or officer is transferred to the Secretary or any 
     other official of the Department, then effective on such date 
     such suit shall be continued with the Secretary or other 
     appropriate official of the Department substituted or added 
     as a party.
       (f) Reviewability of Orders and Actions Under Transferred 
     Functions.--Orders and actions of the Secretary in the 
     exercise of functions transferred under any title of this 
     subdivision shall be subject to judicial review to the same 
     extent and in the same manner as if such orders and actions 
     had been by the Federal agency or office, or part thereof, 
     exercising such functions immediately preceding their 
     transfer. Any statutory requirements relating to notice, 
     hearings, action upon the record, or administrative review 
     that apply to any function transferred by any title of this 
     subdivision shall apply to the exercise of such function by 
     the Secretary.

     SEC. 1616. AUTHORITY OF SECRETARY OF STATE TO FACILITATE 
                   TRANSITION.

       Notwithstanding any provision of this subdivision, the 
     Secretary of State, with the concurrence of the head of the 
     appropriate Federal agency exercising functions transferred 
     under this subdivision, may transfer the whole or part of 
     such functions prior to the effective dates established in 
     this subdivision, including the transfer of personnel and 
     funds associated with such functions.

     SEC. 1617. FINAL REPORT.

       Not later than January 1, 2001, the President, in 
     consultation with the Secretary of the Treasury and the 
     Director of the Office of Management and Budget, shall submit 
     to the appropriate congressional committees a report which 
     provides a final accounting of the finances and operations of 
     the agencies abolished under this subdivision.

             SUBDIVISION B--FOREIGN RELATIONS AUTHORIZATION

                      TITLE XX--GENERAL PROVISIONS

     SEC. 2001. SHORT TITLE.

       This subdivision may be cited as the ``Foreign Relations 
     Authorization Act, Fiscal Years 1998 and 1999''.

     SEC. 2002. DEFINITION OF APPROPRIATE CONGRESSIONAL 
                   COMMITTEES.

       In this subdivision, the term ``appropriate congressional 
     committees'' means the Committee on International Relations 
     of the House of Representatives and the Committee on Foreign 
     Relations of the Senate.

   TITLE XXI--AUTHORIZATION OF APPROPRIATIONS FOR DEPARTMENT OF STATE

     SEC. 2101. ADMINISTRATION OF FOREIGN AFFAIRS.

       The following amounts are authorized to be appropriated for 
     the Department of State under ``Administration of Foreign 
     Affairs'' to carry out the authorities, functions, duties, 
     and responsibilities in the conduct of the foreign affairs of 
     the United States and for other purposes authorized by law, 
     including the diplomatic security program:
       (1) Diplomatic and consular programs.--For ``Diplomatic and 
     Consular Programs'', of the Department of State 
     $1,730,000,000 for the fiscal year 1998 and $1,644,300,000 
     for the fiscal year 1999.
       (2) Salaries and expenses.--
       (A) Authorization of appropriations.--For ``Salaries and 
     Expenses'', of the Department of State $363,513,000 for the 
     fiscal year 1998 and $355,000,000 for the fiscal year 1999.
       (B) Limitations.--Of the amounts authorized to be 
     appropriated by subparagraph (A), $2,000,000 for fiscal year 
     1998 and $2,000,000 for the fiscal year 1999 are authorized 
     to be appropriated only for the recruitment of minorities for 
     careers in the Foreign Service and international affairs.
       (3) Capital investment fund.--For ``Capital Investment 
     Fund'', of the Department of State $86,000,000 for the fiscal 
     year 1998 and $80,000,000 for the fiscal year 1999.
       (4) Security and maintenance of united states missions.--
     For ``Security and Maintenance of United States Missions'', 
     $404,000,000 for the fiscal year 1998 and $403,561,000 for 
     the fiscal year 1999.
       (5) Representation allowances.--For ``Representation 
     Allowances'', $4,200,000 for the fiscal year 1998 and 
     $4,350,000 for the fiscal year 1999.
       (6) Emergencies in the diplomatic and consular service.--
     For ``Emergencies in the Diplomatic and Consular Service'', 
     $5,500,000 for the fiscal year 1998 and $5,500,000 for the 
     fiscal year 1999.
       (7) Office of the inspector general.--For ``Office of the 
     Inspector General'', $27,495,000 for the fiscal year 1998 and 
     $27,495,000 for the fiscal year 1999.
       (8) Payment to the american institute in taiwan.--For 
     ``Payment to the American Institute in Taiwan'', $14,000,000 
     for the fiscal year 1998 and $14,750,000 for the fiscal year 
     1999.
       (9) Protection of foreign missions and officials.--(A) For 
     ``Protection of Foreign Missions and Officials'', $7,900,000 
     for the fiscal year 1998 and $8,100,000 for the fiscal year 
     1999.
       (B) Each amount appropriated pursuant to this paragraph is 
     authorized to remain available

[[Page H11260]]

     through September 30 of the fiscal year following the fiscal 
     year for which the amount appropriated was made.
       (10) Repatriation loans.--For ``Repatriation Loans'', 
     $1,200,000 for the fiscal year 1998 and $1,200,000 for the 
     fiscal year 1999, for administrative expenses.

     SEC. 2102. INTERNATIONAL COMMISSIONS.

       The following amounts are authorized to be appropriated 
     under ``International Commissions'' for the Department of 
     State to carry out the authorities, functions, duties, and 
     responsibilities in the conduct of the foreign affairs of the 
     United States and for other purposes authorized by law:
       (1) International boundary and water commission, united 
     states and mexico.--For ``International Boundary and Water 
     Commission, United States and Mexico''--
       (A) for ``Salaries and Expenses'' $17,490,000 for the 
     fiscal year 1998 and $19,551,000 for the fiscal year 1999; 
     and
       (B) for ``Construction'' $6,463,000 for the fiscal year 
     1998 and $6,463,000 for the fiscal year 1999.
       (2) International boundary commission, united states and 
     canada.--For ``International Boundary Commission, United 
     States and Canada'', $761,000 for the fiscal year 1998 and 
     $761,000 for the fiscal year 1999.
       (3) International joint commission.--For ``International 
     Joint Commission'', $3,189,000 for the fiscal year 1998 and 
     $3,432,000 for the fiscal year 1999.
       (4) International fisheries commissions.--For 
     ``International Fisheries Commissions'', $14,549,000 for the 
     fiscal year 1998 and $14,549,000 for the fiscal year 1999.

     SEC. 2103. GRANTS TO THE ASIA FOUNDATION.

       Section 404 of The Asia Foundation Act (title IV of Public 
     Law 98-164) is amended to read as follows:
       ``Sec. 404. There are authorized to be appropriated to the 
     Secretary of State $10,000,000 for each of the fiscal years 
     1998 and 1999 for grants to The Asia Foundation pursuant to 
     this title.''.

     SEC. 2104. VOLUNTARY CONTRIBUTIONS TO INTERNATIONAL 
                   ORGANIZATIONS.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated for ``Voluntary Contributions to 
     International Organizations'', $194,500,000 for the fiscal 
     year 1998 and $214,000,000 for the fiscal year 1999.
       (b) Limitations.--
       (1) World food program.--Of the amounts authorized to be 
     appropriated under subsection (a), $4,000,000 for the fiscal 
     year 1998 and $2,000,000 for the fiscal year 1999 are 
     authorized to be appropriated only for a United States 
     contribution to the World Food Program.
       (2) United nations voluntary fund for victims of torture.--
     Of the amount authorized to be appropriated under subsection 
     (a), $3,000,000 for the fiscal year 1998 and $3,000,000 for 
     the fiscal year 1999 are authorized to be appropriated only 
     for a United States contribution to the United Nations 
     Voluntary Fund for Victims of Torture.
       (3) International program on the elimination of child 
     labor.--Of the amounts authorized to be appropriated under 
     subsection (a), $5,000,000 for the fiscal year 1998 and 
     $5,000,000 for the fiscal year 1999 are authorized to be 
     appropriated only for a United States contribution to the 
     International Labor Organization for the activities of the 
     International Program on the Elimination of Child Labor.
       (c) Availability of Funds.--Amounts authorized to be 
     appropriated under subsection (a) are authorized to remain 
     available until expended.

     SEC. 2105. VOLUNTARY CONTRIBUTIONS TO PEACEKEEPING 
                   OPERATIONS.

       There are authorized to be appropriated for ``Peacekeeping 
     Operations'', $77,500,000 for the fiscal year 1998 and 
     $83,000,000 for the fiscal year 1999 for the Department of 
     State to carry out section 551 of Public Law 87-195.

     SEC. 2106. LIMITATION ON UNITED STATES VOLUNTARY 
                   CONTRIBUTIONS TO UNITED NATIONS DEVELOPMENT 
                   PROGRAM.

       (a) Limitation.--Of the amounts made available for fiscal 
     years 1998 and 1999 for United States voluntary contributions 
     to the United Nations Development Program an amount equal to 
     the amount the United Nations Development Program will spend 
     in Burma during each fiscal year shall be withheld unless 
     during such fiscal year the President submits to the 
     appropriate congressional committees the certification 
     described in subsection (b).
       (b) Certification.--The certification referred to in 
     subsection (a) is a certification by the President that all 
     programs and activities of the United Nations Development 
     Program (including United Nations Development Program--
     Administered Funds) in Burma--
       (1) are focused on eliminating human suffering and 
     addressing the needs of the poor;
       (2) are undertaken only through international or private 
     voluntary organizations that have been deemed independent of 
     the State Law and Order Restoration Council (SLORC), after 
     consultation with the leadership of the National League for 
     Democracy and the leadership of the National Coalition 
     Government of the Union of Burma;
       (3) provide no financial, political, or military benefit to 
     the SLORC; and
       (4) are carried out only after consultation with the 
     leadership of the National League for Democracy and the 
     leadership of the National Coalition Government of the Union 
     of Burma.

       TITLE XXII--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                 CHAPTER 1--AUTHORITIES AND ACTIVITIES

     SEC. 2201. REIMBURSEMENT OF DEPARTMENT OF STATE FOR 
                   ASSISTANCE TO OVERSEAS EDUCATIONAL FACILITIES.

       Section 29 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2701) is amended by adding at the end the 
     following: ``Notwithstanding any other provision of law, 
     where the child of a United States citizen employee of an 
     agency of the United States Government who is stationed 
     outside the United States attends an educational facility 
     assisted by the Secretary of State under this section, the 
     head of that agency is authorized to reimburse, or credit 
     with advance payment, the Department of State for funds used 
     in providing assistance to such educational facilities, by 
     grant or otherwise, under this section.''.

     SEC. 2202. REVISION OF DEPARTMENT OF STATE REWARDS PROGRAM.

       Section 36 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2708) is amended to read as follows:

     ``SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

       ``(a) Establishment.--
       ``(1) In general.--There is established a program for the 
     payment of rewards to carry out the purposes of this section.
       ``(2) Purpose.--The rewards program shall be designed to 
     assist in the prevention of acts of international terrorism, 
     international narcotics trafficking, and other related 
     criminal acts.
       ``(3) Implementation.--The rewards program shall be 
     administered by the Secretary of State, in consultation, as 
     appropriate, with the Attorney General.
       ``(b) Rewards Authorized.--In the sole discretion of the 
     Secretary (except as provided in subsection (c)(2)) and in 
     consultation, as appropriate, with the Attorney General, the 
     Secretary may pay a reward to any individual who furnishes 
     information leading to--
       ``(1) the arrest or conviction in any country of any 
     individual for the commission of an act of international 
     terrorism against a United States person or United States 
     property;
       ``(2) the arrest or conviction in any country of any 
     individual conspiring or attempting to commit an act of 
     international terrorism against a United States person or 
     United States property;
       ``(3) the arrest or conviction in any country of any 
     individual for committing, primarily outside the territorial 
     jurisdiction of the United States, any narcotics-related 
     offense if that offense involves or is a significant part of 
     conduct that involves--
       ``(A) a violation of United States narcotics laws such that 
     the individual would be a major violator of such laws;
       ``(B) the killing or kidnapping of--
       ``(i) any officer, employee, or contract employee of the 
     United States Government while such individual is engaged in 
     official duties, or on account of that individual's official 
     duties, in connection with the enforcement of United States 
     narcotics laws or the implementing of United States narcotics 
     control objectives; or
       ``(ii) a member of the immediate family of any such 
     individual on account of that individual's official duties, 
     in connection with the enforcement of United States narcotics 
     laws or the implementing of United States narcotics control 
     objectives; or
       ``(C) an attempt or conspiracy to commit any act described 
     in subparagraph (A) or (B);
       ``(4) the arrest or conviction in any country of any 
     individual aiding or abetting in the commission of an act 
     described in paragraph (1), (2), or (3); or
       ``(5) the prevention, frustration, or favorable resolution 
     of an act described in paragraph (1), (2), or (3).
       ``(c) Coordination.--
       ``(1) Procedures.--To ensure that the payment of rewards 
     pursuant to this section does not duplicate or interfere with 
     the payment of informants or the obtaining of evidence or 
     information, as authorized to the Department of Justice, the 
     offering, administration, and payment of rewards under this 
     section, including procedures for--
       ``(A) identifying individuals, organizations, and offenses 
     with respect to which rewards will be offered;
       ``(B) the publication of rewards;
       ``(C) the offering of joint rewards with foreign 
     governments;
       ``(D) the receipt and analysis of data; and
       ``(E) the payment and approval of payment,

     shall be governed by procedures developed by the Secretary of 
     State, in consultation with the Attorney General.
       ``(2) Prior approval of attorney general required.--Before 
     making a reward under this section in a matter over which 
     there is Federal criminal jurisdiction, the Secretary of 
     State shall obtain the concurrence of the Attorney General.
       ``(d) Funding.--
       ``(1) Authorization of appropriations.--Notwithstanding 
     section 102 of the Foreign Relations Authorization Act, 
     Fiscal Years 1986 and 1987 (Public Law 99-93; 99 Stat. 408), 
     but subject to paragraph (2), there are authorized to be 
     appropriated to the Department of State from time to time 
     such amounts as may be necessary to carry out this section.
       ``(2) Limitation.--No amount of funds may be appropriated 
     under paragraph (1) which, when added to the unobligated 
     balance of amounts previously appropriated to carry out this 
     section, would cause such amounts to exceed $15,000,000.
       ``(3) Allocation of funds.--To the maximum extent 
     practicable, funds made available to carry out this section 
     should be distributed equally for the purpose of preventing 
     acts of international terrorism and for the purpose of 
     preventing international narcotics trafficking.
       ``(4) Period of availability.--Amounts appropriated under 
     paragraph (1) shall remain available until expended.
       ``(e) Limitations and Certification.--
       ``(1) Maximum amount.--No reward paid under this section 
     may exceed $2,000,000.

[[Page H11261]]

       ``(2) Approval.--A reward under this section of more than 
     $100,000 may not be made without the approval of the 
     Secretary.
       ``(3) Certification for payment.--Any reward granted under 
     this section shall be approved and certified for payment by 
     the Secretary.
       ``(4) Nondelegation of authority.--The authority to approve 
     rewards of more than $100,000 set forth in paragraph (2) may 
     not be delegated.
       ``(5) Protection measures.--If the Secretary determines 
     that the identity of the recipient of a reward or of the 
     members of the recipient's immediate family must be 
     protected, the Secretary may take such measures in connection 
     with the payment of the reward as he considers necessary to 
     effect such protection.
       ``(f) Ineligibility.--An officer or employee of any entity 
     of Federal, State, or local government or of a foreign 
     government who, while in the performance of his or her 
     official duties, furnishes information described in 
     subsection (b) shall not be eligible for a reward under this 
     section.
       ``(g) Reports.--
       ``(1) Reports on payment of rewards.--Not later than 30 
     days after the payment of any reward under this section, the 
     Secretary shall submit a report to the appropriate 
     congressional committees with respect to such reward. The 
     report, which may be submitted in classified form if 
     necessary, shall specify the amount of the reward paid, to 
     whom the reward was paid, and the acts with respect to which 
     the reward was paid. The report shall also discuss the 
     significance of the information for which the reward was paid 
     in dealing with those acts.
       ``(2) Annual reports.--Not later than 60 days after the end 
     of each fiscal year, the Secretary shall submit a report to 
     the appropriate congressional committees with respect to the 
     operation of the rewards program. The report shall provide 
     information on the total amounts expended during the fiscal 
     year ending in that year to carry out this section, including 
     amounts expended to publicize the availability of rewards.
       ``(h) Publication Regarding Rewards Offered by Foreign 
     Governments.--Notwithstanding any other provision of this 
     section, in the sole discretion of the Secretary, the 
     resources of the rewards program shall be available for the 
     publication of rewards offered by foreign governments 
     regarding acts of international terrorism which do not 
     involve United States persons or property or a violation of 
     the narcotics laws of the United States.
       ``(i) Determinations of the Secretary.--A determination 
     made by the Secretary under this section shall be final and 
     conclusive and shall not be subject to judicial review.
       ``(j) Definitions.--As used in this section:
       ``(1) Act of international terrorism.--The term `act of 
     international terrorism' includes--
       ``(A) any act substantially contributing to the acquisition 
     of unsafeguarded special nuclear material (as defined in 
     paragraph (8) of section 830 of the Nuclear Proliferation 
     Prevention Act of 1994 (22 U.S.C. 3201 note)) or any nuclear 
     explosive device (as defined in paragraph (4) of that 
     section) by an individual, group, or non-nuclear-weapon state 
     (as defined in paragraph (5) of that section); and
       ``(B) any act, as determined by the Secretary, which 
     materially supports the conduct of international terrorism, 
     including the counterfeiting of United States currency or the 
     illegal use of other monetary instruments by an individual, 
     group, or country supporting international terrorism as 
     determined for purposes of section 6(j)(1)(A) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)(1)(A)).
       ``(2) Appropriate congressional committees.--The term 
     `appropriate congressional committees' means the Committee on 
     International Relations of the House of Representatives and 
     the Committee on Foreign Relations of the Senate.
       ``(3) Member of the immediate family.--The term `member of 
     the immediate family', with respect to an individual, 
     includes--
       ``(A) a spouse, parent, brother, sister, or child of the 
     individual;
       ``(B) a person with respect to whom the individual stands 
     in loco parentis; and
       ``(C) any person not covered by subparagraph (A) or (B) who 
     is living in the individual's household and is related to the 
     individual by blood or marriage.
       ``(4) Rewards program.--The term `rewards program' means 
     the program established in subsection (a)(1).
       ``(5) United states narcotics laws.--The term `United 
     States narcotics laws' means the laws of the United States 
     for the prevention and control of illicit trafficking in 
     controlled substances (as such term is defined in section 
     102(6) of the Controlled Substances Act (21 U.S.C. 802(6))).
       ``(6) United states person.--The term `United States 
     person' means--
       ``(A) a citizen or national of the United States; and
       ``(B) an alien lawfully present in the United States.''.

     SEC. 2203. RETENTION OF ADDITIONAL DEFENSE TRADE CONTROLS 
                   REGISTRATION FEES.

       Section 45(a) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2717(a)) is amended--
       (1) at the end of paragraph (1), by striking ``and'';
       (2) in paragraph (2)--
       (A) by striking ``functions'' and inserting ``functions, 
     including compliance and enforcement activities,''; and
       (B) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the enhancement of defense trade export compliance 
     and enforcement activities, including compliance audits of 
     United States and foreign parties, the conduct of 
     administrative proceedings, monitoring of end-uses in cases 
     of direct commercial arms sales or other transfers, and 
     cooperation in proceedings for enforcement of criminal laws 
     related to defense trade export controls.''.

     SEC. 2204. FEES FOR COMMERCIAL SERVICES.

       Section 52(b) of the State Department Basic Authorities Act 
     of 1956 (22 U.S.C. 2724(b)) is amended by adding at the end 
     the following: ``Funds deposited under this subsection shall 
     remain available for obligation through September 30 of the 
     fiscal year following the fiscal year in which the funds were 
     deposited.''.

     SEC. 2205. PILOT PROGRAM FOR FOREIGN AFFAIRS REIMBURSEMENT.

       (a) Foreign Affairs Reimbursement.--
       (1) In general.--Section 701 of the Foreign Service Act of 
     1980 (22 U.S.C. 4021) is amended--
       (A) by redesignating subsection (d)(4) as subsection (g); 
     and
       (B) by inserting after subsection (d) the following new 
     subsections:
       ``(e)(1) The Secretary may provide appropriate training or 
     related services, except foreign language training, through 
     the institution to any United States person (or any employee 
     or family member thereof) that is engaged in business abroad.
       ``(2) The Secretary may provide job-related training or 
     related services, including foreign language training, 
     through the institution to a United States person under 
     contract to provide services to the United States Government 
     or to any employee thereof that is performing such services.
       ``(3) Training under this subsection may be provided only 
     to the extent that space is available and only on a 
     reimbursable or advance-of-funds basis. Reimbursements and 
     advances shall be credited to the currently available 
     applicable appropriation account.
       ``(4) Training and related services under this subsection 
     is authorized only to the extent that it will not interfere 
     with the institution's primary mission of training employees 
     of the Department and of other agencies in the field of 
     foreign relations.
       ``(5) In this subsection, the term `United States person' 
     means--
       ``(A) any individual who is a citizen or national of the 
     United States; or
       ``(B) any corporation, company, partnership, association, 
     or other legal entity that is 50 percent or more beneficially 
     owned by citizens or nationals of the United States.
       ``(f)(1) The Secretary is authorized to provide, on a 
     reimbursable basis, training programs to Members of Congress 
     or the Judiciary.
       ``(2) Employees of the legislative branch and employees of 
     the judicial branch may participate, on a reimbursable basis, 
     in training programs offered by the institution.
       ``(3) Reimbursements collected under this subsection shall 
     be credited to the currently available applicable 
     appropriation account.
       ``(4) Training under this subsection is authorized only to 
     the extent that it will not interfere with the institution's 
     primary mission of training employees of the Department and 
     of other agencies in the field of foreign relations.''.
       (2) Effective date.--The amendments made by paragraph (1) 
     shall take effect on October 1, 1998.
       (3) Termination of pilot program.--Effective October 1, 
     2002, section 701 of the Foreign Service Act of 1980 (22 
     U.S.C. 4021), as amended by this subsection, is further 
     amended--
       (A) by striking subsections (e) and (f); and
       (B) by redesignating subsection (g) as paragraph (4) of 
     subsection (d).
       (b) Fees for Use of National Foreign Affairs Training 
     Center.--Title I of the State Department Basic Authorities 
     Act of 1956 (22 U.S.C. 2651a et seq.) is amended by adding at 
     the end the following new section:

     ``SEC. 53. FEES FOR USE OF THE NATIONAL FOREIGN AFFAIRS 
                   TRAINING CENTER.

       ``The Secretary is authorized to charge a fee for use of 
     the National Foreign Affairs Training Center of the 
     Department of State. Amounts collected under this section 
     (including reimbursements and surcharges) shall be deposited 
     as an offsetting collection to any Department of State 
     appropriation to recover the costs of such use and shall 
     remain available for obligation until expended.''.
       (c) Reporting on Pilot Program.--Two years after the date 
     of enactment of this Act, the Secretary of State shall submit 
     a report to the appropriate congressional committees 
     containing--
       (1) the number of persons who have taken advantage of the 
     pilot program established under subsections (e) and (f) of 
     section 701 of the Foreign Service Act of 1980 and section 53 
     of the State Department Basic Authorities Act of 1956, as 
     added by this section;
       (2) the business or government affiliation of such persons;
       (3) the amount of fees collected; and
       (4) the impact of the program on the primary mission of the 
     National Foreign Affairs Training Center.

     SEC. 2206. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.), as amended by this division, 
     is further amended by adding at the end the following new 
     section:

     ``SEC. 54. FEE FOR USE OF DIPLOMATIC RECEPTION ROOMS.

       ``The Secretary is authorized to charge a fee for use of 
     the diplomatic reception rooms of the Department of State. 
     Amounts collected under this section (including 
     reimbursements and surcharges) shall be deposited as an 
     offsetting collection to any Department of State 
     appropriation to recover the costs of such use and shall

[[Page H11262]]

     remain available for obligation until expended.''.

     SEC. 2207. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION 
                   DOCUMENTS.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.), as amended by this division, 
     is further amended by adding at the end the following new 
     section:

     ``SEC. 55. ACCOUNTING OF COLLECTIONS IN BUDGET PRESENTATION 
                   DOCUMENTS.

       ``The Secretary shall include in the annual Congressional 
     Presentation Document and the Budget in Brief a detailed 
     accounting of the total collections received by the 
     Department of State from all sources, including fee 
     collections. Reporting on total collections shall also cover 
     collections from the preceding fiscal year and the projected 
     expenditures from all collections accounts.''.

     SEC. 2208. OFFICE OF THE INSPECTOR GENERAL.

       (a) Procedures.--Section 209(c) of the Foreign Service Act 
     of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end 
     the following:
       ``(4) The Inspector General shall develop and provide to 
     employees--
       ``(A) information detailing their rights to counsel; and
       ``(B) guidelines describing in general terms the policies 
     and procedures of the Office of Inspector General with 
     respect to individuals under investigation other than matters 
     exempt from disclosure under other provisions of law.''.
       (b) Notice.--Section 209(e) of the Foreign Service Act of 
     1980 (22 U.S.C. 3929(e)) is amended by adding at the end the 
     following new paragraph:
       ``(3) The Inspector General shall ensure that only 
     officials from the Office of the Inspector General may 
     participate in formal interviews or other formal meetings 
     with the individual who is the subject of an investigation, 
     other than an intelligence-related or sensitive undercover 
     investigation, or except in those situations when the 
     Inspector General has a reasonable basis to believe that such 
     notice would cause tampering with witnesses, destroying 
     evidence, or endangering the lives of individuals, unless 
     that individual receives prior adequate notice regarding 
     participation by officials of any other agency, including the 
     Department of Justice, in such interviews or meetings.''.
       (c) Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, the Inspector General of the 
     Department of State and the Foreign Service shall submit a 
     report to the appropriate congressional committees which 
     includes the following:
       (A) Detailed descriptions of the internal guidance 
     developed or used by the Office of the Inspector General with 
     respect to public disclosure of any information related to an 
     ongoing investigation of any officer or employee of the 
     Department of State, the United States Information Agency, or 
     the United States Arms Control and Disarmament Agency.
       (B) Detailed descriptions of those instances for the year 
     ending December 31, 1997, in which any disclosure of 
     information to the public by an employee of the Office of 
     Inspector General about an ongoing investigation occurred, 
     including details on the recipient of the information, the 
     date of the disclosure, and the internal clearance process 
     for the disclosure.
       (2) Statutory construction.--Disclosure of information to 
     the public under this section shall not be construed to 
     include information shared with Congress by an employee of 
     the Office of the Inspector General.

     SEC. 2209. CAPITAL INVESTMENT FUND.

       Section 135 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 2684a) is amended--
       (1) in subsection (a), by inserting ``and enhancement'' 
     after ``procurement'';
       (2) in subsection (c), by striking ``are authorized to'' 
     and inserting ``shall'';
       (3) in subsection (d), by striking ``for expenditure to 
     procure capital equipment and information technology'' and 
     inserting ``for purposes of subsection (a)''; and
       (4) by amending subsection (e) to read as follows:
       ``(e) Reprogramming Procedures.--Funds credited to the 
     Capital Investment Fund shall not be available for obligation 
     or expenditure except in compliance with the procedures 
     applicable to reprogramming notifications under section 34 of 
     the State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2706).''.

     SEC. 2210. CONTRACTING FOR LOCAL GUARDS SERVICES OVERSEAS.

       Section 136(c) of the Foreign Relations Authorization Act, 
     Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)) is amended--
       (1) by amending paragraph (3) to read as follows:
       ``(3) in evaluating proposals for such contracts, award 
     contracts to the technically acceptable firm offering the 
     lowest evaluated price, except that proposals of United 
     States persons and qualified United States joint venture 
     persons (as defined in subsection (d)) shall be evaluated by 
     reducing the bid price by 10 percent;'';
       (2) by inserting ``and'' at the end of paragraph (5);
       (3) by striking ``; and'' at the end of paragraph (6) and 
     inserting a period; and
       (4) by striking paragraph (7).

     SEC. 2211. AUTHORITY OF THE FOREIGN CLAIMS SETTLEMENT 
                   COMMISSION.

       Section 4(a) of the International Claims Settlement Act of 
     1949 (22 U.S.C. 1623(a)) is amended--
       (1) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (2) in the first sentence, by striking ``(a) The'' and all 
     that follows through the period and inserting the following:
       ``(a)(1) The Commission shall have jurisdiction to receive, 
     examine, adjudicate, and render a final decision with respect 
     to any claim of the Government of the United States or of any 
     national of the United States--
       ``(A) included within the terms of the Yugoslav Claims 
     Agreement of 1948;
       ``(B) included within the terms of any claims agreement 
     concluded on or after March 10, 1954, between the Government 
     of the United States and a foreign government (exclusive of 
     governments against which the United States declared the 
     existence of a state of war during World War II) similarly 
     providing for the settlement and discharge of claims of the 
     Government of the United States and of nationals of the 
     United States against a foreign government, arising out of 
     the nationalization or other taking of property, by the 
     agreement of the Government of the United States to accept 
     from that government a sum in en bloc settlement thereof; or
       ``(C) included in a category of claims against a foreign 
     government which is referred to the Commission by the 
     Secretary of State.''; and
       (3) by redesignating the second sentence as paragraph (2).

     SEC. 2212. EXPENSES RELATING TO CERTAIN INTERNATIONAL CLAIMS 
                   AND PROCEEDINGS.

       (a) Recovery of Certain Expenses.--The Department of State 
     Appropriation Act of 1937 (22 U.S.C. 2661) is amended in the 
     fifth undesignated paragraph under the heading entitled 
     ``international fisheries commission'' by inserting 
     ``(including such expenses as salaries and other personnel 
     expenses)'' after ``extraordinary expenses''.
       (b) Procurement of Services.--Section 38(c) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2710(c)) 
     is amended in the first sentence by inserting ``personal 
     and'' before ``other support services''.

     SEC. 2213. GRANTS TO REMEDY INTERNATIONAL ABDUCTIONS OF 
                   CHILDREN.

       Section 7 of the International Child Abduction Remedies Act 
     (42 U.S.C. 11606; Public Law 100-300) is amended by adding at 
     the end the following new subsection:
       ``(e) Grant Authority.--The United States Central Authority 
     is authorized to make grants to, or enter into contracts or 
     agreements with, any individual, corporation, other Federal, 
     State, or local agency, or private entity or organization in 
     the United States for purposes of accomplishing its 
     responsibilities under the Convention and this Act.''.

     SEC. 2214. COUNTERDRUG AND ANTICRIME ACTIVITIES OF THE 
                   DEPARTMENT OF STATE.

       (a) Counterdrug and Law Enforcement Strategy.--
       (1) Requirement.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of State shall 
     establish, implement, and submit to Congress a comprehensive, 
     long-term strategy to carry out the counterdrug 
     responsibilities of the Department of State in a manner 
     consistent with the National Drug Control Strategy. The 
     strategy shall involve all elements of the Department in the 
     United States and abroad.
       (2) Objectives.--In establishing the strategy, the 
     Secretary shall--
       (A) coordinate with the Office of National Drug Control 
     Policy in the development of clear, specific, and measurable 
     counterdrug objectives for the Department that support the 
     goals and objectives of the National Drug Control Strategy;
       (B) develop specific and, to the maximum extent 
     practicable, quantifiable measures of performance relating to 
     the objectives, including annual and long-term measures of 
     performance, for purposes of assessing the success of the 
     Department in meeting the objectives;
       (C) assign responsibilities for meeting the objectives to 
     appropriate elements of the Department;
       (D) develop an operational structure within the Department 
     that minimizes impediments to meeting the objectives;
       (E) ensure that every United States ambassador or chief of 
     mission is fully briefed on the strategy, and works to 
     achieve the objectives; and
       (F) ensure that--
       (i) all budgetary requests and transfers of equipment 
     (including the financing of foreign military sales and the 
     transfer of excess defense articles) relating to 
     international counterdrug efforts conforms with the 
     objectives; and
       (ii) the recommendations of the Department regarding 
     certification determinations made by the President on March 1 
     as to the counterdrug cooperation, or adequate steps on its 
     own, of each major illicit drug producing and drug 
     trafficking country to achieve full compliance with the goals 
     and objectives established by the United Nations Convention 
     Against Illicit Traffic in Narcotic Drugs and Psychotropic 
     Substances also conform to meet such objectives.
       (3) Reports.--Not later than February 15 of each year 
     subsequent to the submission of the strategy described in 
     paragraph (1), the Secretary shall submit to Congress an 
     update of the strategy. The update shall include--
       (A) an outline of the proposed activities with respect to 
     the strategy during the succeeding year, including the manner 
     in which such activities will meet the objectives set forth 
     in paragraph (2); and
       (B) detailed information on how certification 
     determinations described in paragraph (2)(F) made the 
     previous year affected achievement of the objectives set 
     forth in paragraph (2) for the previous calendar year.
       (4) Limitation on delegation.--The Secretary shall 
     designate an official in the Department who reports directly 
     to the Secretary to oversee the implementation of the 
     strategy throughout the Department.

[[Page H11263]]

       (b) Information on International Criminals.--
       (1) Information system.--The Secretary shall, in 
     consultation with the heads of appropriate United States law 
     enforcement agencies, including the Attorney General and the 
     Secretary of the Treasury, take appropriate actions to 
     establish an information system or improve existing 
     information systems containing comprehensive information on 
     serious crimes committed by foreign nationals. The 
     information system shall be available to United States 
     embassies and missions abroad for use in consideration of 
     applications for visas for entry into the United States.
       (2) Report.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate congressional committees a report on the actions 
     taken under paragraph (1).
       (c) Overseas Coordination of Counterdrug and Anticrime 
     Programs, Policy, and Assistance.--
       (1) Strengthening coordination.--The responsibilities of 
     every diplomatic mission of the United States shall include 
     the strengthening of cooperation between and among the United 
     States and foreign governmental entities and multilateral 
     entities with respect to activities relating to international 
     narcotics and crime.
       (2) Designation of officers.--
       (A) In general.--Consistent with existing memoranda of 
     understanding between the Department of State and other 
     departments and agencies of the United States, including the 
     Department of Justice, the chief of mission of every 
     diplomatic mission of the United States shall designate an 
     officer or officers within the mission to carry out the 
     responsibility of the mission under paragraph (1), including 
     the coordination of counterdrug, law enforcement, rule of 
     law, and administration of justice programs, policy, and 
     assistance. Such officer or officers shall report to the 
     chief of mission, or the designee of the chief of mission, on 
     a regular basis regarding activities undertaken in carrying 
     out such responsibility.
       (B) Reports.--The chief of mission of every diplomatic 
     mission of the United States shall submit to the Secretary on 
     a regular basis a report on the actions undertaken by the 
     mission to carry out such responsibility.
       (3) Report to congress.--Not later than 180 days after the 
     date of enactment of this Act, the Secretary shall submit to 
     the Committee on Foreign Relations of the Senate and the 
     Committee on International Relations of the House of 
     Representatives a report on the status of any proposals for 
     action or on action undertaken to improve staffing and 
     personnel management at diplomatic missions of the United 
     States in order to carry out the responsibility set forth in 
     paragraph (1).

     SEC. 2215. ANNUAL REPORT ON OVERSEAS SURPLUS PROPERTIES.

       The Foreign Service Buildings Act, 1926 (22 U.S.C. 292 et 
     seq.) is amended by adding at the end the following new 
     section:
       ``Sec. 12. Not later than March 1 of each year, the 
     Secretary of State shall submit to Congress a report listing 
     overseas United States surplus properties that are 
     administered under this Act and that have been identified for 
     sale.''.

     SEC. 2216. HUMAN RIGHTS REPORTS.

       Section 116(d) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151n(d)) is amended--
       (1) by striking ``January 31'' and inserting ``February 
     25'';
       (2) by redesignating paragraphs (3), (4), (5), and (6) as 
     paragraphs (4), (5), (6), and (7), respectively; and
       (3) by inserting after paragraph (2) the following new 
     paragraph:
       ``(3) the status of child labor practices in each country, 
     including--
       ``(A) whether such country has adopted policies to protect 
     children from exploitation in the workplace, including a 
     prohibition of forced and bonded labor and policies regarding 
     acceptable working conditions; and
       ``(B) the extent to which each country enforces such 
     policies, including the adequacy of the resources and 
     oversight dedicated to such policies;''.

     SEC. 2217. REPORTS AND POLICY CONCERNING DIPLOMATIC IMMUNITY.

       Title I of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a et seq.), as amended by this division, 
     is further amended by adding at the end the following new 
     section:

     ``SEC. 56. CRIMES COMMITTED BY DIPLOMATS.

       ``(a) Annual Report Concerning Diplomatic Immunity.--
       ``(1) Report to congress.--180 days after the date of 
     enactment, and annually thereafter, the Secretary of State 
     shall prepare and submit to the Congress, a report concerning 
     diplomatic immunity entitled ``Report on Cases Involving 
     Diplomatic Immunity''.
       ``(2) Content of report.--In addition to such other 
     information as the Secretary of State may consider 
     appropriate, the report under paragraph (1) shall include the 
     following:
       ``(A) The number of persons residing in the United States 
     who enjoy full immunity from the criminal jurisdiction of the 
     United States under laws extending diplomatic privileges and 
     immunities.
       ``(B) Each case involving an alien described in 
     subparagraph (A) in which an appropriate authority of a 
     State, a political subdivision of a State, or the United 
     States reported to the Department of State that the authority 
     had reasonable cause to believe the alien committed a serious 
     criminal offense within the United States, and any additional 
     information provided to the Secretary relating to other 
     serious criminal offenses that any such authority had 
     reasonable cause to believe the alien committed before the 
     period covered by the report. The Secretary may omit from 
     such report any matter the provision of which the Secretary 
     reasonably believes would compromise a criminal investigation 
     or prosecution or which would directly compromise law 
     enforcement or intelligence sources or methods.
       ``(C) Each case described in subparagraph (B) in which the 
     Secretary of State has certified that a person enjoys full 
     immunity from the criminal jurisdiction of the United States 
     under laws extending diplomatic privileges and immunities.
       ``(D) The number of United States citizens who are residing 
     in a receiving state and who enjoy full immunity from the 
     criminal jurisdiction of such state under laws extending 
     diplomatic privileges and immunities.
       ``(E) Each case involving a United States citizen under 
     subparagraph (D) in which the United States has been 
     requested by the government of a receiving state to waive the 
     immunity from criminal jurisdiction of the United States 
     citizen.
       ``(F) Whether the Secretary has made the notifications 
     referred to in subsection (c) during the period covered by 
     the report.
       ``(3) Serious criminal offense defined.--For the purposes 
     of this section, the term `serious criminal offense' means--
       ``(A) any felony under Federal, State, or local law;
       ``(B) any Federal, State, or local offense punishable by a 
     term of imprisonment of more than 1 year;
       ``(C) any crime of violence as defined for purposes of 
     section 16 of title 18, United States Code; or
       ``(D)(i) driving under the influence of alcohol or drugs;
       ``(ii) reckless driving; or
       ``(iii) driving while intoxicated.
       ``(b) United States Policy Concerning Reform of Diplomatic 
     Immunity.--It is the sense of the Congress that the Secretary 
     of State should explore, in appropriate fora, whether states 
     should enter into agreements and adopt legislation--
       ``(1) to provide jurisdiction in the sending state to 
     prosecute crimes committed in the receiving state by persons 
     entitled to immunity from criminal jurisdiction under laws 
     extending diplomatic privileges and immunities; and
       ``(2) to provide that where there is probable cause to 
     believe that an individual who is entitled to immunity from 
     the criminal jurisdiction of the receiving state under laws 
     extending diplomatic privileges and immunities committed a 
     serious crime, the sending state will waive such immunity or 
     the sending state will prosecute such individual.
       ``(c) Notification of Diplomatic Corps.--The Secretary 
     should periodically notify each foreign mission of United 
     States policies relating to criminal offenses committed by 
     individuals with immunity from the criminal jurisdiction of 
     the United States under laws extending diplomatic privileges 
     and immunities.''.

     SEC. 2218. REAFFIRMING UNITED STATES INTERNATIONAL 
                   TELECOMMUNICATIONS POLICY.

       (a) Procurement Policy.--It is the policy of the United 
     States to foster and support procurement of goods and 
     services from private, commercial companies.
       (b) Implementation.--In order to achieve the policy set 
     forth in subsection (a), the Diplomatic Telecommunications 
     Service Program Office (DTS-PO) shall--
       (1) utilize full and open competition, to the maximum 
     extent practicable, in the procurement of telecommunications 
     services, including satellite space segment, for the 
     Department of State and each other Federal entity represented 
     at United States diplomatic missions and consular posts 
     overseas;
       (2) make every effort to ensure and promote the 
     participation in the competition for such procurement of 
     commercial private sector providers of satellite space 
     segment who have no ownership or other connection with an 
     intergovernmental satellite organization; and
       (3) implement the competitive procedures required by 
     paragraphs (1) and (2) at the prime contracting level and, to 
     the maximum extent practicable, the subcontracting level.

     SEC. 2219. REDUCTION OF REPORTING.

       (a) Repeals.--The following provisions of law are repealed:
       (1) Model foreign language competence posts.--The second 
     sentence of section 161(c) of the Foreign Relations 
     Authorization Act, Fiscal Year 1990 and 1991 (22 U.S.C. 4171 
     note).
       (2) Actions of the government of haiti.--Section 705(c) of 
     the International Security and Development Cooperation Act of 
     1985 (Public Law 99-83).
       (3) Training facility for the foreign service institute.--
     Section 123(e)(2) of the Foreign Relations Authorization Act, 
     Fiscal Years 1986 and 1987 (Public Law 99-93).
       (4) Military assistance for haiti.--Section 203(c) of the 
     Special Foreign Assistance Act of 1986 (Public Law 99-529).
       (5) International sugar agreement, 1977.--Section 5 of the 
     Act entitled ``An Act providing for the implementation of the 
     International Sugar Agreement, 1977, and for other purposes'' 
     (Public Law 96-236; 7 U.S.C. 3605 and 3606).
       (6) Audience survey of worldnet program.--Section 209 (c) 
     and (d) of the Foreign Relations Authorization Act, Fiscal 
     Years 1988 and 1989 (Public Law 100-204).
       (7) Research on the near and middle east.--Section 228(b) 
     of the Foreign Relations Authorization Act, Fiscal Years 1992 
     and 1993 (Public Law 102-138; 22 U.S.C. 2452 note).
       (b) Progress Toward Regional Nonproliferation.--Section 
     620F(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2376(c); relating to periodic reports on progress toward 
     regional nonproliferation) is amended by striking

[[Page H11264]]

     ``Not later than April 1, 1993 and every six months 
     thereafter,'' and inserting ``Not later than April 1 of each 
     year,''.
       (c) Report on Participation by United States Military 
     Personnel Abroad in United States Elections.--Section 
     101(b)(6) of the Uniformed and Overseas Citizens Absentee 
     Voting Act of 1986 (42 U.S.C. 1973ff(b)(6)) is amended by 
     striking ``of voter participation'' and inserting ``of 
     uniformed services voter participation, a general assessment 
     of overseas nonmilitary participation,''.

       CHAPTER 2--CONSULAR AUTHORITIES OF THE DEPARTMENT OF STATE

     SEC. 2221. USE OF CERTAIN PASSPORT PROCESSING FEES FOR 
                   ENHANCED PASSPORT SERVICES.

       For each of the fiscal years 1998 and 1999, of the fees 
     collected for expedited passport processing and deposited to 
     an offsetting collection pursuant to title V of the 
     Department of State and Related Agencies Appropriations Act 
     for Fiscal Year 1995 (Public Law 103-317; 22 U.S.C. 214 
     note), 30 percent shall be available only for enhancing 
     passport services for United States citizens, improving the 
     integrity and efficiency of the passport issuance process, 
     improving the secure nature of the United States passport, 
     investigating passport fraud, and deterring entry into the 
     United States by terrorists, drug traffickers, or other 
     criminals.

     SEC. 2222. CONSULAR OFFICERS.

       (a) Persons Authorized To Issue Reports of Births Abroad.--
     Section 33 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2705) is amended in paragraph (2) by adding 
     at the end the following: ``For purposes of this paragraph, 
     the term `consular officer' includes any United States 
     citizen employee of the Department of State who is designated 
     by the Secretary of State to adjudicate nationality abroad 
     pursuant to such regulations as the Secretary may 
     prescribe.''.
       (b) Provisions Applicable to Consular Officers.--Section 
     1689 of the Revised Statutes (22 U.S.C. 4191) is amended by 
     inserting ``and to such other United States citizen employees 
     of the Department of State as may be designated by the 
     Secretary of State pursuant to such regulations as the 
     Secretary may prescribe'' after ``such officers''.
       (c) Persons Authorized To Authenticate Foreign Documents.--
       (1) Designated united states citizens performing notarial 
     acts.--Section 1750 of the Revised Statutes, as amended (22 
     U.S.C. 4221) is further amended by inserting after the first 
     sentence: ``At any post, port, or place where there is no 
     consular officer, the Secretary of State may authorize any 
     other officer or employee of the United States Government who 
     is a United States citizen serving overseas, including any 
     contract employee of the United States Government, to perform 
     such acts, and any such contractor so authorized shall not be 
     considered to be a consular officer.''.
       (2) Definition of consular officers.--Section 3492(c) of 
     title 18, United States Code, is amended by adding at the end 
     the following: ``For purposes of this section and sections 
     3493 through 3496 of this title, the term `consular officers' 
     includes any United States citizen who is designated to 
     perform notarial functions pursuant to section 1750 of the 
     Revised Statutes, as amended (22 U.S.C. 4221).''.
       (d) Persons Authorized To Administer Oaths.--Section 115 of 
     title 35, United States Code, is amended by adding at the end 
     the following: ``For purposes of this section, a consular 
     officer shall include any United States citizen serving 
     overseas, authorized to perform notarial functions pursuant 
     to section 1750 of the Revised Statutes, as amended (22 
     U.S.C. 4221).''.
       (e) Definition of Consular Officer.--Section 101(a)(9) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(9)) is 
     amended by--
       (1) inserting ``or employee'' after ``officer'' the second 
     place it appears; and
       (2) inserting before the period at the end of the sentence 
     ``or, when used in title III, for the purpose of adjudicating 
     nationality''.
       (f) Training for Employees Performing Consular Functions.--
     Section 704 of the Foreign Service Act of 1980 (22 U.S.C. 
     4024) is amended by adding at the end the following new 
     subsection:
       ``(d)(1) Before a United States citizen employee (other 
     than a diplomatic or consular officer of the United States) 
     may be designated by the Secretary of State, pursuant to 
     regulation, to perform a consular function abroad, the United 
     States citizen employee shall--
       ``(A) be required to complete successfully a program of 
     training essentially equivalent to the training that a 
     consular officer who is a member of the Foreign Service would 
     receive for purposes of performing such function; and
       ``(B) be certified by an appropriate official of the 
     Department of State to be qualified by knowledge and 
     experience to perform such function.
       ``(2) As used in this subsection, the term `consular 
     function' includes the issuance of visas, the performance of 
     notarial and other legalization functions, the adjudication 
     of passport applications, the adjudication of nationality, 
     and the issuance of citizenship documentation.''.

     SEC. 2223. REPEAL OF OUTDATED CONSULAR RECEIPT REQUIREMENTS.

       Sections 1726, 1727, and 1728 of the Revised Statutes of 
     the United States (22 U.S.C. 4212, 4213, and 4214), as 
     amended (relating to accounting for consular fees) are 
     repealed.

     SEC. 2224. ELIMINATION OF DUPLICATE FEDERAL REGISTER 
                   PUBLICATION FOR TRAVEL ADVISORIES.

       (a) Foreign Airports.--Section 44908(a) of title 49, United 
     States Code, is amended--
       (1) by inserting ``and'' at the end of paragraph (1);
       (2) by striking paragraph (2); and
       (3) by redesignating paragraph (3) as paragraph (2).
       (b) Foreign Ports.--Section 908(a) of the International 
     Maritime and Port Security Act of 1986 (46 U.S.C. App. 
     1804(a)) is amended by striking the second sentence, relating 
     to Federal Register publication by the Secretary of State.

     SEC. 2225. DENIAL OF VISAS TO CONFISCATORS OF AMERICAN 
                   PROPERTY.

       (a) Denial of Visas.--Except as otherwise provided in 
     section 401 of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (Public Law 104-114), and subject to 
     subsection (b), the Secretary of State may deny the issuance 
     of a visa to any alien who--
       (1) through the abuse of position, including a governmental 
     or political party position, converts or has converted for 
     personal gain real property that has been confiscated or 
     expropriated, a claim to which is owned by a national of the 
     United States, or who is complicit in such a conversion; or
       (2) induces any of the actions or omissions described in 
     paragraph (1) by any person.
       (b) Exceptions.--Subsection (a) shall not apply to--
       (1) any country established by international mandate 
     through the United Nations; or
       (2) any territory recognized by the United States 
     Government to be in dispute.
       (c) Reporting Requirement.--Not later than 6 months after 
     the date of enactment of this Act, and every 12 months 
     thereafter, the Secretary of State shall submit to the 
     Speaker of the House of Representatives and to the chairman 
     of the Committee on Foreign Relations of the Senate a report, 
     including--
       (1) a list of aliens who have been denied a visa under this 
     subsection; and
       (2) a list of aliens who could have been denied a visa 
     under subsection (a) but were issued a visa and an 
     explanation as to why each such visa was issued.

     SEC. 2226. INADMISSIBILITY OF ANY ALIEN SUPPORTING AN 
                   INTERNATIONAL CHILD ABDUCTOR.

       (a) Amendment of Immigration and Nationality Act.--Section 
     212(a)(10)(C) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(10)(C)) is amended by striking clause (ii) and 
     inserting the following:
       ``(ii) Aliens supporting abductors and relatives of 
     abductors.--Any alien who--
       ``(I) is known by the Secretary of State to have 
     intentionally assisted an alien in the conduct described in 
     clause (i),
       ``(II) is known by the Secretary of State to be 
     intentionally providing material support or safe haven to an 
     alien described in clause (i), or
       ``(III) is a spouse (other than the spouse who is the 
     parent of the abducted child), child (other than the abducted 
     child), parent, sibling, or agent of an alien described in 
     clause (i), if such person has been designated by the 
     Secretary of State at the Secretary's sole and unreviewable 
     discretion, is inadmissible until the child described in 
     clause (i) is surrendered to the person granted custody by 
     the order described in that clause, and such person and child 
     are permitted to return to the United States or such person's 
     place of residence.
       ``(iii) Exceptions.--Clauses (i) and (ii) shall not apply--
       ``(I) to a government official of the United States who is 
     acting within the scope of his or her official duties;
       ``(II) to a government official of any foreign government 
     if the official has been designated by the Secretary of State 
     at the Secretary's sole and unreviewable discretion; or
       ``(III) so long as the child is located in a foreign state 
     that is a party to the Convention on the Civil Aspects of 
     International Child Abduction, done at The Hague on October 
     25, 1980.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to aliens seeking admission to the United States 
     on or after the date of enactment of this Act.

                   CHAPTER 3--REFUGEES AND MIGRATION

             Subchapter A--Authorization of Appropriations

     SEC. 2231. MIGRATION AND REFUGEE ASSISTANCE.

       (a) Migration and Refugee Assistance.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated for ``Migration and Refugee Assistance'' 
     for authorized activities, $650,000,000 for the fiscal year 
     1998 and $704,500,000 for the fiscal year 1999.
       (2) Limitations.--
       (A) Limitation regarding tibetan refugees in india and 
     nepal.--Of the amounts authorized to be appropriated in 
     paragraph (1), not more than $2,000,000 for the fiscal year 
     1998 and $2,000,000 for the fiscal year 1999 are authorized 
     to be available only for humanitarian assistance, including 
     food, medicine, clothing, and medical and vocational 
     training, to Tibetan refugees in India and Nepal who have 
     fled Chinese-occupied Tibet.
       (B) Refugees resettling in israel.--Of the amounts 
     authorized to be appropriated in paragraph (1), $80,000,000 
     for the fiscal year 1998 and $80,000,000 for the fiscal year 
     1999 are authorized to be available for assistance for 
     refugees resettling in Israel from other countries.
       (C) Humanitarian assistance for displaced burmese.--Of the 
     amounts authorized to be appropriated in paragraph (1), 
     $1,500,000 for the fiscal year 1998 and $1,500,000 for the 
     fiscal year 1999 for humanitarian assistance are authorized 
     to be available, including food, medicine, clothing, and 
     medical and vocational training, to persons displaced as a 
     result of civil conflict in Burma, including persons still 
     within Burma.
       (b) Availability of Funds.--Funds appropriated pursuant to 
     this section are authorized to remain available until 
     expended.

[[Page H11265]]

                       Subchapter B--Authorities

     SEC. 2241. UNITED STATES POLICY REGARDING THE INVOLUNTARY 
                   RETURN OF REFUGEES.

       (a) In General.--None of the funds made available by this 
     subdivision shall be available to effect the involuntary 
     return by the United States of any person to a country in 
     which the person has a well-founded fear of persecution on 
     account of race, religion, nationality, membership in a 
     particular social group, or political opinion, except on 
     grounds recognized as precluding protection as a refugee 
     under the United Nations Convention Relating to the Status of 
     Refugees of July 28, 1951, and the Protocol Relating to the 
     Status of Refugees of January 31, 1967, subject to the 
     reservations contained in the United States Senate Resolution 
     of Ratification.
       (b) Migration and Refugee Assistance.--None of the funds 
     made available by section 2231 of this division or by section 
     2(c) of the Migration and Refugee Assistance Act of 1962 (22 
     U.S.C. 2601(c)) shall be available to effect the involuntary 
     return of any person to any country unless the Secretary of 
     State first notifies the appropriate congressional 
     committees, except that in the case of an emergency involving 
     a threat to human life the Secretary of State shall notify 
     the appropriate congressional committees as soon as 
     practicable.
       (c) Involuntary Return Defined.--As used in this section, 
     the term ``to effect the involuntary return'' means to 
     require, by means of physical force or circumstances 
     amounting to a threat thereof, a person to return to a 
     country against the person's will, regardless of whether the 
     person is physically present in the United States and 
     regardless of whether the United States acts directly or 
     through an agent.

     SEC. 2242. UNITED STATES POLICY WITH RESPECT TO THE 
                   INVOLUNTARY RETURN OF PERSONS IN DANGER OF 
                   SUBJECTION TO TORTURE.

       (a) Policy.--It shall be the policy of the United States 
     not to expel, extradite, or otherwise effect the involuntary 
     return of any person to a country in which there are 
     substantial grounds for believing the person would be in 
     danger of being subjected to torture, regardless of whether 
     the person is physically present in the United States.
       (b) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the heads of the appropriate agencies 
     shall prescribe regulations to implement the obligations of 
     the United States under Article 3 of the United Nations 
     Convention Against Torture and Other Forms of Cruel, Inhuman 
     or Degrading Treatment or Punishment, subject to any 
     reservations, understandings, declarations, and provisos 
     contained in the United States Senate resolution of 
     ratification of the Convention.
       (c) Exclusion of Certain Aliens.--To the maximum extent 
     consistent with the obligations of the United States under 
     the Convention, subject to any reservations, understandings, 
     declarations, and provisos contained in the United States 
     Senate resolution of ratification of the Convention, the 
     regulations described in subsection (b) shall exclude from 
     the protection of such regulations aliens described in 
     section 241(b)(3)(B) of the Immigration and Nationality Act 
     (8 U.S.C. 1231(b)(3)(B)).
       (d) Review and Construction.--Notwithstanding any other 
     provision of law, and except as provided in the regulations 
     described in subsection (b), no court shall have jurisdiction 
     to review the regulations adopted to implement this section, 
     and nothing in this section shall be construed as providing 
     any court jurisdiction to consider or review claims raised 
     under the Convention or this section, or any other 
     determination made with respect to the application of the 
     policy set forth in subsection (a), except as part of the 
     review of a final order of removal pursuant to section 242 of 
     the Immigration and Nationality Act (8 U.S.C. 1252).
       (e) Authority To Detain.--Nothing in this section shall be 
     construed as limiting the authority of the Attorney General 
     to detain any person under any provision of law, including, 
     but not limited to, any provision of the Immigration and 
     Nationality Act.
       (f) Definitions.--
       (1) Convention defined.--In this section, the term 
     ``Convention'' means the United Nations Convention Against 
     Torture and Other Forms of Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York on December 10, 
     1984.
       (2) Same terms as in the convention.--Except as otherwise 
     provided, the terms used in this section have the meanings 
     given those terms in the Convention, subject to any 
     reservations, understandings, declarations, and provisos 
     contained in the United States Senate resolution of 
     ratification of the Convention.

     SEC. 2243. REPROGRAMMING OF MIGRATION AND REFUGEE ASSISTANCE 
                   FUNDS.

       Section 34 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2706) is amended--
       (1) in subsection (a)--
       (A) by striking ``Foreign Affairs'' and inserting 
     ``International Relations and the Committee on 
     Appropriations''; and
       (B) by inserting ``and the Committee on Appropriations'' 
     after ``Foreign Relations''; and
       (2) by adding at the end the following new subsection:
       ``(c) The Secretary of State may waive the notification 
     requirement of subsection (a), if the Secretary determines 
     that failure to do so would pose a substantial risk to human 
     health or welfare. In the case of any waiver under this 
     subsection, notification to the Committee on Foreign 
     Relations and the Committee on Appropriations of the Senate 
     and the Committee on International Relations and the 
     Committee on Appropriations of the House of Representatives 
     shall be provided as soon as practicable, but not later than 
     3 days after taking the action to which the notification 
     requirement was applicable, and shall contain an explanation 
     of the emergency circumstances.''.

     SEC. 2244. ELIGIBILITY FOR REFUGEE STATUS.

       Section 584 of the Foreign Operations, Export Financing, 
     and Related Programs Appropriations Act, 1997 (Public Law 
     104-208; 110 Stat. 3009-171) is amended--
       (1) in subsection (a)--
       (A) by striking ``For purposes'' and inserting 
     ``Notwithstanding any other provision of law, for purposes''; 
     and
       (B) by striking ``fiscal year 1997'' and inserting ``fiscal 
     years 1997, 1998, and 1999''; and
       (2) by amending subsection (b) to read as follows:
       ``(b) Aliens Covered.--
       ``(1) In general.-- An alien described in this subsection 
     is an alien who--
       ``(A) is the son or daughter of a qualified national;
       ``(B) is 21 years of age or older; and
       ``(C) was unmarried as of the date of acceptance of the 
     alien's parent for resettlement under the Orderly Departure 
     Program.
       ``(2) Qualified national.--For purposes of paragraph (1), 
     the term `qualified national' means a national of Vietnam 
     who--
       ``(A)(i) was formerly interned in a reeducation camp in 
     Vietnam by the Government of the Socialist Republic of 
     Vietnam; or
       ``(ii) is the widow or widower of an individual described 
     in clause (i); and
       ``(B)(i) qualified for refugee processing under the 
     reeducation camp internees subprogram of the Orderly 
     Departure Program; and
       ``(ii) on or after April 1, 1995, is or has been accepted--
       ``(I) for resettlement as a refugee; or
       ``(II) for admission as an immigrant under the Orderly 
     Departure Program.''.

     SEC. 2245. REPORTS TO CONGRESS CONCERNING CUBAN EMIGRATION 
                   POLICIES.

       Beginning not later than 6 months after the date of 
     enactment of this Act, and every 6 months thereafter, the 
     Secretary of State shall supplement the monthly report to 
     Congress entitled ``Update on Monitoring of Cuban Migrant 
     Returnees'' with additional information concerning the 
     methods employed by the Government of Cuba to enforce the 
     United States-Cuba agreement of September 1994 and the 
     treatment by the Government of Cuba of persons who have 
     returned to Cuba pursuant to the United States-Cuba agreement 
     of May 1995.

  TITLE XXIII--ORGANIZATION OF THE DEPARTMENT OF STATE; DEPARTMENT OF 
                  STATE PERSONNEL; THE FOREIGN SERVICE

           CHAPTER 1--ORGANIZATION OF THE DEPARTMENT OF STATE

     SEC. 2301. COORDINATOR FOR COUNTERTERRORISM.

       (a) Establishment.--Section 1 of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a) is amended by 
     adding at the end the following new subsection:
       ``(f) Coordinator for Counterterrorism.--
       ``(1) In general.--There is within the office of the 
     Secretary of State a Coordinator for Counterterrorism (in 
     this paragraph referred to as the `Coordinator') who shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate.
       ``(2) Duties.--
       ``(A) In general.--The Coordinator shall perform such 
     duties and exercise such powers as the Secretary of State 
     shall prescribe.
       ``(B) Duties described.--The principal duty of the 
     Coordinator shall be the overall supervision (including 
     policy oversight of resources) of international 
     counterterrorism activities. The Coordinator shall be the 
     principal adviser to the Secretary of State on international 
     counterterrorism matters. The Coordinator shall be the 
     principal counterterrorism official within the senior 
     management of the Department of State and shall report 
     directly to the Secretary of State.
       ``(3) Rank and status of ambassador.--The Coordinator shall 
     have the rank and status of Ambassador at Large.''.
       (b) Technical and Conforming Amendments.--Section 161 of 
     the Foreign Relations Authorization Act, Fiscal Years 1994 
     and 1995 (Public Law 103-236) is amended by striking 
     subsection (e).

     SEC. 2302. ELIMINATION OF DEPUTY ASSISTANT SECRETARY OF STATE 
                   FOR BURDENSHARING.

       Section 161 of the Foreign Relations Authorization Act, 
     Fiscal Years 1994 and 1995 (22 U.S.C. 2651a note) is amended 
     by striking subsection (f).

     SEC. 2303. PERSONNEL MANAGEMENT.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a), as amended by this division, is 
     further amended by adding at the end the following new 
     subsection:
       ``(g) Qualifications of Officer Having Primary 
     Responsibility for Personnel Management.--The officer of the 
     Department of State with primary responsibility for assisting 
     the Secretary of State with respect to matters relating to 
     personnel in the Department of State, or that officer's 
     principal deputy, shall have substantial professional 
     qualifications in the field of human resource policy and 
     management.''.

     SEC. 2304. DIPLOMATIC SECURITY.

       Section 1 of the State Department Basic Authorities Act of 
     1956 (22 U.S.C. 2651a), as amended by this division, is 
     further amended by adding at the end the following new 
     subsection:
       ``(h) Qualifications of Officer Having Primary 
     Responsibility for Diplomatic Security.--The officer of the 
     Department of State

[[Page H11266]]

     with primary responsibility for assisting the Secretary of 
     State with respect to diplomatic security, or that officer's 
     principal deputy, shall have substantial professional 
     qualifications in the fields of (1) management, and (2) 
     Federal law enforcement, intelligence, or security.''.

     SEC. 2305. NUMBER OF SENIOR OFFICIAL POSITIONS AUTHORIZED FOR 
                   THE DEPARTMENT OF STATE.

       (a) Under Secretaries.--
       (1) In general.--Section 1(b) of the State Department Basic 
     Authorities Act of 1956 (22 U.S.C. 2651a(b)) is amended by 
     striking ``5'' and inserting ``6''.
       (2) Conforming amendment to title 5.--Section 5314 of title 
     5, United States Code, is amended by striking ``Under 
     Secretaries of State (5)'' and inserting ``Under Secretaries 
     of State (6)''.
       (b) Assistant Secretaries.--
       (1) In general.--Section 1(c)(1) of the State Department 
     Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(1)) is 
     amended by striking ``20'' and inserting ``24''.
       (2) Conforming amendment to title 5.--Section 5315 of title 
     5, United States Code, is amended by striking ``Assistant 
     Secretaries of State (20)'' and inserting ``Assistant 
     Secretaries of State (24)''.
       (c) Deputy Assistant Secretaries.--Section 1 of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 2651a), 
     as amended by this division, is further amended--
       (1) by striking subsection (d); and
       (2) by redesignating subsections (e), (f), (g), and (h) as 
     subsections (d), (e), (f), and (g), respectively.

     SEC. 2306. NOMINATION OF UNDER SECRETARIES AND ASSISTANT 
                   SECRETARIES OF STATE.

       (a) Under Secretaries of State.--Section 1(b) of the State 
     Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(c)), as amended by this division, is further amended by 
     adding at the end the following new paragraph:
       ``(4) Nomination of Under Secretaries.--Whenever the 
     President submits to the Senate a nomination of an individual 
     for appointment to a position in the Department of State that 
     is described in paragraph (1), the President shall designate 
     the particular Under Secretary position in the Department of 
     State that the individual shall have.''.
       (b) Assistant Secretaries of State.--Section 1(c) of the 
     State Department Basic Authorities Act of 1956 (22 U.S.C. 
     2651a(c)), as amended by this division, is further amended by 
     adding at the end the following new paragraph:
       ``(3) Nomination of Assistant Secretaries.--Whenever the 
     President submits to the Senate a nomination of an individual 
     for appointment to a position in the Department of State that 
     is described in paragraph (1), the President shall designate 
     the regional or functional bureau or bureaus of the 
     Department of State with respect to which the individual 
     shall have responsibility.''.

  CHAPTER 2--PERSONNEL OF THE DEPARTMENT OF STATE; THE FOREIGN SERVICE

     SEC. 2311. FOREIGN SERVICE REFORM.

       (a) Performance Pay.--Section 405 of the Foreign Service 
     Act of 1980 (22 U.S.C. 3965) is amended--
       (1) in subsection (a), by striking ``Members'' and 
     inserting ``Subject to subsection (e), members''; and
       (2) by adding at the end the following new subsection:
       ``(e) Notwithstanding any other provision of law, the 
     Secretary of State may provide for recognition of the 
     meritorious or distinguished service of any member of the 
     Foreign Service described in subsection (a) (including any 
     member of the Senior Foreign Service) by means other than an 
     award of performance pay in lieu of making such an award 
     under this section.''.
       (b) Expedited Separation Out.--
       (1) Separation of lowest ranked foreign service members.--
     Not later than 90 days after the date of enactment of this 
     Act, the Secretary of State shall develop and implement 
     procedures to identify, and recommend for separation, any 
     member of the Foreign Service ranked by promotion boards of 
     the Department of State in the bottom 5 percent of his or her 
     class for 2 or more of the 5 years preceding the date of 
     enactment of this Act (in this subsection referred to as the 
     ``years of lowest ranking'') if the rating official for such 
     member was not the same individual for any two of the years 
     of lowest ranking.
       (2) Special internal reviews.--In any case where the member 
     was evaluated by the same rating official in any 2 of the 
     years of lowest ranking, an internal review of the member's 
     file shall be conducted to determine whether the member 
     should be considered for action leading to separation.
       (3) Procedures.--The Secretary of State shall develop 
     procedures for the internal reviews required under paragraph 
     (2).

     SEC. 2312. RETIREMENT BENEFITS FOR INVOLUNTARY SEPARATION.

       (a) Benefits.--Section 609 of the Foreign Service Act of 
     1980 (22 U.S.C. 4009) is amended--
       (1) in subsection (a)(2)(A), by inserting ``or any other 
     applicable provision of chapter 84 of title 5, United States 
     Code,'' after ``section 811'';
       (2) in subsection (a), by inserting ``or section 855, as 
     appropriate'' after ``section 806''; and
       (3) in subsection (b)(2)--
       (A) by striking ``(2)'' and inserting ``(2)(A) for those 
     participants in the Foreign Service Retirement and Disability 
     System,''; and
       (B) by inserting before the period at the end ``; and (B) 
     for those participants in the Foreign Service Pension System, 
     benefits as provided in section 851''; and
       (4) in subsection (b) in the matter following paragraph 
     (2), by inserting ``(for participants in the Foreign Service 
     Retirement and Disability System) or age 62 (for participants 
     in the Foreign Service Pension System)'' after ``age 60''.
       (b) Entitlement to Annuity.--Section 855(b) of the Foreign 
     Service Act of 1980 (22 U.S.C. 4071d(b)) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``611,'' after ``608,'';
       (B) by inserting ``or for participants in the Foreign 
     Service Pension System,'' after ``for participants in the 
     Foreign Service Retirement and Disability System''; and
       (C) by striking ``Service shall'' and inserting ``Service, 
     shall''; and
       (2) in paragraph (3), by striking ``or 610'' and inserting 
     ``610, or 611''.
       (c) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall take effect on the date 
     of the enactment of this Act.
       (2) Exceptions.--The amendments made by paragraphs (2) and 
     (3) of subsection (a) and paragraphs (1)(A) and (2) of 
     subsection (b) shall apply with respect to any actions taken 
     under section 611 of the Foreign Service Act of 1980 on or 
     after January 1, 1996.

     SEC. 2313. AUTHORITY OF SECRETARY TO SEPARATE CONVICTED 
                   FELONS FROM THE FOREIGN SERVICE.

       Section 610(a)(2) of the Foreign Service Act of 1980 (22 
     U.S.C. 4010(a)(2)) is amended in the first sentence by 
     striking ``A member'' and inserting ``Except in the case of 
     an individual who has been convicted of a crime for which a 
     sentence of imprisonment of more than 1 year may be imposed, 
     a member''.

     SEC. 2314. CAREER COUNSELING.

       (a) In General.--Section 706(a) of the Foreign Service Act 
     of 1980 (22 U.S.C. 4026(a)) is amended by adding at the end 
     the following new sentence: ``Career counseling and related 
     services provided pursuant to this Act shall not be construed 
     to permit an assignment that consists primarily of paid time 
     to conduct a job search and without other substantive duties 
     for more than one month.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall be effective 180 days after the date of the enactment 
     of this Act.

     SEC. 2315. LIMITATIONS ON MANAGEMENT ASSIGNMENTS.

       Section 1017(e)(2) of the Foreign Service Act of 1980 (22 
     U.S.C. 4117(e)(2)) is amended to read as follows:
       ``(2) For the purposes of paragraph (1)(A)(ii) and 
     paragraph (1)(B), the term `management official' does not 
     include--
       ``(A) any chief of mission;
       ``(B) any principal officer or deputy principal officer;
       ``(C) any administrative or personnel officer abroad; or
       ``(D) any individual described in section 1002(12) (B), 
     (C), or (D) who is not involved in the administration of this 
     chapter or in the formulation of the personnel policies and 
     programs of the Department.''.

     SEC. 2316. AVAILABILITY PAY FOR CERTAIN CRIMINAL 
                   INVESTIGATORS WITHIN THE DIPLOMATIC SECURITY 
                   SERVICE.

       (a) In General.--Section 5545a of title 5, United States 
     Code, is amended by adding at the end the following:
       ``(k)(1) For purposes of this section, the term `criminal 
     investigator' includes a special agent occupying a position 
     under title II of Public Law 99-399 if such special agent--
       ``(A) meets the definition of such term under paragraph (2) 
     of subsection (a) (applied disregardingthe parenthetical 
     matter before subparagraph (A) thereof); and
       ``(B) such special agent satisfies the requirements of 
     subsection (d) without taking into account any hours 
     described in paragraph (2)(B) thereof.
       ``(2) In applying subsection (h) with respect to a special 
     agent under this subsection--
       ``(A) any reference in such subsection to `basic pay' shall 
     be considered to include amounts designated as `salary';
       ``(B) paragraph (2)(A) of such subsection shall be 
     considered to include (in addition to the provisions of law 
     specified therein) sections 609(b)(1), 805, 806, and 856 of 
     the Foreign Service Act of 1980; and
       ``(C) paragraph (2)(B) of such subsection shall be applied 
     by substituting for `Office of Personnel Management' the 
     following: `Office of Personnel Management or the Secretary 
     of State (to the extent that matters exclusively within the 
     jurisdiction of the Secretary are concerned)'.''.
       (b) Implementation.--Not later than the date on which the 
     amendments made by this section take effect, each special 
     agent of the Diplomatic Security Service who satisfies the 
     requirements of subsection (k)(1) of section 5545a of title 
     5, United States Code, as amended by this section, and the 
     appropriate supervisory officer, to be designated by the 
     Secretary of State, shall make an initial certification to 
     the Secretary of State that the special agent is expected to 
     meet the requirements of subsection (d) of such section 
     5545a. The Secretary of State may prescribe procedures 
     necessary to administer this subsection.
       (c) Technical and Conforming Amendments.--(1) Paragraph (2) 
     of section 5545a(a) of title 5, United States Code, is 
     amended (in the matter before subparagraph (A)) by striking 
     ``Public Law 99-399)'' and inserting ``Public Law 99-399, 
     subject to subsection (k))''.
       (2) Section 5542(e) of such title is amended by striking 
     ``title 18, United States Code,'' and inserting ``title 18 or 
     section 37(a)(3) of the State Department Basic Authorities 
     Act of 1956,''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first applicable 
     pay period--

[[Page H11267]]

       (1) which begins on or after the 90th day following the 
     date of the enactment of this Act; and
       (2) on which date all regulations necessary to carry out 
     such amendments are (in the judgment of the Director of the 
     Office of Personnel Management and the Secretary of State) in 
     effect.

     SEC. 2317. NONOVERTIME DIFFERENTIAL PAY.

       Title 5 of the United States Code is amended--
       (1) in section 5544(a), by inserting after the fourth 
     sentence the following new sentence: ``For employees serving 
     outside the United States in areas where Sunday is a routine 
     workday and another day of the week is officially recognized 
     as the day of rest and worship, the Secretary of State may 
     designate the officially recognized day of rest and worship 
     as the day with respect to which the preceding sentence shall 
     apply instead of Sunday.''; and
       (2) at the end of section 5546(a), by adding the following 
     new sentence: ``For employees serving outside the United 
     States in areas where Sunday is a routine workday and another 
     day of the week is officially recognized as the day of rest 
     and worship, the Secretary of State may designate the 
     officially recognized day of rest and worship as the day with 
     respect to which the preceding sentence shall apply instead 
     of Sunday.''.

     SEC. 2318. REPORT CONCERNING MINORITIES AND THE FOREIGN 
                   SERVICE.

       The Secretary of State shall during each of calendar years 
     1998 and 1999 submit a report to the Congress concerning 
     minorities and the Foreign Service officer corps. In addition 
     to such other information as is relevant to this issue, the 
     report shall include the following data for the last 
     preceding examination and promotion cycles for which such 
     information is available (reported in terms of real numbers 
     and percentages and not as ratios):
       (1) The numbers and percentages of all minorities taking 
     the written Foreign Service examination.
       (2) The numbers and percentages of all minorities 
     successfully completing and passing the written Foreign 
     Service examination.
       (3) The numbers and percentages of all minorities 
     successfully completing and passing the oral Foreign Service 
     examination.
       (4) The numbers and percentages of all minorities entering 
     the junior officers class of the Foreign Service.
       (5) The numbers and percentages of all minority Foreign 
     Service officers at each grade.
       (6) The numbers of and percentages of minorities promoted 
     at each grade of the Foreign Service officer corps.

  TITLE XXIV--UNITED STATES INFORMATIONAL, EDUCATIONAL, AND CULTURAL 
                                PROGRAMS

               CHAPTER 1--AUTHORIZATION OF APPROPRIATIONS

     SEC. 2401. INTERNATIONAL INFORMATION ACTIVITIES AND 
                   EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS.

       The following amounts are authorized to be appropriated to 
     carry out international information activities and 
     educational and cultural exchange programs under the United 
     States Information and Educational Exchange Act of 1948, the 
     Mutual Educational and Cultural Exchange Act of 1961, 
     Reorganization Plan Number 2 of 1977, the United States 
     International Broadcasting Act of 1994, the Radio 
     Broadcasting to Cuba Act, the Television Broadcasting to Cuba 
     Act, the Board for International Broadcasting Act, the North/
     South Center Act of 1991, and the National Endowment for 
     Democracy Act, and to carry out other authorities in law 
     consistent with such purposes:
       (1) International information programs.--For 
     ``International Information Programs'', $427,097,000 for the 
     fiscal year 1998 and $455,246,000 for the fiscal year 1999.
       (2) Technology fund.--For the ``Technology Fund'' for the 
     United States Information Agency, $5,050,000 for the fiscal 
     year 1998 and $5,050,000 for the fiscal year 1999.
       (3) Educational and cultural exchange programs.--
       (A) Fulbright academic exchange programs.--
       (i) Fulbright academic exchange programs.--There are 
     authorized to be appropriated for the ``Fulbright Academic 
     Exchange Programs'' (other than programs described in 
     subparagraph (B)), $99,236,000 for the fiscal year 1998 and 
     $100,000,000 for the fiscal year 1999.
       (ii) Vietnam fulbright academic exchange programs.--Of the 
     amounts authorized to be appropriated under clause (i), 
     $5,000,000 for the fiscal year 1998 and $5,000,000 for the 
     fiscal year 1999 are authorized to be available for the 
     Vietnam scholarship program established by section 229 of the 
     Foreign Relations Authorization Act, Fiscal Years 1992 and 
     1993 (Public Law 102-138).
       (B) Other educational and cultural exchange programs.--
       (i) In general.--There are authorized to be appropriated 
     for other educational and cultural exchange programs 
     authorized by law, $100,764,000 for the fiscal year 1998 and 
     $102,500,000 for the fiscal year 1999.
       (ii) South pacific exchanges.--Of the amounts authorized to 
     be appropriated under clause (i), $500,000 for the fiscal 
     year 1998 and $500,000 for the fiscal year 1999 are 
     authorized to be available for ``South Pacific Exchanges''.
       (iii) East timorese scholarships.--Of the amounts 
     authorized to be appropriated under clause (i), $500,000 for 
     the fiscal year 1998 and $500,000 for the fiscal year 1999 
     are authorized to be available for ``East Timorese 
     Scholarships''.
       (iv) Tibetan exchanges.--Of the amounts authorized to be 
     appropriated under clause (i), $500,000 for the fiscal year 
     1998 and $500,000 for the fiscal year 1999 are authorized to 
     be available for ``Educational and Cultural Exchanges with 
     Tibet'' under section 236 of the Foreign Relations 
     Authorization Act, Fiscal Years 1994 and 1995 (Public Law 
     103-236).
       (4) International broadcasting activities.--
       (A) Authorization of appropriations.--For ``International 
     Broadcasting Activities'', $340,315,000 for the fiscal year 
     1998, and $340,365,000 for the fiscal year 1999.
       (B) Allocation.--Of the amounts authorized to be 
     appropriated under subparagraph (A), the Director of the 
     United States Information Agency and the Broadcasting Board 
     of Governors shall seek to ensure that the amounts made 
     available for broadcasting to nations whose people do not 
     fully enjoy freedom of expression do not decline in 
     proportion to the amounts made available for broadcasting to 
     other nations.
       (5) Radio construction.--For ``Radio Construction'', 
     $40,000,000 for the fiscal year 1998, and $13,245,000 for the 
     fiscal year 1999.
       (6) Radio free asia.--For ``Radio Free Asia'', $24,100,000 
     for the fiscal year 1998 and $22,000,000 for the fiscal year 
     1999, and an additional $8,000,000 in fiscal year 1998 for 
     one-time capital costs.
       (7) Broadcasting to cuba.--For ``Broadcasting to Cuba'', 
     $22,095,000 for the fiscal year 1998 and $22,095,000 for the 
     fiscal year 1999.
       (8) Center for cultural and technical interchange between 
     east and west.--For the ``Center for Cultural and Technical 
     Interchange between East and West'', not more than 
     $12,000,000 for the fiscal year 1998 and not more than 
     $12,500,000 for the fiscal year 1999.
       (9) National endowment for democracy.--For the ``National 
     Endowment for Democracy'', $30,000,000 for the fiscal year 
     1998 and $31,000,000 for the fiscal year 1999.
       (10) Center for cultural and technical interchange between 
     north and south.--For ``Center for Cultural and Technical 
     Interchange between North and South'' not more than 
     $1,500,000 for the fiscal year 1998 and not more than 
     $1,750,000 for the fiscal year 1999.

                 CHAPTER 2--AUTHORITIES AND ACTIVITIES

     SEC. 2411. RETENTION OF INTEREST.

       Notwithstanding any other provision of law, with the 
     approval of the National Endowment for Democracy, grant funds 
     made available by the National Endowment for Democracy may be 
     deposited in interest-bearing accounts pending disbursement, 
     and any interest which accrues may be retained by the grantee 
     without returning such interest to the Treasury of the United 
     States and interest earned may be obligated and expended for 
     the purposes for which the grant was made without further 
     appropriation.

     SEC. 2412. USE OF SELECTED PROGRAM FEES.

       Section 810 of the United States Information and 
     Educational Exchange Act of 1948 (22 U.S.C. 1475e) is amended 
     to read as follows:


                 ``use of english-teaching program fees

       ``Sec. 810. (a) In General.--Notwithstanding section 3302 
     of title 31, United States Code, or any other law or 
     limitation of authority, fees and receipts described in 
     subsection (b) are authorized to be credited each fiscal year 
     for authorized purposes to the appropriate appropriations of 
     the United States Information Agency to such extent as may be 
     provided in advance in appropriations acts.
       ``(b) Fees and Receipts Described.--The fees and receipts 
     described in this subsection are fees and payments received 
     by or for the use of the United States Information Agency 
     from or in connection with--
       ``(1) English-teaching and library services,
       ``(2) educational advising and counseling,
       ``(3) Exchange Visitor Program Services,
       ``(4) advertising and business ventures of the Voice of 
     America and the International Broadcasting Bureau,
       ``(5) cooperating international organizations, and
       ``(6) Agency-produced publications,
       ``(7) an amount not to exceed $100,000 of the payments from 
     motion picture and television programs produced or conducted 
     by or on behalf of the Agency under the authority of this Act 
     or the Mutual Education and Cultural Exchange Act of 1961.''.

     SEC. 2413. MUSKIE FELLOWSHIP PROGRAM.

       (a) Guidelines.--Section 227(c)(5) of the Foreign Relations 
     Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452 
     note) is amended by inserting ``journalism and 
     communications, education administration, public policy, 
     library and information science,'' after ``business 
     administration,'' each of the two places it appears.
       (b) Redesignation of Soviet Union.--Section 227 of the 
     Foreign Relations Authorization Act, Fiscal Years 1992 and 
     1993 (22 U.S.C. 2452 note) is amended--
       (1) in subsections (a), (b), and (c)(5), by striking 
     ``Soviet Union'' each place it appears and inserting 
     ``independent states of the former Soviet Union'';
       (2) in subsection (c)(11), by striking ``Soviet republics'' 
     and inserting ``independent states of the former Soviet 
     Union''; and
       (3) in the section heading, by inserting ``INDEPENDENT 
     STATES OF THE FORMER'' after ``FROM THE''.

     SEC. 2414. WORKING GROUP ON UNITED STATES GOVERNMENT-
                   SPONSORED INTERNATIONAL EXCHANGES AND TRAINING.

       Section 112 of the Mutual Educational and Cultural Exchange 
     Act of 1961 (22 U.S.C. 2460) is amended by adding at the end 
     the following new subsection:
       ``(g) Working Group on United States Government Sponsored 
     International Exchanges and Training.--(1) In order to carry 
     out the purposes of subsection (f) and to improve the 
     coordination, efficiency, and effectiveness of United States 
     Government-sponsored

[[Page H11268]]

     international exchanges and training, there is established 
     within the United States Information Agency a senior-level 
     interagency working group to be known as the Working Group on 
     United States Government-Sponsored International Exchanges 
     and Training (in this section referred to as the `Working 
     Group').
       ``(2) For purposes of this subsection, the term 
     `Government-sponsored international exchanges and training' 
     means the movement of people between countries to promote the 
     sharing of ideas, to develop skills, and to foster mutual 
     understanding and cooperation, financed wholly or in part, 
     directly or indirectly, with United States Government funds.
       ``(3) The Working Group shall be composed as follows:
       ``(A) The Associate Director for Educational and Cultural 
     Affairs of the United States Information Agency, who shall 
     act as Chair.
       ``(B) A senior representative of the Department of State, 
     who shall be designated by the Secretary of State.
       ``(C) A senior representative of the Department of Defense, 
     who shall be designated by the Secretary of Defense.
       ``(D) A senior representative of the Department of 
     Education, who shall be designated by the Secretary of 
     Education.
       ``(E) A senior representative of the Department of Justice, 
     who shall be designated by the Attorney General.
       ``(F) A senior representative of the Agency for 
     International Development, who shall be designated by the 
     Administrator of the Agency.
       ``(G) Senior representatives of such other departments and 
     agencies as the Chair determines to be appropriate.
       ``(4) Representatives of the National Security Adviser and 
     the Director of the Office of Management and Budget may 
     participate in the Working Group at the discretion of the 
     Adviser and the Director, respectively.
       ``(5) The Working Group shall be supported by an 
     interagency staff office established in the Bureau of 
     Educational and Cultural Affairs of the United States 
     Information Agency.
       ``(6) The Working Group shall have the following purposes 
     and responsibilities:
       ``(A) To collect, analyze, and report data provided by all 
     United States Government departments and agencies conducting 
     international exchanges and training programs.
       ``(B) To promote greater understanding and cooperation 
     among concerned United States Government departments and 
     agencies of common issues and challenges in conducting 
     international exchanges and training programs, including 
     through the establishment of a clearinghouse for information 
     on international exchange and training activities in the 
     governmental and nongovernmental sectors.
       ``(C) In order to achieve the most efficient and cost-
     effective use of Federal resources, to identify 
     administrative and programmatic duplication and overlap of 
     activities by the various United States Government 
     departments and agencies involved in Government-sponsored 
     international exchange and training programs, to identify how 
     each Government-sponsored international exchange and training 
     program promotes United States foreign policy, and to report 
     thereon.
       ``(D)(i) Not later than 1 year after the date of the 
     enactment of the Foreign Relations Authorization Act, Fiscal 
     Years 1998 and 1999, the Working Group shall develop a 
     coordinated and cost-effective strategy for all United States 
     Government-sponsored international exchange and training 
     programs, including an action plan with the objective of 
     achieving a minimum of 10 percent cost savings through 
     greater efficiency, the consolidation of programs, or the 
     elimination of duplication, or any combination thereof.
       ``(ii) Not later than 1 year after the date of enactment of 
     the Foreign Relations Authorization Act, Fiscal Years 1998 
     and 1999, the Working Group shall submit a report to the 
     appropriate congressional committees setting forth the 
     strategy and action plan required by clause (i).
       ``(iii) Each year thereafter the Working Group shall assess 
     the strategy and plan required by clause (i).
       ``(E) Not later than 2 years after the date of the 
     enactment of the Foreign Relations Authorization Act, Fiscal 
     Years 1998 and 1999, to develop recommendations on common 
     performance measures for all United States Government-
     sponsored international exchange and training programs, and 
     to issue a report.
       ``(F) To conduct a survey of private sector international 
     exchange activities and develop strategies for expanding 
     public and private partnerships in, and leveraging private 
     sector support for, United States Government-sponsored 
     international exchange and training activities.
       ``(G) Not later than 6 months after the date of the 
     enactment of the Foreign Relations Authorization Act, Fiscal 
     Years 1998 and 1999, to report on the feasibility and 
     advisability of transferring funds and program management for 
     the ATLAS or the Mandela Fellows programs, or both, in South 
     Africa from the Agency for International Development to the 
     United States Information Agency. The report shall include an 
     assessment of the capabilities of the South African Fulbright 
     Commission to manage such programs and the cost effects of 
     consolidating such programs under one entity.
       ``(7) All reports prepared by the Working Group shall be 
     submitted to the President, through the Director of the 
     United States Information Agency.
       ``(8) The Working Group shall meet at least on a quarterly 
     basis.
       ``(9) All decisions of the Working Group shall be by 
     majority vote of the members present and voting.
       ``(10) The members of the Working Group shall serve without 
     additional compensation for their service on the Working 
     Group. Any expenses incurred by a member of the Working Group 
     in connection with service on the Working Group shall be 
     compensated by that member's department or agency.
       ``(11) With respect to any report issued under paragraph 
     (6), a member may submit dissenting views to be submitted as 
     part of the report of the Working Group.''.

     SEC. 2415. EDUCATIONAL AND CULTURAL EXCHANGES AND 
                   SCHOLARSHIPS FOR TIBETANS AND BURMESE.

       (a) In General.--Section 103(b)(1) of the Human Rights, 
     Refugee, and Other Foreign Relations Provisions Act of 1996 
     (Public Law 104-319; 22 U.S.C. 2151 note) is amended--
       (1) by striking ``for fiscal year 1997'' and inserting 
     ``for the fiscal year 1999''; and
       (2) by inserting after ``who are outside Tibet'' the 
     following: ``(if practicable, including individuals active in 
     the preservation of Tibet's unique culture, religion, and 
     language)''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on October 1, 1998.

     SEC. 2416. SURROGATE BROADCASTING STUDY.

       Not later than 6 months after the date of enactment of this 
     Act, the Broadcasting Board of Governors, acting through the 
     International Broadcasting Bureau, should conduct and 
     complete a study of the appropriateness, feasibility, and 
     projected costs of providing surrogate broadcasting service 
     to Africa and transmit the results of the study to the 
     appropriate congressional committees.

     SEC. 2417. RADIO BROADCASTING TO IRAN IN THE FARSI LANGUAGE.

       (a) Radio Free Iran.--Not more than $2,000,000 of the funds 
     made available under section 2401(a)(4) of this division for 
     each of the fiscal years 1998 and 1999 for grants to RFE/RL, 
     Incorporated, shall be available only for surrogate radio 
     broadcasting by RFE/RL, Incorporated, to the Iranian people 
     in the Farsi language, such broadcasts to be designated as 
     ``Radio Free Iran''.
       (b) Report to Congress.--Not later than 60 days after the 
     date of enactment of this Act, the Broadcasting Board of 
     Governors of the United States Information Agency shall 
     submit a detailed report to Congress describing the costs, 
     implementation, and plans for creation of the surrogate 
     broadcasting service described in subsection (a).
       (c) Availability of Funds.--None of the funds made 
     available under subsection (a) may be made available report 
     required under subsection (b).

     SEC. 2418. AUTHORITY TO ADMINISTER SUMMER TRAVEL AND WORK 
                   PROGRAMS.

       The Director of the United States Information Agency is 
     authorized to administer summer travel and work programs 
     without regard to preplacement requirements.

     SEC. 2419. PERMANENT ADMINISTRATIVE AUTHORITIES REGARDING 
                   APPROPRIATIONS.

       Section 701(f) of the United States Information and 
     Educational Exchange Act of 1948 (22 U.S.C. 1476(f)) is 
     amended by striking paragraph (4).

     SEC. 2420. VOICE OF AMERICA BROADCASTS.

       (a) In General.--The Voice of America shall devote 
     programming each day to broadcasting information on the 
     individual States of the United States. The broadcasts shall 
     include--
       (1) information on the products, tourism, and cultural and 
     educational facilities of each State;
       (2) information on the potential for trade with each State; 
     and
       (3) discussions with State officials with respect to the 
     matters described in paragraphs (1) and (2).
       (b) Report.--Not later than one year after the date of 
     enactment of this Act, the Broadcasting Board of Governors of 
     the United States Information Agency shall submit a report to 
     Congress detailing the actions that have been taken to carry 
     out subsection (a).
       (c) State Defined.--In this section, the term ``State'' 
     means any of the several States of the United States, the 
     District of Columbia, or any commonwealth or territory of the 
     United States.

    TITLE XXV--INTERNATIONAL ORGANIZATIONS OTHER THAN UNITED NATIONS

     SEC. 2501. INTERNATIONAL CONFERENCES AND CONTINGENCIES.

       There are authorized to be appropriated for ``International 
     Conferences and Contingencies'', $6,537,000 for the fiscal 
     year 1998 and $16,223,000 for the fiscal year 1999 for the 
     Department of State to carry out the authorities, functions, 
     duties, and responsibilities in the conduct of the foreign 
     affairs of the United States with respect to international 
     conferences and contingencies and to carry out other 
     authorities in law consistent with such purposes.

     SEC. 2502. RESTRICTION RELATING TO UNITED STATES ACCESSION TO 
                   ANY NEW INTERNATIONAL CRIMINAL TRIBUNAL.

       (a) Prohibition.--The United States shall not become a 
     party to any new international criminal tribunal, nor give 
     legal effect to the jurisdiction of such a tribunal over any 
     matter described in subsection (b), except pursuant to--
       (1) a treaty made under Article II, section 2, clause 2 of 
     the Constitution of the United States on or after the date of 
     enactment of this Act; or
       (2) any statute enacted by Congress on or after the date of 
     enactment of this Act.
       (b) Jurisdiction Described.--The jurisdiction described in 
     this section is jurisdiction over--
       (1) persons found, property located, or acts or omissions 
     committed, within the territory of the United States; or
       (2) nationals of the United States, wherever found.
       (c) Statutory Construction.--Nothing in this section 
     precludes sharing information, expertise, or other forms of 
     assistance with such tribunal.

[[Page H11269]]

       (d) Definition.--The term ``new international criminal 
     tribunal'' means any permanent international criminal 
     tribunal established on or after the date of enactment of 
     this Act and does not include--
       (1) the International Tribunal for the Prosecution of 
     Persons Responsible for Serious Violations of International 
     Humanitarian Law in the Territory of the Former Yugoslavia, 
     as established by United Nations Security Council Resolution 
     827 of May 25, 1993; or
       (2) the International Tribunal for the Prosecution of 
     Persons Responsible for Genocide and Other Serious Violations 
     of International Humanitarian Law Committed in the Territory 
     of Rwanda and Rwandan Citizens Responsible for Genocide and 
     Other Such Violations Committed in the Territory of 
     Neighboring States, as established by United Nations Security 
     Council Resolution 955 of November 8, 1994.

     SEC. 2503. UNITED STATES MEMBERSHIP IN THE BUREAU OF THE 
                   INTERPARLIAMENTARY UNION.

       (a) Interparliamentary Union Limitation.--Unless the 
     Secretary of State certifies to Congress that the United 
     States will be assessed not more than $500,000 for its annual 
     contribution to the Bureau of the Interparliamentary Union 
     during fiscal year 1999, then effective October 1, 1999, the 
     authority for further participation by the United States in 
     the Bureau shall terminate in accordance with subsection (d).
       (b) Elimination of Authority To Pay Expenses of the 
     American Group.--Section 1 of the Act entitled ``An Act to 
     authorize participation by the United States in the 
     Interparliamentary Union'', approved June 28, 1935 (22 U.S.C. 
     276) is amended--
       (1) in the first sentence--
       (A) by striking ``fiscal year'' and all that follows 
     through ``(1) for'' and inserting ``fiscal year for'';
       (B) by striking ``; and''; and
       (C) by striking paragraph (2); and
       (2) by striking the second sentence.
       (c) Elimination of Permanent Appropriation.--Section 303 of 
     the Departments of Commerce, Justice, and State, the 
     Judiciary, and Related Agencies Appropriations Act, 1988 (as 
     contained in section 101(a) of the Continuing Appropriations 
     Act, 1988 (Public Law 100-202; 22 U.S.C. 276 note)) is 
     amended--
       (1) by striking ``$440,000'' and inserting ``$350,000''; 
     and
       (2) by striking ``paragraph (2) of the first section of 
     Public Law 74-170,''.
       (d) Conditional Termination of Authority.--Unless Congress 
     receives the certification described in subsection (a) before 
     October 1, 1999, effective on that date the Act entitled ``An 
     Act to authorize participation by the United States in the 
     Interparliamentary Union'', approved June 28, 1935 (22 U.S.C. 
     276-276a-4) is repealed.
       (e) Transfer of Funds to the Treasury.--Unobligated 
     balances of appropriations made under section 303 of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act 1988 (as contained in 
     section 101(a) of the Continuing Appropriations Act, 1988; 
     Public Law 100-202) that are available as of the day before 
     the date of enactment of this Act shall be transferred on 
     such date to the general fund of the Treasury of the United 
     States.

     SEC. 2504. SERVICE IN INTERNATIONAL ORGANIZATIONS.

       (a) In General.--Section 3582(b) of title 5, United States 
     Code, is amended by striking all after the first sentence and 
     inserting the following: ``On reemployment, an employee 
     entitled to the benefits of subsection (a) is entitled to the 
     rate of basic pay to which the employee would have been 
     entitled had the employee remained in the civil service. On 
     reemployment, the agency shall restore the sick leave account 
     of the employee, by credit or charge, to its status at the 
     time of transfer. The period of separation caused by the 
     employment of the employee with the international 
     organization and the period necessary to effect reemployment 
     are deemed creditable service for all appropriate civil 
     service employment purposes. This subsection does not apply 
     to a congressional employee.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to transfers that take effect on or 
     after the date of enactment of this Act.

     SEC. 2505. REPORTS REGARDING FOREIGN TRAVEL.

       (a) Prohibition.--Except as provided in subsection (e), 
     none of the funds authorized to be appropriated by this 
     division for fiscal year 1999 may be used to pay for the 
     expenses of foreign travel by an officer or employee of an 
     Executive branch agency to attend an international 
     conference, or for the routine services that a United States 
     diplomatic mission or consular post provides in support of 
     foreign travel by such an officer or employee to attend an 
     international conference, unless that officer or employee has 
     submitted a preliminary report with respect to that foreign 
     travel in accordance with subsection (b), and has not 
     previously failed to submit a final report with respect to 
     foreign travel to attend an international conference required 
     by subsection (c).
       (b) Preliminary Reports.--A preliminary report referred to 
     in subsection (a) is a report by an officer or employee of an 
     Executive branch agency with respect to proposed foreign 
     travel to attend an international conference, submitted to 
     the Director prior to commencement of the travel, setting 
     forth--
       (1) the name and employing agency of the officer or 
     employee;
       (2) the name of the official who authorized the travel; and
       (3) the purpose and duration of the travel.
       (c) Final Reports.--A final report referred to in 
     subsection (a) is a report by an officer or employee of an 
     Executive branch agency with respect to foreign travel to 
     attend an international conference, submitted to the Director 
     not later than 30 days after the conclusion of the travel--
       (1) setting forth the actual duration and cost of the 
     travel; and
       (2) updating any other information included in the 
     preliminary report.
       (d) Report to Congress.--The Director shall submit a report 
     not later than April 1, 1999, to the Committees on Foreign 
     Relations and Appropriations of the Senate and the Committees 
     on International Relations and Appropriations of the House of 
     Representatives, setting forth with respect to each 
     international conference for which reports described in 
     subsection (c) were required to be submitted to the Director 
     during the preceding six months--
       (1) the names and employing agencies of all officers and 
     employees of Executive branch agencies who attended the 
     international conference;
       (2) the names of all officials who authorized travel to the 
     international conference, and the total number of officers 
     and employees who were authorized to travel to the conference 
     by each such official; and
       (3) the total cost of travel by officers and employees of 
     Executive branch agencies to the international conference.
       (e) Exceptions.--This section shall not apply to travel 
     by--
       (1) the President or the Vice President;
       (2) any officer or employee who is carrying out an 
     intelligence or intelligence-related activity, who is 
     performing a protective function, or who is engaged in a 
     sensitive diplomatic mission; or
       (3) any officer or employee who travels prior to January 1, 
     1999.
       (f) Definitions.--In this section:
       (1) Director.--The term ``Director'' means the Director of 
     the Office of International Conferences of the Department of 
     State.
       (2) Executive branch agency.--The terms ``Executive branch 
     agency'' and ``Executive branch agencies'' mean--
       (A) an entity or entities, other than the General 
     Accounting Office, defined in section 105 of title 5, United 
     States Code; and
       (B) the Executive Office of the President (except as 
     provided in subsection (e)).
       (3) International conference.--The term ``international 
     conference'' means any meeting held under the auspices of an 
     international organization or foreign government, at which 
     representatives of more than two foreign governments are 
     expected to be in attendance, and to which United States 
     Executive branch agencies will send a total of ten or more 
     representatives.
       (g) Report.--Not later than 180 days after the date of 
     enactment of this Act, and annually thereafter, the President 
     shall submit to the appropriate congressional committees a 
     report describing--
       (1) the total Federal expenditure of all official 
     international travel in each Executive branch agency during 
     the previous fiscal year; and
       (2) the total number of individuals in each agency who 
     engaged in such travel.

     TITLE XXVI--UNITED STATES ARMS CONTROL AND DISARMAMENT AGENCY

     SEC. 2601. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out the 
     purposes of the Arms Control and Disarmament Act $41,500,000 
     for the fiscal year 1999.

     SEC. 2602. STATUTORY CONSTRUCTION.

       Section 303 of the Arms Control and Disarmament Act (22 
     U.S.C. 2573), as redesignated by section 2223 of this 
     division, is amended by adding at the end the following new 
     subsection:
       ``(c) Statutory Construction.--Nothing contained in this 
     chapter shall be construed to authorize any policy or action 
     by any Government agency which would interfere with, 
     restrict, or prohibit the acquisition, possession, or use of 
     firearms by an individual for the lawful purpose of personal 
     defense, sport, recreation, education, or training.''.

               TITLE XXVII--EUROPEAN SECURITY ACT OF 1998

     SEC. 2701. SHORT TITLE.

       This title may be cited as the ``European Security Act of 
     1998''.

     SEC. 2702. STATEMENT OF POLICY.

       (a) Policy With Respect to NATO Enlargement.--Congress 
     urges the President to outline a clear and complete strategic 
     rationale for the enlargement of the North Atlantic Treaty 
     Organization (NATO), and declares that--
       (1) Poland, Hungary, and the Czech Republic should not be 
     the last emerging democracies in Central and Eastern Europe 
     invited to join NATO;
       (2) the United States should ensure that NATO continues a 
     process whereby all other emerging democracies in Central and 
     Eastern Europe that wish to join NATO will be considered for 
     membership in NATO as soon as they meet the criteria for such 
     membership;
       (3) the United States should ensure that no limitations are 
     placed on the numbers of NATO troops or types of equipment, 
     including tactical nuclear weapons, to be deployed on the 
     territory of new member states;
       (4) the United States should reject all efforts to 
     condition NATO decisions on review or approval by the United 
     Nations Security Council;
       (5) the United States should clearly delineate those NATO 
     deliberations, including but not limited to discussions on 
     arms control, further Alliance enlargement, procurement 
     matters, and strategic doctrine, that are not subject to 
     review or discussion in the NATO-Russia Permanent Joint 
     Council;
       (6) the United States should work to ensure that countries 
     invited to join the Alliance are provided an immediate seat 
     in NATO discussions; and
       (7) the United States already pays more than a 
     proportionate share of the costs of the common defense of 
     Europe and should obtain, in advance, agreement on an 
     equitable distribution of

[[Page H11270]]

     the cost of NATO enlargement to ensure that the United States 
     does not continue to bear a disproportionate burden.
       (b) Policy With Respect to Negotiations With Russia.--
       (1) Implementation.--NATO enlargement should be carried out 
     in such a manner as to underscore the Alliance's defensive 
     nature and demonstrate to Russia that NATO enlargement will 
     enhance the security of all countries in Europe, including 
     Russia. Accordingly, the United States and its NATO allies 
     should make this intention clear in negotiations with Russia, 
     including negotiations regarding adaptation of the 
     Conventional Armed Forces in Europe (CFE) Treaty of November 
     19, 1990.
       (2) Limitations on commitments to russia.--In seeking to 
     demonstrate to Russia NATO's defensive and security-enhancing 
     intentions, it is essential that neither fundamental United 
     States security interests in Europe nor the effectiveness and 
     flexibility of NATO as a defensive alliance be jeopardized. 
     In particular, no commitments should be made to Russia that 
     would have the effect of--
       (A) extending rights or imposing responsibilities on new 
     NATO members different from those applicable to current NATO 
     members, including rights or responsibilities with respect to 
     the deployment of nuclear weapons and the stationing of 
     troops and equipment from other NATO members;
       (B) limiting the ability of NATO to defend the territory of 
     new NATO members by, for example, restricting the 
     construction of defense infrastructure or limiting the 
     ability of NATO to deploy necessary reinforcements;
       (C) providing any international organization, or any 
     country that is not a member of NATO, with authority to 
     delay, veto, or otherwise impede deliberations and decisions 
     of the North Atlantic Council or the implementation of such 
     decisions, including deliberations and decisions with respect 
     to the deployment of NATO forces or the admission of 
     additional members to NATO;
       (D) impeding the development of enhanced relations between 
     NATO and other European countries that do not belong to the 
     Alliance;
       (E) establishing a nuclear weapons-free zone in Central or 
     Eastern Europe;
       (F) requiring NATO to subsidize Russian arms sales, 
     service, or support to the militaries of those former Warsaw 
     Pact countries invited to join the Alliance; or
       (G) legitimizing Russian efforts to link concessions in 
     arms control negotiations to NATO enlargement.
       (3) Commitments from russia.--In order to enhance security 
     and stability in Europe, the United States should seek 
     commitments from Russia--
       (A) to demarcate and respect all its borders with 
     neighboring states;
       (B) to achieve the immediate and complete withdrawal of any 
     armed forces and military equipment under the control of 
     Russia that are deployed on the territories of the 
     independent states of the former Soviet Union without the 
     full and complete agreement of those states;
       (C) to station its armed forces on the territory of other 
     states only with the full and complete agreement of that 
     state and in strict accordance with international law; and
       (D) to take steps to reduce further its nuclear and 
     conventional forces in Kaliningrad.
       (4) Consultations.--As negotiations on adaptation of the 
     Treaty on Conventional Armed Forces in Europe proceed, the 
     United States should engage in close and continuous 
     consultations not only with its NATO allies, but also with 
     the emerging democracies of Central and Eastern Europe, 
     Ukraine, and the South Caucasus.
       (c) Policy With Respect to Ballistic Missile Defense 
     Cooperation.--
       (1) In general.--As the United States proceeds with efforts 
     to develop defenses against ballistic missile attack, it 
     should seek to foster a climate of cooperation with Russia on 
     matters related to missile defense. In particular, the United 
     States and its NATO allies should seek to cooperate with 
     Russia in such areas as early warning.
       (2) Discussions with nato allies.--The United States should 
     initiate discussions with its NATO allies for the purpose of 
     examining the feasibility of deploying a ballistic missile 
     defense capable of protecting NATO's southern and eastern 
     flanks from a limited ballistic missile attack.
       (3) Constitutional prerogatives.--Even as the Congress 
     seeks to promote ballistic missile defense cooperation with 
     Russia, it must insist on its constitutional prerogatives 
     regarding consideration of arms control agreements with 
     Russia that bear on ballistic missile defense.

     SEC. 2703. AUTHORITIES RELATING TO NATO ENLARGEMENT.

       (a) Policy of Section.--This section is enacted in order to 
     implement the policy set forth in section 2702(a).
       (b) Designation of Additional Countries Eligible for NATO 
     Enlargement Assistance.--
       (1) Designation of additional countries.--Romania, Estonia, 
     Latvia, Lithuania, and Bulgaria are each designated as 
     eligible to receive assistance under the program established 
     under section 203(a) of the NATO Participation Act of 1994 
     (22 U.S.C. 1928 note) and shall be deemed to have been so 
     designated pursuant to section 203(d)(1) of such Act.
       (2) Rule of construction.--The designation of countries 
     pursuant to paragraph (1) as eligible to receive assistance 
     under the program established under section 203(a) of the 
     NATO Participation Act of 1994--
       (A) is in addition to the designation of other countries by 
     law or pursuant to section 203(d)(2) of such Act as eligible 
     to receive assistance under the program established under 
     section 203(a) of such Act; and
       (B) shall not preclude the designation by the President of 
     other emerging democracies in Central and Eastern Europe 
     pursuant to section 203(d)(2) of such Act as eligible to 
     receive assistance under the program established under 
     section 203(a) of such Act.
       (3) Sense of congress.--It is the sense of Congress that 
     Romania, Estonia, Latvia, Lithuania, and Bulgaria--
       (A) are to be commended for their progress toward political 
     and economic reform and meeting the guidelines for 
     prospective NATO members;
       (B) would make an outstanding contribution to furthering 
     the goals of NATO and enhancing stability, freedom, and peace 
     in Europe should they become NATO members; and
       (C) upon complete satisfaction of all relevant criteria 
     should be invited to become full NATO members at the earliest 
     possible date.
       (c) Regional Airspace Initiative and Partnership for Peace 
     Information Management System.--
       (1) In general.--Funds described in paragraph (2) are 
     authorized to be made available to support the implementation 
     of the Regional Airspace Initiative and the Partnership for 
     Peace Information Management System, including--
       (A) the procurement of items in support of these programs; 
     and
       (B) the transfer of such items to countries participating 
     in these programs.
       (2) Funds described.--Funds described in this paragraph are 
     funds that are available--
       (A) during any fiscal year under the NATO Participation Act 
     of 1994 with respect to countries eligible for assistance 
     under that Act; or
       (B) during fiscal year 1998 under any Act to carry out the 
     Warsaw Initiative.
       (d) Extension of Authority Regarding Excess Defense 
     Articles.--Section 105 of Public Law 104-164 (110 Stat. 1427) 
     is amended by striking ``1996 and 1997'' and inserting 
     ``1997, 1998, and 1999''.
       (e) Conforming Amendments to the NATO Participation Act of 
     1994.--Section 203(c) of the NATO Participation Act of 1994 
     (22 U.S.C. 1928 note) is amended--
       (1) in paragraph (1), by striking ``, without regard to the 
     restrictions'' and all that follows through ``section)'';
       (2) by striking paragraph (2);
       (3) in paragraph (6), by striking ``appropriated under the 
     `Nonproliferation and Disarmament Fund' account'' and 
     inserting ``made available for the `Nonproliferation and 
     Disarmament Fund' ''; and
       (4) in paragraph (8)--
       (A) by striking ``any restrictions in sections 516 and 
     519'' and inserting ``section 516(e)'';
       (B) by striking ``as amended,''; and
       (C) by striking ``paragraphs (1) and (2)'' and inserting 
     ``paragraph (1)''; and
       (5) by redesignating paragraphs (3) through (8) as 
     paragraphs (2) through (7), respectively.

     SEC. 2704. SENSE OF CONGRESS WITH RESPECT TO THE TREATY ON 
                   CONVENTIONAL ARMED FORCES IN EUROPE.

       It is the sense of Congress that no revisions to the Treaty 
     on Conventional Armed Forces in Europe will be approved for 
     entry into force with respect to the United States that 
     jeopardize fundamental United States security interests in 
     Europe or the effectiveness and flexibility of NATO as a 
     defensive alliance by--
       (1) extending rights or imposing responsibilities on new 
     NATO members different from those applicable to current NATO 
     members, including rights or responsibilities with respect to 
     the deployment of nuclear weapons and the stationing of 
     troops and equipment from other NATO members;
       (2) limiting the ability of NATO to defend the territory of 
     new NATO members by, for example, restricting the 
     construction of defense infrastructure or limiting the 
     ability of NATO to deploy necessary reinforcements;
       (3) providing any international organization, or any 
     country that is not a member of NATO, with the authority to 
     delay, veto, or otherwise impede deliberations and decisions 
     of the North Atlantic Council or the implementation of such 
     decisions, including deliberations and decisions with respect 
     to the deployment of NATO forces or the admission of 
     additional members to NATO; or
       (4) impeding the development of enhanced relations between 
     NATO and other European countries that do not belong to the 
     Alliance.

     SEC. 2705. RESTRICTIONS AND REQUIREMENTS RELATING TO 
                   BALLISTIC MISSILE DEFENSE.

       (a) Policy of Section.--This section is enacted in order to 
     implement the policy set forth in section 2702(c).
       (b) Restriction on Entry Into Force of ABM/TMD Demarcation 
     Agreements.--An ABM/TMD demarcation agreement shall not be 
     binding on the United States, and shall not enter into force 
     with respect to the United States, unless, after the date of 
     enactment of this Act, that agreement is specifically 
     approved with the advice and consent of the United States 
     Senate pursuant to Article II, section 2, clause 2 of the 
     Constitution.
       (c) Sense of Congress With Respect to Demarcation 
     Agreements.--
       (1) Relationship to multilateralization of abm treaty.--It 
     is the sense of Congress that no ABM/TMD demarcation 
     agreement will be considered for advice and consent to 
     ratification unless, consistent with the certification of the 
     President pursuant to condition (9) of the resolution of 
     ratification of the CFE Flank Document, the President submits 
     for Senate advice and consent to ratification any agreement, 
     arrangement, or understanding that would--
       (A) add one or more countries as State Parties to the ABM 
     Treaty, or otherwise convert the ABM Treaty from a bilateral 
     treaty to a multilateral treaty; or
       (B) change the geographic scope or coverage of the ABM 
     Treaty, or otherwise modify the

[[Page H11271]]

     meaning of the term ``national territory'' as used in Article 
     VI and Article IX of the ABM Treaty.
       (2) Preservation of united states theater ballistic missile 
     defense potential.--It is the sense of Congress that no ABM/
     TMD demarcation agreement that would reduce the capabilities 
     of United States theater missile defense systems, or the 
     numbers or deployment patterns of such systems, will be 
     approved for entry into force with respect to the United 
     States.
       (d) Report on Cooperative Projects With Russia.--Not later 
     than January 1, 1999, and January 1, 2000, the President 
     shall submit to the Committees on International Relations, 
     National Security, and Appropriations of the House of 
     Representatives and the Committees on Foreign Relations, 
     Armed Services, and Appropriations of the Senate a report on 
     cooperative projects with Russia in the area of ballistic 
     missile defense, including in the area of early warning. Each 
     such report shall include the following:
       (1) Cooperative projects.--A description of all cooperative 
     projects conducted in the area of early warning and ballistic 
     missile defense during the preceding fiscal year and the 
     fiscal year during which the report is submitted.
       (2) Funding.--A description of the funding for such 
     projects during the preceding fiscal year and the year during 
     which the report is submitted and the proposed funding for 
     such projects for the next fiscal year.
       (3) Status of dialogue or discussions.--A description of 
     the status of any dialogue or discussions conducted during 
     the preceding fiscal year between the United States and 
     Russia aimed at exploring the potential for mutual 
     accommodation of outstanding issues between the two nations 
     on matters relating to ballistic missile defense and the ABM 
     Treaty, including the possibility of developing a strategic 
     relationship not based on mutual nuclear threats.
       (e) Definitions.--In this section:
       (1) ABM/TMD demarcation agreement.--The term ``ABM/TMD 
     demarcation agreement'' means any agreement that establishes 
     a demarcation between theater ballistic missile defense 
     systems and strategic antiballistic missile defense systems 
     for purposes of the ABM Treaty.
       (2) ABM treaty.--The term ``ABM Treaty'' means the Treaty 
     Between the United States of America and the Union of Soviet 
     Socialist Republics on the Limitation of Anti-Ballistic 
     Missile Systems, signed at Moscow on May 26, 1972 (23 UST 
     3435), and includes the Protocols to that Treaty, signed at 
     Moscow on July 3, 1974 (27 UST 1645).
             TITLE XXVIII--OTHER FOREIGN POLICY PROVISIONS

     SEC. 2801. REPORTS ON CLAIMS BY UNITED STATES FIRMS AGAINST 
                   THE GOVERNMENT OF SAUDI ARABIA.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act and every 180 days thereafter, the 
     Secretary of State, after consultation with the Secretary of 
     Defense and the Secretary of Commerce, shall submit a report 
     to the appropriate congressional committees on specific 
     actions taken by the Department of State, the Department of 
     Defense, and the Department of Commerce toward progress in 
     resolving the commercial disputes between United States firms 
     and the Government of Saudi Arabia that are described in the 
     June 30, 1993, report by the Secretary of Defense pursuant to 
     section 9140(c) of the Department of Defense Appropriations 
     Act, 1993 (Public Law 102-396), including the additional 
     claims noticed by the Department of Commerce on page 2 of 
     that report.
       (b) Termination.--Subsection (a) shall cease to have effect 
     on the earlier of--
       (1) the date of submission of the third report under that 
     subsection; or
       (2) the date that the Secretary of State, after 
     consultation with the Secretary of Defense and the Secretary 
     of Commerce, certifies in writing to the appropriate 
     congressional committees that the commercial disputes 
     referred to in subsection (a) have been resolved 
     satisfactorily.

     SEC. 2802. REPORTS ON DETERMINATIONS UNDER TITLE IV OF THE 
                   LIBERTAD ACT.

       (a) Reports Required.--Not later than 30 days after the 
     date of the enactment of this Act and every 3 months 
     thereafter during the period ending September 30, 1999, the 
     Secretary of State shall submit to the appropriate 
     congressional committees a report on the implementation of 
     section 401 of the Cuban Liberty and Democratic Solidarity 
     (LIBERTAD) Act of 1996 (22 U.S.C. 6091). Each report shall 
     include--
       (1) an unclassified list, by economic sector, of the number 
     of entities then under review pursuant to that section;
       (2) an unclassified list of all entities and a classified 
     list of all individuals that the Secretary of State has 
     determined to be subject to that section;
       (3) an unclassified list of all entities and a classified 
     list of all individuals that the Secretary of State has 
     determined are no longer subject to that section;
       (4) an explanation of the status of the review underway for 
     the cases referred to in paragraph (1); and
       (5) an unclassified explanation of each determination of 
     the Secretary of State under section 401(a) of that Act and 
     each finding of the Secretary under section 401(c) of that 
     Act--
       (A) since the date of the enactment of this Act, in the 
     case of the first report under this subsection; and
       (B) in the preceding 3-month period, in the case of each 
     subsequent report.
       (b) Protection of Identity of Concerned Entities.--In 
     preparing the report under subsection (a), the names of 
     entities shall not be identified under paragraph (1) or (4).

     SEC. 2803. REPORT ON COMPLIANCE WITH THE HAGUE CONVENTION ON 
                   INTERNATIONAL CHILD ABDUCTION.

       (a) In General.--Beginning 6 months after the date of the 
     enactment of this Act and every 12 months thereafter during 
     the period ending September 30, 1999, the Secretary of State 
     shall submit a report to the appropriate congressional 
     committees on the compliance with the provisions of the 
     Convention on the Civil Aspects of International Child 
     Abduction, done at The Hague on October 25, 1980, by the 
     signatory countries of the Convention. Each such report shall 
     include the following information:
       (1) The number of applications for the return of children 
     submitted by United States citizens to the Central Authority 
     for the United States that remain unresolved more than 18 
     months after the date of filing.
       (2) A list of the countries to which children in unresolved 
     applications described in paragraph (1) are alleged to have 
     been abducted.
       (3) A list of the countries that have demonstrated a 
     pattern of noncompliance with the obligations of the 
     Convention with respect to applications for the return of 
     children submitted by United States citizens to the Central 
     Authority for the United States.
       (4) Detailed information on each unresolved case described 
     in paragraph (1) and on actions taken by the Department of 
     State to resolve each such case.
       (5) Information on efforts by the Department of State to 
     encourage other countries to become signatories of the 
     Convention.
       (b) Definition.--In this section, the term ``Central 
     Authority for the United States'' has the meaning given the 
     term in Article 6 of the Convention on the Civil Aspects of 
     International Child Abduction, done at The Hague on October 
     25, 1980.

     SEC. 2804. SENSE OF CONGRESS RELATING TO RECOGNITION OF THE 
                   ECUMENICAL PATRIARCHATE BY THE GOVERNMENT OF 
                   TURKEY.

       It is the sense of Congress that the United States should 
     use its influence with the Government of Turkey to suggest 
     that the Government of Turkey--
       (1) recognize the Ecumenical Patriarchate and its 
     nonpolitical, religious mission;
       (2) ensure the continued maintenance of the institution's 
     physical security needs, as provided for under Turkish and 
     international law, including the Treaty of Lausanne, the 1968 
     Protocol, the Helsinki Final Act (1975), and the Charter of 
     Paris;
       (3) provide for the proper protection and safety of the 
     Ecumenical Patriarch and Patriarchate personnel; and
       (4) reopen the Ecumenical Patriarchate's Halki Patriarchal 
     School of Theology.

     SEC. 2805. REPORT ON RELATIONS WITH VIETNAM.

       In order to provide Congress with the necessary information 
     by which to evaluate the relationship between the United 
     States and Vietnam, the Secretary of State shall submit a 
     report to the appropriate congressional committees, not later 
     than 90 days after the date of enactment of this Act and 
     every 180 days thereafter during the period ending September 
     30, 1999, on the extent to which--
       (1) the Government of the Socialist Republic of Vietnam is 
     cooperating with the United States in providing the fullest 
     possible accounting of all unresolved cases of prisoners of 
     war (POWs) or persons missing-in-action (MIAs) through the 
     provision of records and the unilateral and joint recovery 
     and repatriation of American remains;
       (2) the Government of the Socialist Republic of Vietnam has 
     made progress toward the release of all political and 
     religious prisoners, including Catholic, Protestant, and 
     Buddhist clergy;
       (3) the Government of the Socialist Republic of Vietnam is 
     cooperating with requests by the United States to obtain full 
     and free access to persons of humanitarian interest to the 
     United States for interviews under the Orderly Departure 
     (ODP) and Resettlement Opportunities for Vietnamese Refugees 
     (ROVR) programs, and in providing exit visas for such 
     persons;
       (4) the Government of the Socialist Republic of Vietnam has 
     taken vigorous action to end extortion, bribery, and other 
     corrupt practices in connection with such exit visas; and
       (5) the Government of the United States is making vigorous 
     efforts to interview and resettle former reeducation camp 
     victims, their immediate families including unmarried sons 
     and daughters, former United States Government employees, and 
     other persons eligible for the ODP program, and to give such 
     persons the full benefit of all applicable United States laws 
     including sections 599D and 599E of the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act of 
     1990 (Public Law 101-167).

     SEC. 2806. REPORTS AND POLICY CONCERNING HUMAN RIGHTS 
                   VIOLATIONS IN LAOS.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of State shall submit a report to the 
     appropriate congressional committees on the allegations of 
     persecution and abuse of the Hmong and Laotian refugees who 
     have returned to Laos. The report shall include the 
     following:
       (1) A full investigation, including full documentation of 
     individual cases of persecution, of the Lao Government's 
     treatment of Hmong and Laotian refugees who have returned to 
     Laos.
       (2) The steps the Department of State will take to continue 
     to monitor any systematic human rights violations by the 
     Government of Laos.
       (3) The actions which the Department of State will take to 
     seek to ensure the cessation of human rights violations.

     SEC. 2807. REPORT ON AN ALLIANCE AGAINST NARCOTICS 
                   TRAFFICKING IN THE WESTERN HEMISPHERE.

       (a) Sense of Congress on Discussions for Alliance.--
       (1) Sense of congress.--It is the sense of Congress that 
     the President should discuss with

[[Page H11272]]

     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 one or more structures within the alliance--
       (A) to develop a regional, multilateral strategy to address 
     the threat posed to nations in the Western Hemisphere by drug 
     trafficking; and
       (B) to establish a new mechanism for improving multilateral 
     coordination of drug interdiction and drug-related law 
     enforcement activities in the Western Hemisphere.
       (b) Report.--
       (1) Requirement.--Not later than 60 days after the date of 
     enactment of this Act, the President shall submit to Congress 
     a report on the proposal discussed under subsection (a). The 
     report shall include the following:
       (A) An analysis of the reactions of the governments 
     concerned to the proposal.
       (B) An assessment of the proposal, including an evaluation 
     of the feasibility and advisability of forming the alliance.
       (C) A determination in light of the analysis and assessment 
     whether or not the formation of the alliance is in the 
     national interests of the United States.
       (D) If the President determines that the formation of the 
     alliance is in the national interests of the United States, a 
     plan for encouraging and facilitating the formation of the 
     alliance.
       (E) If the President determines that the formation of the 
     alliance is not in the national interests of the United 
     States, an alternative proposal to improve significantly 
     efforts against the threats posed by narcotics trafficking in 
     the Western Hemisphere, including an explanation of how the 
     alternative proposal will--
       (i) improve upon current cooperation and coordination of 
     counter-drug efforts among nations in the Western Hemisphere;
       (ii) provide for the allocation of the resources required 
     to make significant progress in disrupting and disbanding the 
     criminal organizations responsible for the trafficking of 
     illegal drugs in the Western Hemisphere; and
       (iii) differ from and improve upon past strategies adopted 
     by the United States Government which have failed to make 
     sufficient progress against the trafficking of illegal drugs 
     in the Western Hemisphere.
       (2) Unclassified form.--The report under paragraph (1) 
     shall be submitted in unclassified form, but may contain a 
     classified annex.

     SEC. 2808. CONGRESSIONAL STATEMENT REGARDING THE ACCESSION OF 
                   TAIWAN TO THE WORLD TRADE ORGANIZATION.

       (a) Findings.--The Congress makes the following findings:
       (1) The people of the United States and the people of the 
     Republic of China on Taiwan have long enjoyed extensive ties.
       (2) Taiwan is currently the 8th largest trading partner of 
     the United States.
       (3) The executive branch of Government has committed 
     publicly to support Taiwan's bid to join the World Trade 
     Organization and has declared that the United States will not 
     oppose this bid solely on the grounds that the People's 
     Republic of China, which also seeks membership in the World 
     Trade Organization, is not yet eligible because of its 
     unacceptable trade practices.
       (4) The United States and Taiwan have concluded discussions 
     on a variety of outstanding trade issues that remain 
     unresolved with the People's Republic of China and that are 
     necessary for the United States to support Taiwan's 
     membership in the World Trade Organization.
       (5) The reversion of control over Hong Kong--a member of 
     the World Trade Organization--to the People's Republic of 
     China in many respects affords to the People's Republic of 
     China the practical benefit of membership in the World Trade 
     Organization for a substantial portion of its trade in goods 
     despite the fact that the trade practices of the People's 
     Republic of China currently fall far short of what the United 
     States expects for membership in the World Trade 
     Organization.
       (6) The executive branch of Government has announced its 
     interest in the admission of the People's Republic of China 
     to the World Trade Organization; the fundamental sense of 
     fairness of the people of the United States warrants the 
     United States Government's support for Taiwan's relatively 
     more meritorious application for membership in the World 
     Trade Organization.
       (7) Despite having made significant progress in 
     negotiations for its accession to the World Trade 
     Organization, Taiwan has yet to offer acceptable terms of 
     accession in agricultural and certain other market sectors.
       (8) It is in the economic interest of United States 
     consumers and exporters for Taiwan to complete those 
     requirements for accession to the World Trade Organization at 
     the earliest possible moment.
       (b) Congressional Statement.--The Congress favors public 
     support by officials of the Department of State for the 
     accession of Taiwan to the World Trade Organization.

     SEC. 2809. PROGRAMS OR PROJECTS OF THE INTERNATIONAL ATOMIC 
                   ENERGY AGENCY IN CUBA.

       (a) Withholding of United States Proportional Share of 
     Assistance.--Section 307(c) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2227(c)) is amended--
       (1) by striking ``The limitations'' and inserting ``(1) 
     Subject to paragraph (2), the limitations''; and
       (2) by adding at the end the following:
       ``(2)(A) Except as provided in subparagraph (B), with 
     respect to funds authorized to be appropriated by this 
     chapter and available for the International Atomic Energy 
     Agency, the limitations of subsection (a) shall apply to 
     programs or projects of such Agency in Cuba.
       ``(B)(i) Subparagraph (A) shall not apply with respect to 
     programs or projects of the International Atomic Energy 
     Agency that provide for the discontinuation, dismantling, or 
     safety inspection of nuclear facilities or related materials, 
     or for inspections and similar activities designed to prevent 
     the development of nuclear weapons by a country described in 
     subsection (a).
       ``(ii) Clause (i) shall not apply with respect to the 
     Juragua Nuclear Power Plant near Cienfuegos, Cuba, or the 
     Pedro Pi Nuclear Research Center unless Cuba--
       ``(I) ratifies the Treaty on the Non-Proliferation of 
     Nuclear Weapons (21 UST 483) or the Treaty for the 
     Prohibition of Nuclear Weapons in Latin America (commonly 
     known as the Treaty of Tlatelolco);
       ``(II) negotiates full-scope safeguards of the 
     International Atomic Energy Agency not later than two years 
     after ratification by Cuba of such Treaty; and
       ``(III) incorporates internationally accepted nuclear 
     safety standards.''.
       (b) Opposition to Certain Programs or Projects.--The 
     Secretary of State shall direct the United States 
     representative to the International Atomic Energy Agency to 
     oppose the following:
       (1) Technical assistance programs or projects of the Agency 
     at the Juragua Nuclear Power Plant near Cienfuegos, Cuba, and 
     at the Pedro Pi Nuclear Research Center.
       (2) Any other program or project of the Agency in Cuba that 
     is, or could become, a threat to the security of the United 
     States.
       (c) Reporting Requirements.--
       (1) Request for iaea reports.--The Secretary of State shall 
     direct the United States representative to the International 
     Atomic Energy Agency to request the Director-General of the 
     Agency to submit to the United States all reports prepared 
     with respect to all programs or projects of the Agency that 
     are of concern to the United States, including the programs 
     or projects described in subsection (b).
       (2) Annual reports to the congress.--Not later than 180 
     days after the date of the enactment of this Act, and on an 
     annual basis thereafter, the Secretary of State, in 
     consultation with the United States representative to the 
     International Atomic Energy Agency, shall prepare and submit 
     to the Congress a report containing a description of all 
     programs or projects of the Agency in each country described 
     in section 307(a) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2227(a)).

     SEC. 2810. LIMITATION ON ASSISTANCE TO COUNTRIES AIDING CUBA 
                   NUCLEAR DEVELOPMENT.

       (a) In General.--Section 620 of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2370), as amended by this division, is 
     further amended by adding at the end the following:
       ``(y)(1) Except as provided in paragraph (2), the President 
     shall withhold from amounts made available under this Act or 
     any other Act and allocated for a country for a fiscal year 
     an amount equal to the aggregate value of nuclear fuel and 
     related assistance and credits provided by that country, or 
     any entity of that country, to Cuba during the preceding 
     fiscal year.
       ``(2) The requirement to withhold assistance for a country 
     for a fiscal year under paragraph (1) shall not apply if 
     Cuba--
       ``(A) has ratified the Treaty on the Non-Proliferation of 
     Nuclear Weapons (21 UST 483) or the Treaty of Tlatelelco, and 
     Cuba is in compliance with the requirements of either such 
     Treaty;
       ``(B) has negotiated and is in compliance with full-scope 
     safeguards of the International Atomic Energy Agency not 
     later than two years after ratification by Cuba of such 
     Treaty; and
       ``(C) incorporates and is in compliance with 
     internationally accepted nuclear safety standards.
       ``(3) The Secretary of State shall prepare and submit to 
     the Congress each year a report containing a description of 
     the amount of nuclear fuel and related assistance and credits 
     provided by any country, or any entity of a country, to Cuba 
     during the preceding year, including the terms of each 
     transfer of such fuel, assistance, or credits.''.
       (b) Effective Date.--Section 620(y) of the Foreign 
     Assistance Act of 1961, as added by subsection (a), shall 
     apply with respect to assistance provided in fiscal years 
     beginning on or after the date of the enactment of this Act.

     SEC. 2811. INTERNATIONAL FUND FOR IRELAND.

       (a) Purposes.--Section 2(b) of the Anglo-Irish Agreement 
     Support Act of 1986 (Public Law 99-415; 100 Stat. 947) is 
     amended by adding at the end the following new sentences: 
     ``United States contributions should be used in a manner that 
     effectively increases employment opportunities in communities 
     with rates of unemployment higher than the local or urban 
     average of unemployment in Northern Ireland. In addition, 
     such contributions should be used to benefit individuals 
     residing in such communities.''.
       (b) Conditions and Understandings.--Section 5(a) of such 
     Act is amended--
       (1) in the first sentence--
       (A) by striking ``The United States'' and inserting the 
     following:
       ``(1) In general.--The United States'';
       (B) by striking ``in this Act may be used'' and inserting 
     the following: ``in this Act--
       ``(A) may be used'';
       (C) by striking the period and inserting ``; and''; and
       (D) by adding at the end the following:
       ``(B) should be provided to individuals or entities in 
     Northern Ireland which employ practices consistent with the 
     principles of economic justice.''; and

[[Page H11273]]

       (2) in the second sentence, by striking ``The 
     restrictions'' and inserting the following:
       ``(2) Additional requirements.--The restrictions''.
       (c) Prior Certifications.--Section 5(c)(2) of such Act is 
     amended--
       (1) in subparagraph (A), by striking ``in accordance with 
     the principle of equality'' and all that follows and 
     inserting ``to individuals and entities whose practices are 
     consistent with principles of economic justice; and''; and
       (2) in subparagraph (B), by inserting before the period at 
     the end the following: ``and will create employment 
     opportunities in regions and communities of Northern Ireland 
     suffering from high rates of unemployment''.
       (d) Annual Reports.--Section 6 of such Act is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by striking the period and inserting 
     ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(4) the extent to which the practices of each individual 
     or entity receiving assistance from United States 
     contributions to the International Fund has been consistent 
     with the principles of economic justice.''.
       (e) Requirements Relating to Funds.--Section 7 of such Act 
     is amended by adding at the end the following:
       ``(c) Prohibition.--Nothing included herein shall require 
     quotas or reverse discrimination or mandate their use.''.
       (f) Definitions.--Section 8 of such Act is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) the term `principles of economic justice' means the 
     following principles:
       ``(A) Increasing the representation of individuals from 
     underrepresented religious groups in the workforce, including 
     managerial, supervisory, administrative, clerical, and 
     technical jobs.
       ``(B) Providing adequate security for the protection of 
     minority employees at the workplace.
       ``(C) Banning provocative sectarian or political emblems 
     from the workplace.
       ``(D) Providing that all job openings be advertised 
     publicly and providing that special recruitment efforts be 
     made to attract applicants from underrepresented religious 
     groups.
       ``(E) Providing that layoff, recall, and termination 
     procedures do not favor a particular religious group.
       ``(F) Abolishing job reservations, apprenticeship 
     restrictions, and differential employment criteria which 
     discriminate on the basis of religion.
       ``(G) Providing for the development of training programs 
     that will prepare substantial numbers of minority employees 
     for skilled jobs, including the expansion of existing 
     programs and the creation of new programs to train, upgrade, 
     and improve the skills of minority employees.
       ``(H) Establishing procedures to assess, identify, and 
     actively recruit minority employees with the potential for 
     further advancement.
       ``(I) Providing for the appointment of a senior management 
     staff member to be responsible for the employment efforts of 
     the entity and, within a reasonable period of time, the 
     implementation of the principles described in subparagraphs 
     (A) through (H).''.

     SEC. 2812. SUPPORT FOR DEMOCRATIC OPPOSITION IN IRAQ.

       (a) Assistance for Justice in Iraq.--There are authorized 
     to be appropriated for fiscal year 1998 $3,000,000 for 
     assistance to an international commission to establish an 
     international record for the criminal culpability of Saddam 
     Hussein and other Iraqi officials and for an international 
     criminal tribunal established for the purpose of indicting, 
     prosecuting, and punishing Saddam Hussein and other Iraqi 
     officials responsible for crimes against humanity, genocide, 
     and other violations of international law.
       (b) Assistance to the Democratic Opposition in Iraq.--There 
     are authorized to be appropriated for fiscal year 1998 
     $15,000,000 to provide support for democratic opposition 
     forces in Iraq, of which--
       (1) not more than $10,000,000 shall be for assistance to 
     the democratic opposition, including leadership organization, 
     training political cadre, maintaining offices, disseminating 
     information, and developing and implementing agreements among 
     opposition elements; and
       (2) not more than $5,000,000 of the funds made available 
     under this subsection shall be available only for grants to 
     RFE/RL, Incorporated, for surrogate radio broadcasting by 
     RFE/RL, Incorporated, to the Iraqi people in the Arabic 
     language, such broadcasts to be designated as ``Radio Free 
     Iraq''.
       (c) Assistance for Humanitarian Relief and 
     Reconstruction.--There are authorized to be appropriated for 
     fiscal year 1998 $20,000,000 for the relief, rehabilitation, 
     and reconstruction of people living in Iraq, and communities 
     located in Iraq, who are not under the control of the Saddam 
     Hussein regime.
       (d) Availability.--Amounts authorized to be appropriated by 
     this section shall be provided in addition to amounts 
     otherwise made available and shall remain available until 
     expended.
       (e) Notification.--All assistance provided pursuant to this 
     section shall be notified to Congress in accordance with the 
     procedures applicable to reprogramming notifications under 
     section 634A of the Foreign Assistance Act of 1961.
       (f) Relation to Other Laws.--Funds made available to carry 
     out the provisions of this section may be made available 
     notwithstanding any other provision of law.
       (g) Report.--Not later than 45 days after the date of 
     enactment of this Act, the Secretary of State and the 
     Broadcasting Board of Governors of the United States 
     Information Agency shall submit a detailed report to Congress 
     describing--
       (1) the costs, implementation, and plans for the 
     establishment of an international war crimes tribunal 
     described in subsection (a);
       (2) the establishment of a political assistance program, 
     and the surrogate broadcasting service, as described in 
     subsection (b); and
       (3) the humanitarian assistance program described in 
     subsection (c).

     SEC. 2813. DEVELOPMENT OF DEMOCRACY IN THE REPUBLIC OF 
                   SERBIA.

       (a) Findings.--Congress makes the following findings:
       (1) The United States stands as the beacon of democracy and 
     freedom in the world.
       (2) A stable and democratic Republic of Serbia is important 
     to the interests of the United States, the international 
     community, and to peace in the Balkans.
       (3) Democratic forces in the Republic of Serbia are 
     beginning to emerge, notwithstanding the efforts of Europe's 
     longest-standing communist dictator, Slobodan Milosevic.
       (4) The Serbian authorities have sought to continue to 
     hinder the growth of free and independent news media in the 
     Republic of Serbia, in particular the broadcast news media, 
     and have harassed journalists performing their professional 
     duties.
       (5) Under Slobodan Milosevic, the political opposition in 
     Serbia has been denied free, fair, and equal opportunity to 
     participate in the democratic process.
       (b) Sense of Congress.--It is the sense of Congress that--
       (1) the United States, the international community, 
     nongovernmental organizations, and the private sector should 
     continue to promote the building of democratic institutions 
     and civic society in the Republic of Serbia, help strengthen 
     the independent news media, and press for the Government of 
     the Republic of Serbia to respect the rule of law; and
       (2) the normalization of relations between the ``Federal 
     Republic of Yugoslavia'' (Serbia and Montenegro) and the 
     United States requires, among other things, that President 
     Milosevic and the leadership of Serbia--
       (A) promote the building of democratic institutions, 
     including strengthening the independent news media and 
     respecting the rule of law;
       (B) promote the respect for human rights throughout the 
     ``Federal Republic of Yugoslavia'' (Serbia and Montenegro); 
     and
       (C) promote and encourage free, fair, and equal conditions 
     for the democratic opposition in Serbia.

                              DIVISION--H

     SECTION 1. SHORT TITLE.

       This Division may be cited as the ``Depository Institution-
     GSE Affiliation Act of 1998''.

     SEC. 2. CERTAIN AFFILIATION PERMITTED.

       Section 18(s) of the Federal Deposit Insurance Act (12 
     U.S.C. 1828(s)) is amended--
       (1) by redesignating paragraph (4) as paragraph (5); and
       (2) by inserting after paragraph (3) the following new 
     paragraph:
       ``(4) Student loans.--
       ``(A) In general.--This subsection shall not apply to any 
     arrangement between the Holding Company (or any subsidiary of 
     the Holding Company other than the Student Loan Marketing 
     Association) and a depository institution, if the Secretary 
     approves the affiliation and determines that--
       ``(i) the reorganization of such Association in accordance 
     with section 440 of the Higher Education Act of 1965, as 
     amended, will not be adversely affected by the arrangement;
       ``(ii) the dissolution of the Association pursuant to such 
     reorganization will occur before the end of the 2-year period 
     beginning on the date on which such arrangement is 
     consummated or on such earlier date as the Secretary deems 
     appropriate: Provided, That the Secretary may extend this 
     period for not more than 1 year at a time if the Secretary 
     determines that such extension is in the public interest and 
     is appropriate to achieve an orderly reorganization of the 
     Association or to prevent market disruptions in connection 
     with such reorganization, but no such extensions shall in the 
     aggregate exceed 2 years;
       ``(iii) the Association will not purchase or extend credit 
     to, or guarantee or provide credit enhancement to, any 
     obligation of the depository institution;
       ``(iv) the operations of the Association will be separate 
     from the operations of the depository institution; and
       ``(v) until the `dissolution date' (as that term is defined 
     in section 440 of the Higher Education Act of 1965, as 
     amended) has occurred, such depository institution will not 
     use the trade name or service mark `Sallie Mae' in connection 
     with any product or service it offers if the appropriate 
     Federal banking agency for such depository institution 
     determines that--

       ``(I) the depository institution is the only institution 
     offering such product or service using the `Sallie Mae' name; 
     and
       ``(II) such use would result in the depository institution 
     having an unfair competitive advantage over other depository 
     institutions.

       ``(B) Terms and conditions.--In approving any arrangement 
     referred to in subparagraph (A) the Secretary may impose any 
     terms and conditions on such an arrangement that the 
     Secretary considers appropriate, including--
       ``(i) imposing additional restrictions on the issuance of 
     debt obligations by the Association; or
       ``(ii) restricting the use of proceeds from the issuance of 
     such debt.
       ``(C) Additional limitations.--In the event that the 
     Holding Company (or any subsidiary of

[[Page H11274]]

     the Holding Company) enters into such an arrangement, the 
     value of the Association's `investment portfolio' shall not 
     at any time exceed the lesser of--
       ``(i) the value of such portfolio on the date of the 
     enactment of this subsection; or
       ``(ii) the value of such portfolio on the date such an 
     arrangement is consummated. The term `investment portfolio' 
     shall mean all investments shown on the consolidated balance 
     sheet of the Association other than--

       ``(I) any instrument or assets described in section 439(d) 
     of the Higher Education Act of 1965, as amended;
       ``(II) any direct noncallable obligations of the United 
     States or any agency thereof for which the full faith and 
     credit of the United States is pledged; or
       ``(III) cash or cash equivalents.

       ``(D) Enforcement.--The terms and conditions imposed under 
     subparagraph (B) may be enforced by the Secretary in 
     accordance with section 440 of the Higher Education Act of 
     1965.
       ``(E) Definitions.--For purposes of this paragraph, the 
     following definition shall apply--
       ``(i) Association; holding company.--Notwithstanding any 
     provision in section 3, the terms `Association' and `Holding 
     Company' have the same meanings as in section 440(i) of the 
     Higher Education Act of 1965.
       ``(ii) Secretary.--The term `Secretary' means the Secretary 
     of the Treasury.''.

                DIVISION I--CHEMICAL WEAPONS CONVENTION

     SECTION 1. SHORT TITLE.

       This Division may be cited as the ``Chemical Weapons 
     Convention Implementation Act of 1998''.

     SEC. 2. TABLE OF CONTENTS.

     The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.

                      TITLE I--GENERAL PROVISIONS

Sec. 101. Designation of United States National Authority.
Sec. 102. No abridgement of constitutional rights.
Sec. 103. Civil liability of the United States.

TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION 
                          OF THE UNITED STATES

                Subtitle A--Criminal and Civil Penalties

Sec. 201. Criminal and civil provisions.

              Subtitle B--Revocations of Export Privileges

Sec. 211. Revocations of export privileges.

                         TITLE III--INSPECTIONS

Sec. 301. Definitions in the title.
Sec. 302. Facility agreements.
Sec. 303. Authority to conduct inspections.
Sec. 304. Procedures for inspections.
Sec. 305. Warrants.
Sec. 306. Prohibited acts relating to inspections.
Sec. 307. National security exception.
Sec. 308. Protection of constitutional rights of contractors.
Sec. 309. Annual report on inspections.
Sec. 310. United States assistance in inspections at private 
              facilities.

                           TITLE IV--REPORTS

Sec. 401. Reports required by the United States National Authority.
Sec. 402. Prohibition relating to low concentrations of schedule 2 and 
              3 chemicals.
Sec. 403. Prohibition relating to unscheduled discrete organic 
              chemicals and coincidental byproducts in waste streams.
Sec. 404. Confidentiality of information.
Sec. 405. Recordkeeping violations.

                          TITLE V--ENFORCEMENT

Sec. 501. Penalties.
Sec. 502. Specific enforcement.
Sec. 503. Expedited judicial review.

                   TITLE VI--MISCELLANEOUS PROVISIONS

Sec. 601. Repeal.
Sec. 602. Prohibition.
Sec. 603. Bankruptcy actions.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Chemical weapon.--The term ``chemical weapon'' means 
     the following, together or separately:
       (A) A toxic chemical and its precursors, except where 
     intended for a purpose not prohibited under this Act as long 
     as the type and quantity is consistent with such a purpose.
       (B) A munition or device, specifically designed to cause 
     death or other harm through toxic properties of those toxic 
     chemicals specified in subparagraph (A), which would be 
     released as a result of the employment of such munition or 
     device.
       (C) Any equipment specifically designed for use directly in 
     connection with the employment of munitions or devices 
     specified in subparagraph (B).
       (2) Chemical weapons convention; convention.--The terms 
     ``Chemical Weapons Convention'' and ``Convention'' mean the 
     Convention on the Prohibition of the Development, Production, 
     Stockpiling and Use of Chemical Weapons and on Their 
     Destruction, opened for signature on January 13, 1993.
       (3) Key component of a binary or multicomponent chemical 
     system.--The term ``key component of a binary or 
     multicomponent chemical system'' means the precursor which 
     plays the most important role in determining the toxic 
     properties of the final product and reacts rapidly with other 
     chemicals in the binary or multicomponent system.
       (4) National of the united states.--The term ``national of 
     the United States'' has the same meaning given such term in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)).
       (5) Organization.--The term ``Organization'' means the 
     Organization for the Prohibition of Chemical Weapons.
       (6) Person.--The term ``person'', except as otherwise 
     provided, means any individual, corporation, partnership, 
     firm, association, trust, estate, public or private 
     institution, any State or any political subdivision thereof, 
     or any political entity within a State, any foreign 
     government or nation or any agency, instrumentality or 
     political subdivision of any such government or nation, or 
     other entity located in the United States.
       (7) Precursor.--
       (A) In general.--The term ``precursor'' means any chemical 
     reactant which takes part at any stage in the production by 
     whatever method of a toxic chemical. The term includes any 
     key component of a binary or multicomponent chemical system.
       (B) List of precursors.--Precursors which have been 
     identified for the application of verification measures under 
     Article VI of the Convention are listed in schedules 
     contained in the Annex on Chemicals of the Chemical Weapons 
     Convention.
       (8) Purposes not prohibited by this act.--The term 
     ``purposes not prohibited by this Act'' means the following:
       (A) Peaceful purposes.--Any peaceful purpose related to an 
     industrial, agricultural, research, medical, or 
     pharmaceutical activity or other activity.
       (B) Protective purposes.--Any purpose directly related to 
     protection against toxic chemicals and to protection against 
     chemical weapons.
       (C) Unrelated military purposes.--Any military purpose of 
     the United States that is not connected with the use of a 
     chemical weapon and that is not dependent on the use of the 
     toxic or poisonous properties of the chemical weapon to cause 
     death or other harm.
       (D) Law enforcement purposes.--Any law enforcement purpose, 
     including any domestic riot control purpose and including 
     imposition of capital punishment.
       (9) Technical secretariat.--The term ``Technical 
     Secretariat'' means the Technical Secretariat of the 
     Organization for the Prohibition of Chemical Weapons 
     established by the Chemical Weapons Convention.
       (10) Schedule 1 chemical agent.--The term `Schedule 1 
     chemical agent' means any of the following, together or 
     separately:
       (A) O-Alkyl (C10, incl. cycloalkyl) 
     alkyl
       (Me, Et, n-Pr or i-Pr)-phosphonofluoridates
       (e.g. Sarin: O-Isopropyl methylphosphonofluoridate Soman: 
     O-Pinacolyl methylphosphonofluoridate).
       (B) O-Alkyl (C10, incl. cycloalkyl) 
     N,N-dialkyl
       (Me, Et, n-Pr or i-Pr)-phosphoramidocyanidates
       (e.g. Tabun: O-Ethyl N,N-dimethyl phosphoramidocyanidate).
       (C) O-Alkyl (H or C10, incl. 
     cycloalkyl) S-2-dialkyl
       (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
       (Me, Et, n-Pr or i-Pr) phosphonothiolates and corresponding 
     alkylated or protonated salts
       (e.g. VX: O-Ethyl S-2-diisopropylaminoethyl methyl 
     phosphonothiolate).
       (D) Sulfur mustards:
       2-Chloroethylchloromethylsulfide
       Mustard gas: (Bis(2-chloroethyl)sulfide
       Bis(2-chloroethylthio)methane
       Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane
       1,3-Bis(2-chloroethylthio)-n-propane
       1,4-Bis(2-chloroethylthio)-n-butane
       1,5-Bis(2-chloroethylthio)-n-pentane
       Bis(2-chloroethylthiomethyl)ether
       O-Mustard: Bis(2-chloroethylthioethyl)ether.
       (E) Lewisites:
       Lewisite 1: 2-Chlorovinyldichloroarsine
       Lewisite 2: Bis(2-chlorovinyl)chloroarsine
       Lewisite 3: Tris (2-clorovinyl)arsine.
       (F) Nitrogen mustards:
       HN1: Bis(2-chloroethyl)ethylamine
       HN2: Bis(2-chloroethyl)methylamine
       HN3: Tris(2-chloroethyl)amine.
       (G) Saxitoxin.
       (H) Ricin.
       (I) Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluorides
       e.g. DF: Methylphosphonyldifluoride.
       (J) O-Alkyl (H or C10, incl. 
     cycloalkyl)O-2-dialkyl
       (Me, Et, n-Pr or i-Pr)-aminoethyl alkyl
       (Me, Et, n-Pr or i-Pr) phosphonites and corresponding 
     alkylated or protonated salts
       e.g. QL: O-Ethyl O-2-diisopropylaminoethyl 
     methylphosphonite.
       (K) Chlorosarin: O-Isopropyl methylphosphonochloridate.
       (L) Chlorosoman: O-Pinacolyl methylphosphonochloridate.
       (11) Schedule 2 chemical agent.--The term `Schedule 2 
     chemical agent' means the following, together or separately:
       (A) Amiton: O,O-Diethyl S-[2-(diethylamino)ethyl]
       phosphorothiolate and corresponding alkylated or protonated 
     salts.
       (B) PFIB: 1,1,3,3,3-Pentafluoro-2-(trifluoromethyl)-1-
     propene.
       (C) BZ: 3-Quinuclidinyl benzilate
       (D) Chemicals, except for those listed in Schedule 1, 
     containing a phosphorus atom to which is bonded one methyl, 
     ethyl or propyl (normal or iso) group but not further carbon 
     atoms,
       e.g. Methylphosphonyl dichloride Dimethyl methylphosphonate
       Exemption: Fonofos: O-Ethyl S-phenyl 
     ethylphosphonothiolothionate.
       (E) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) phosphoramidic 
     dihalides.

[[Page H11275]]

       (F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et, n-
     Pr or i-Pr)-phosphoramidates.
       (G) arsenic trichloride.
       (H) 2,2-Diphenyl-2-hydroxyacetic acid.
       (I) Quinuclidine-3-ol.
       (J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
     chlorides and corresponding protonated salts.
       (K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols 
     and corresponding protonated salts
       Exemptions: N,N-Dimethylaminoethanol and corresponding 
     protonated salts N,N-Diethylaminoethanol and corresponding 
     protonated salts.
       (L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-thiols 
     and corresponding protonated salts.
       (M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
       (N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
       (12) Schedule 3 chemical agent.--The term `Schedule 3 
     chemical agent' means any the following, together or 
     separately:
       (A) Phosgene: carbonyl dichloride.
       (B) Cyanogen chloride.
       (C) Hydrogen cyanide.
       (D) Chloropicrin: trichloronitromethane.
       (E) Phosphorous oxychloride.
       (F) Phosphorous trichloride.
       (G) Phosphorous pentachloride.
       (H) Trimethyl phosphite.
       (I) Triethyl phosphite.
       (J) Dimethyl phosphite.
       (K) Diethyl phosphite.
       (L) Sulfur monochloride.
       (M) Sulfur dichloride.
       (N) Thionyl chloride.
       (O) Ethyldiethanolamine.
       (P) Methyldiethanolamine.
       (Q) Triethanolamine.
       (13) Toxic chemical.--
       (A) In general.--The term ``toxic chemical'' means any 
     chemical which through its chemical action on life processes 
     can cause death, temporary incapacitation or permanent harm 
     to humans or animals. The term includes all such 
     chemicals, regardless of their origin or of their method 
     of production, and regardless of whether they are produced 
     in facilities, in munitions or elsewhere.
       (B) List of toxic chemicals.--Toxic chemicals which have 
     been identified for the application of verification measures 
     under Article VI of the Convention are listed in schedules 
     contained in the Annex on Chemicals of the Chemical Weapons 
     Convention.
       (14) United states.--The term ``United States'' means the 
     several States of the United States, the District of 
     Columbia, and the commonwealths, territories, and possessions 
     of the United States and includes all places under the 
     jurisdiction or control of the United States, including--
       (A) any of the places within the provisions of paragraph 
     (41) of section 40102 of title 49, United States Code;
       (B) any civil aircraft of the United States or public 
     aircraft, as such terms are defined in paragraphs (17) and 
     (37), respectively, of section 40102 of title 49, United 
     States Code; and
       (C) any vessel of the United States, as such term is 
     defined in section 3(b) of the Maritime Drug Enforcement Act, 
     as amended (46 U.S.C., App. sec. 1903(b)).
       (15) Unscheduled discrete organic chemical.--The term 
     ``unscheduled discrete organic chemical'' means any chemical 
     not listed on any schedule contained in the Annex on 
     Chemicals of the Convention that belongs to the class of 
     chemical compounds consisting of all compounds of carbon, 
     except for its oxides, sulfides, and metal carbonates.

                      TITLE I--GENERAL PROVISIONS

     SEC. 101. DESIGNATION OF UNITED STATES NATIONAL AUTHORITY.

       (a) Designation.--Pursuant to paragraph 4 of Article VII of 
     the Chemical Weapons Convention, the President shall 
     designate the Department of State to be the United States 
     National Authority.
       (b) Purposes.--The United States National Authority shall--
       (1) serve as the national focal point for effective liaison 
     with the Organization for the Prohibition of Chemical Weapons 
     and other States Parties to the Convention; and
       (2) implement the provisions of this Act in coordination 
     with an interagency group designated by the President 
     consisting of the Secretary of Commerce, Secretary of 
     Defense, Secretary of Energy, the Attorney General, and the 
     heads of agencies considered necessary or advisable by the 
     President.
       (c) Director.--The Secretary of State shall serve as the 
     Director of the United States National Authority.
       (d) Powers.--The Director may utilize the administrative 
     authorities otherwise available to the Secretary of State in 
     carrying out the responsibilities of the Director set forth 
     in this Act.
       (e) Implementation.--The President is authorized to 
     implement and carry out the provisions of this Act and the 
     Convention and shall designate through Executive order which 
     agencies of the United States shall issue, amend, or revise 
     the regulations in order to implement this Act and the 
     provisions of the Convention. The Director of the United 
     States National Authority shall report to the Congress on the 
     regulations that have been issued, implemented, or revised 
     pursuant to this section.

     SEC. 102. NO ABRIDGEMENT OF CONSTITUTIONAL RIGHTS.

       No person may be required, as a condition for entering into 
     a contract with the United States or as a condition for 
     receiving any benefit from the United States, to waive any 
     right under the Constitution for any purpose related to 
     this Act or the Convention.

     SEC. 103. CIVIL LIABILITY OF THE UNITED STATES.

       (a) Claims for Taking of Property.--
       (1) Jurisdiction of courts of the united states.--
       (A) United states court of federal claims.--The United 
     States Court of Federal Claims shall, subject to subparagraph 
     (B), have jurisdiction of any civil action or claim against 
     the United States for any taking of property without just 
     compensation that occurs by reason of the action of any 
     officer or employee of the Organization for the Prohibition 
     of Chemical Weapons, including any member of an inspection 
     team of the Technical Secretariat, or by reason of the action 
     of any officer or employee of the United States pursuant to 
     this Act or the Convention. For purposes of this subsection, 
     action taken pursuant to or under the color of this Act or 
     the Convention shall be deemed to be action taken by the 
     United States for a public purpose.
       (B) District courts.--The district courts of the United 
     States shall have original jurisdiction, concurrent with the 
     United States Court of Federal Claims, of any civil action or 
     claim described in subparagraph (A) that does not exceed 
     $10,000.
       (2) Notification.--Any person intending to bring a civil 
     action pursuant to paragraph (1) shall notify the United 
     States National Authority of that intent at least one year 
     before filing the claim in the United States Court of Federal 
     Claims. Action on any claim filed during that one-year period 
     shall be stayed. The one-year period following the 
     notification shall not be counted for purposes of any law 
     limiting the period within which the civil action may be 
     commenced.
       (3) Initial steps by united states government to seek 
     remedies.--During the period between a notification pursuant 
     to paragraph (2) and the filing of a claim covered by the 
     notification in the United States Court of Federal Claims, 
     the United States National Authority shall pursue all 
     diplomatic and other remedies that the United States National 
     Authority considers necessary and appropriate to seek redress 
     for the claim including, but not limited to, the remedies 
     provided for in the Convention and under this Act.
       (4) Burden of Proof.--In any civil action under paragraph 
     (1), the plaintiff shall have the burden to establish a prima 
     facie case that, due to acts or omissions of any official of 
     the Organization or any member of an inspection team of the 
     Technical Secretariat taken under the color of the 
     Convention, proprietary information of the plaintiff has been 
     divulged or taken without authorization. If the United States 
     Court of Federal Claims finds that the plaintiff has 
     demonstrated such a prima facie case, the burden shall shift 
     to the United States to disprove the plaintiff's claim. In 
     deciding whether the plaintiff has carried its burden, the 
     United States Court of Federal Claims shall consider, among 
     other things--
       (A) the value of proprietary information;
       (B) the availability of the proprietary information;
       (C) the extent to which the proprietary information is 
     based on patents, trade secrets, or other protected 
     intellectual property;
       (D) the significance of proprietary information; and
       (E) the emergence of technology elsewhere a reasonable time 
     after the inspection.
       (b) Tort Liability.--The district courts of the United 
     States shall have exclusive jurisdiction of civil actions for 
     money damages for any tort under the Constitution or any 
     Federal or State law arising from the acts or omissions of 
     any officer or employee of the United States or the 
     Organization, including any member of an inspection team of 
     the Technical Secretariat, taken pursuant to or under color 
     of the Convention or this Act.
       (c) Waiver of Sovereign Immunity of the United States.--In 
     any action under subsection (a) or (b), the United States may 
     not raise sovereign immunity as a defense.
       (d) Authority for Cause of Action.--
       (1) United states actions in united states district 
     court.--Notwithstanding any other law, the Attorney General 
     of the United States is authorized to bring an action in the 
     United States District Court for the District of Columbia 
     against any foreign nation for money damages resulting from 
     that nation's refusal to provide indemnification to the 
     United States for any liability imposed on the United States 
     by virtue of the actions of an inspector of the Technical 
     Secretariat who is a national of that foreign nation acting 
     at the direction or the behest of that foreign nation.
       (2) United states actions in courts outside the united 
     states.--The Attorney General is authorized to seek any and 
     all available redress in any international tribunal for 
     indemnification to the United States for any liability 
     imposed on the United States by virtue of the actions of an 
     inspector of the Technical Secretariat, and to seek such 
     redress in the courts of the foreign nation from which the 
     inspector is a national.
       (3) Actions brought by individuals and businesses.--
     Notwithstanding any other law, any national of the United 
     States, or any business entity organized and operating under 
     the laws of the United States, may bring a civil action in a 
     United States District Court for money damages against any 
     foreign national or any business entity organized and 
     operating under the laws of a foreign nation for an 
     unauthorized or unlawful acquisition, receipt, transmission, 
     or use of property by or on behalf of such foreign national 
     or business entity as a result of any tort under the 
     Constitution or any Federal or State law arising from acts or 
     omissions by any officer or employee of the United States or 
     any member of an inspection team of the Technical Secretariat 
     taken pursuant to or under the color of the Convention or 
     this Act.

[[Page H11276]]

       (e) Recoupment.--
       (1) Policy.--It is the policy of the United States to 
     recoup all funds withdrawn from the Treasury of the United 
     States in payment for any tort under Federal or State law or 
     taking under the Constitution arising from the acts or 
     omissions of any foreign person, officer, or employee of the 
     Organization, including any member of an inspection team of 
     the Technical Secretariat, taken under color of the Chemical 
     Weapons Convention or this Act.
       (2) Sanctions on foreign companies.--
       (A) Imposition of sanctions.--The sanctions provided in 
     subparagraph (B) shall be imposed for a period of not less 
     than ten years upon--
       (i) any foreign person, officer, or employee of the 
     Organization, including any member of an inspection team of 
     the Technical Secretariat, for whose actions or omissions the 
     United States has been held liable for a tort or taking 
     pursuant to this Act; and
       (ii) any foreign person or business entity organized and 
     operating under the laws of a foreign nation which knowingly 
     assisted, encouraged or induced, in any way, a foreign person 
     described in clause (i) to publish, divulge, disclose, or 
     make known in any manner or to any extent not authorized by 
     the Convention any United States confidential business 
     information.
       (B) Sanctions.--
       (i) Arms export transactions.--The United States Government 
     shall not sell to a person described in subparagraph (A) any 
     item on the United States Munitions List and shall terminate 
     sales of any defense articles, defense services, or design 
     and construction services to a person described in 
     subparagraph (A) under the Arms Export Control Act.
       (ii) Sanctions under export administration act of 1979.--
     The authorities under section 6 of the Export Administration 
     Act of 1979 shall be used to prohibit the export of any goods 
     or technology on the control list established pursuant to 
     section 5(c)(1) of that Act to a person described in 
     subparagraph (A).
       (iii) International financial assistance.--The United 
     States shall oppose any loan or financial or technical 
     assistance by international financial institutions in 
     accordance with section 701 of the International Financial 
     Institutions Act to a person described in subparagraph (A).
       (iv) Export-import bank transactions.--The United States 
     shall not give approval to guarantee, insure, or extend 
     credit, or to participate in the extension of credit to a 
     person described in subparagraph (A) through the Export-
     Import Bank of the United States.
       (v) Private bank transactions.--Regulations shall be issued 
     to prohibit any United States bank from making any loan or 
     providing any credit to a person described in subparagraph 
     (A).
       (vi) Blocking of assets.--The President shall take all 
     steps necessary to block any transactions in any property 
     subject to the jurisdiction of the United States in which a 
     person described in subparagraph (A) has any interest 
     whatsoever, for the purpose of recouping funds in accordance 
     with the policy in paragraph (1).
       (vii) Denial of landing rights.--Landing rights in the 
     United States shall be denied to any private aircraft or air 
     carrier owned by a person described in subparagraph (A) 
     except as necessary to provide for emergencies in which the 
     safety of the aircraft or its crew or passengers is 
     threatened.
       (3) Sanctions on foreign governments.--
       (A) Imposition of sanctions.--Whenever the President 
     determines that persuasive information is available 
     indicating that a foreign country has knowingly assisted, 
     encouraged or induced, in any way, a person described in 
     paragraph (2)(A) to publish, divulge, disclose, or make known 
     in any manner or to any extent not authorized by the 
     Convention any United States confidential business 
     information, the President shall, within 30 days after the 
     receipt of such information by the executive branch of 
     Government, notify the Congress in writing of such 
     determination and, subject to the requirements of 
     paragraphs (4) and (5), impose the sanctions provided 
     under subparagraph (B) for a period of not less than five 
     years.
       (B) Sanctions.--
       (i) Arms export transactions.--The United States Government 
     shall not sell a country described in subparagraph (A) any 
     item on the United States Munitions List, shall terminate 
     sales of any defense articles, defense services, or design 
     and construction services to that country under the Arms 
     Export Control Act, and shall terminate all foreign military 
     financing for that country under the Arms Export Control Act.
       (ii) Denial of certain licenses.--Licenses shall not be 
     issued for the export to the sanctioned country of any item 
     on the United States Munitions List or commercial satellites.
       (iii) Denial of assistance.--No appropriated funds may be 
     used for the purpose of providing economic assistance, 
     providing military assistance or grant military education and 
     training, or extending military credits or making guarantees 
     to a country described in subparagraph (A).
       (iv) Sanctions under export administration act of 1979.--
     The authorities of section 6 of the Export Administration Act 
     of 1979 shall be used to prohibit the export of any goods or 
     technology on the control list established pursuant to 
     section 5(c)(1) of that Act to a country described in 
     subparagraph (A).
       (v) International financial assistance.--The United States 
     shall oppose any loan or financial or technical assistance by 
     international financial institutions in accordance with 
     section 701 of the International Financial Institutions Act 
     to a country described in subparagraph (A).
       (vi) Termination of assistance under foreign assistance act 
     of 1961.--The United States shall terminate all assistance to 
     a country described in subparagraph (A) under the Foreign 
     Assistance Act of 1961, except for urgent humanitarian 
     assistance.
       (vii) Private bank transactions.--The United States shall 
     not give approval to guarantee, insure, or extend credit, or 
     participate in the extension of credit through the Export-
     Import Bank of the United States to a country described in 
     subparagraph (A).
       (viii) Private bank transactions.--Regulations shall be 
     issued to prohibit any United States bank from making any 
     loan or providing any credit to a country described in 
     subparagraph (A).
       (ix) Denial of landing rights.--Landing rights in the 
     United States shall be denied to any air carrier owned by a 
     country described in subparagraph (A), except as necessary to 
     provide for emergencies in which the safety of the aircraft 
     or its crew or passengers is threatened.
       (4) Suspension of sanctions upon recoupment by payment.--
     Sanctions imposed under paragraph (2) or (3) may be suspended 
     if the sanctioned person, business entity, or country, within 
     the period specified in that paragraph, provides full and 
     complete compensation to the United States Government, in 
     convertible foreign exchange or other mutually acceptable 
     compensation equivalent to the full value thereof, in 
     satisfaction of a tort or taking for which the United States 
     has been held liable pursuant to this Act.
       (5) Waiver of sanctions on foreign countries.--The 
     President may waive some or all of the sanctions provided 
     under paragraph (3) in a particular case if he determines and 
     certifies in writing to the Speaker of the House of 
     Representatives and the Committee on Foreign Relations of the 
     Senate that such waiver is necessary to protect the national 
     security interests of the United States. The certification 
     shall set forth the reasons supporting the determination and 
     shall take effect on the date on which the certification is 
     received by the Congress.
       (6) Notification to congress.--Not later than five days 
     after sanctions become effective against a foreign person 
     pursuant to this Act, the President shall transmit written 
     notification of the imposition of sanctions against that 
     foreign person to the chairmen and ranking members of the 
     Committee on International Relations of the House 
     of Representatives and the Committee on Foreign Relations 
     of the Senate.
       (f) Sanctions for Unauthorized Disclosure of United States 
     Confidential Business Information.--The Secretary of State 
     shall deny a visa to, and the Attorney General shall exclude 
     from the United States any alien who, after the date of 
     enactment of this Act--
       (1) is, or previously served as, an officer or employee of 
     the Organization and who has willfully published, divulged, 
     disclosed, or made known in any manner or to any extent not 
     authorized by the Convention any United States confidential 
     business information coming to him in the course of his 
     employment or official duties, or by reason of any 
     examination or investigation of any return, report, or record 
     made to or filed with the Organization, or any officer or 
     employee thereof, such practice or disclosure having resulted 
     in financial loses or damages to a United States person and 
     for which actions or omissions the United States has been 
     found liable of a tort or taking pursuant to this Act;
       (2) traffics in United States confidential business 
     information, a proven claim to which is owned by a United 
     States national;
       (3) is a corporate officer, principal, shareholder with a 
     controlling interest of an entity which has been involved in 
     the unauthorized disclosure of United States confidential 
     business information, a proven claim to which is owned by a 
     United States national; or
       (4) is a spouse, minor child, or agent of a person 
     excludable under paragraph (1), (2), or (3).
       (g) United States Confidential Business Information 
     Defined.--In this section, the term ``United States 
     confidential business information'' means any trade secrets 
     or commercial or financial information that is privileged and 
     confidential--
       (1) including--
       (A) data described in section 304(e)(2) of this Act,
       (B) any chemical structure,
       (C) any plant design process, technology, or operating 
     method,
       (D) any operating requirement, input, or result that 
     identifies any type or quantity of chemicals used, processed, 
     or produced, or
       (E) any commercial sale, shipment, or use of a chemical, or
       (2) as described in section 552(b)(4) of title 5, United 
     States Code,

       and that is obtained--
       (i) from a United States person; or
       (ii) through the United States Government or the conduct of 
     an inspection on United States territory under the 
     Convention.

TITLE II--PENALTIES FOR UNLAWFUL ACTIVITIES SUBJECT TO THE JURISDICTION 
                          OF THE UNITED STATES

                Subtitle A--Criminal and Civil Penalties

     SEC. 201. CRIMINAL AND CIVIL PROVISIONS.

       (a) In General.--Part I of title 18, United States Code, is 
     amended by inserting after chapter 11A the following new 
     chapter:

                    ``CHAPTER 11B--CHEMICAL WEAPONS

``Sec.
``229. Prohibited activities.
``229A. Penalties.
``229B. Criminal forfeitures; destruction of weapons.
``229C. Individual self-defense devices.
``229D. Injunctions.
``229E. Requests for military assistance to enforce prohibition in 
              certain emergencies.
``229F. Definitions.

     ``Sec. 229. Prohibited activities

       ``(a) Unlawful Conduct.--Except as provided in subsection 
     (b), it shall be unlawful for any person knowingly--

[[Page H11277]]

       ``(1) to develop, produce, otherwise acquire, transfer 
     directly or indirectly, receive, stockpile, retain, own, 
     possess, or use, or threaten to use, any chemical weapon; or
       ``(2) to assist or induce, in any way, any person to 
     violate paragraph (1), or to attempt or conspire to violate 
     paragraph (1).
       ``(b) Exempted Agencies and Persons.--
       ``(1) In general.--Subsection (a) does not apply to the 
     retention, ownership, possession, transfer, or receipt of a 
     chemical weapon by a department, agency, or other entity of 
     the United States, or by a person described in paragraph (2), 
     pending destruction of the weapon.
       ``(2) Exempted persons.--A person referred to in paragraph 
     (1) is--
       ``(A) any person, including a member of the Armed Forces of 
     the United States, who is authorized by law or by an 
     appropriate officer of the United States to retain, own, 
     possess, transfer, or receive the chemical weapon; or
       ``(B) in an emergency situation, any otherwise nonculpable 
     person if the person is attempting to destroy or seize the 
     weapon.
       ``(c) Jurisdiction.--Conduct prohibited by subsection (a) 
     is within the jurisdiction of the United States if the 
     prohibited conduct--
       ``(1) takes place in the United States;
       ``(2) takes place outside of the United States and is 
     committed by a national of the United States;
       ``(3) is committed against a national of the United States 
     while the national is outside the United States; or
       ``(4) is committed against any property that is owned, 
     leased, or used by the United States or by any department or 
     agency of the United States, whether the property is within 
     or outside the United States.

     ``Sec. 229A. Penalties

       ``(a) Criminal Penalties.--
       ``(1) In general.--Any person who violates section 229 of 
     this title shall be fined under this title, or imprisoned for 
     any term of years, or both.
       ``(2) Death penalty.--Any person who violates section 229 
     of this title and by whose action the death of another person 
     is the result shall be punished by death or imprisoned for 
     life.
       ``(b) Civil Penalties.--
       ``(1) In general.--The Attorney General may bring a civil 
     action in the appropriate United States district court 
     against any person who violates section 229 of this title 
     and, upon proof of such violation by a preponderance of the 
     evidence, such person shall be subject to pay a civil penalty 
     in an amount not to exceed $100,000 for each such violation.
       ``(2) Relation to other proceedings.--The imposition of a 
     civil penalty under this subsection does not preclude any 
     other criminal or civil statutory, common law, or 
     administrative remedy, which is available by law to the 
     United States or any other person.
       ``(c) Reimbursement of Costs.--The court shall order any 
     person convicted of an offense under subsection (a) to 
     reimburse the United States for any expenses incurred by the 
     United States incident to the seizure, storage, handling, 
     transportation, and destruction or other disposition of any 
     property that was seized in connection with an investigation 
     of the commission of the offense by that person. A person 
     ordered to reimburse the United States for expenses under 
     this subsection shall be jointly and severally liable for 
     such expenses with each other person, if any, who is ordered 
     under this subsection to reimburse the United States for the 
     same expenses.

     ``Sec. 229B. Criminal forfeitures; destruction of weapons

       ``(a) Property Subject to Criminal Forfeiture.--Any person 
     convicted under section 229A(a) shall forfeit to the United 
     States irrespective of any provision of State law--
       ``(1) any property, real or personal, owned, possessed, or 
     used by a person involved in the offense;
       ``(2) any property constituting, or derived from, and 
     proceeds the person obtained, directly or indirectly, as the 
     result of such violation; and
       ``(3) any of the property used in any manner or part, to 
     commit, or to facilitate the commission of, such violation.
     The court, in imposing sentence on such person, shall order, 
     in addition to any other sentence imposed pursuant to section 
     229A(a), that the person forfeit to the United States all 
     property described in this subsection. In lieu of a fine 
     otherwise authorized by section 229A(a), a defendant who 
     derived profits or other proceeds from an offense may be 
     fined not more than twice the gross profits or other 
     proceeds.
       ``(b) Procedures.--
       ``(1) General.--Property subject to forfeiture under this 
     section, any seizure and disposition thereof, and any 
     administrative or judicial proceeding in relation thereto, 
     shall be governed by subsections (b) through (p) of section 
     413 of the Comprehensive Drug Abuse Prevention and Control 
     Act of 1970 (21 U.S.C. 853), except that any reference under 
     those subsections to--
       ``(A) `this subchapter or subchapter II' shall be deemed to 
     be a reference to section 229A(a); and
       ``(B) `subsection (a)' shall be deemed to be a reference to 
     subsection (a) of this section.
       ``(2) Temporary restraining orders.--
       ``(A) In general.--For the purposes of forfeiture 
     proceedings under this section, a temporary restraining order 
     may be entered upon application of the United States without 
     notice or opportunity for a hearing when an information or 
     indictment has not yet been filed with respect to the 
     property, if, in addition to the circumstances described in 
     section 413(e)(2) of the Comprehensive Drug Abuse Prevention 
     and Control Act of 1970 (21 U.S.C. 853(e)(2)), the United 
     States demonstrates that there is probable cause to believe 
     that the property with respect to which the order is sought 
     would, in the event of conviction, be subject to forfeiture 
     under this section and exigent circumstances exist that place 
     the life or health of any person in danger.
       ``(B) Warrant of seizure.--If the court enters a temporary 
     restraining order under this paragraph, it shall also issue a 
     warrant authorizing the seizure of such property.
       ``(C) Applicable procedures.--The procedures and time 
     limits applicable to temporary restraining orders under 
     section 413(e) (2) and (3) of the Comprehensive Drug Abuse 
     Prevention and Control Act of 1970 (21 U.S.C. 853(e) (2) and 
     (3)) shall apply to temporary restraining orders under this 
     paragraph.
       ``(c) Affirmative Defense.--It is an affirmative defense 
     against a forfeiture under subsection (b) that the property--
       ``(1) is for a purpose not prohibited under the Chemical 
     Weapons Convention; and
       ``(2) is of a type and quantity that under the 
     circumstances is consistent with that purpose.
       ``(d) Destruction or Other Disposition.--The Attorney 
     General shall provide for the destruction or other 
     appropriate disposition of any chemical weapon seized and 
     forfeited pursuant to this section.
       ``(e) Assistance.--The Attorney General may request the 
     head of any agency of the United States to assist in the 
     handling, storage, transportation, or destruction of property 
     seized under this section.
       ``(f) Owner Liability.--The owner or possessor of any 
     property seized under this section shall be liable to the 
     United States for any expenses incurred incident to the 
     seizure, including any expenses relating to the handling, 
     storage, transportation, and destruction or other disposition 
     of the seized property.

     ``Sec. 229C. Individual self-defense devices

       ``Nothing in this chapter shall be construed to prohibit 
     any individual self-defense device, including those using a 
     pepper spray or chemical mace.

     ``Sec. 229D. Injunctions

       ``The United States may obtain in a civil action an 
     injunction against--
       ``(1) the conduct prohibited under section 229 or 229C of 
     this title; or
       ``(2) the preparation or solicitation to engage in conduct 
     prohibited under section 229 or 229D of this title.

     ``Sec. 229E. Requests for military assistance to enforce 
       prohibition in certain emergencies

       ``The Attorney General may request the Secretary of Defense 
     to provide assistance under section 382 of title 10 in 
     support of Department of Justice activities relating to the 
     enforcement of section 229 of this title in an emergency 
     situation involving a chemical weapon. The authority to make 
     such a request may be exercised by another official of the 
     Department of Justice in accordance with section 382(f)(2) of 
     title 10.

     ``Sec. 229F. Definitions

       ``In this chapter:
       ``(1) Chemical weapon.--The term `chemical weapon' means 
     the following, together or separately:
       ``(A) A toxic chemical and its precursors, except where 
     intended for a purpose not prohibited under this chapter as 
     long as the type and quantity is consistent with such a 
     purpose.
       ``(B) A munition or device, specifically designed to cause 
     death or other harm through toxic properties of those toxic 
     chemicals specified in subparagraph (A), which would be 
     released as a result of the employment of such munition or 
     device.
       ``(C) Any equipment specifically designed for use directly 
     in connection with the employment of munitions or devices 
     specified in subparagraph (B).
       ``(2) Chemical weapons convention; convention.--The terms 
     `Chemical Weapons Convention' and `Convention' mean the 
     Convention on the Prohibition of the Development, Production, 
     Stockpiling and Use of Chemical Weapons and on Their 
     Destruction, opened for signature on January 13, 1993.
       ``(3) Key component of a binary or multicomponent chemical 
     system.--The term `key component of a binary or 
     multicomponent chemical system' means the precursor which 
     plays the most important role in determining the toxic 
     properties of the final product and reacts rapidly with other 
     chemicals in the binary or multicomponent system.
       ``(4) National of the united states.--The term `national of 
     the United States' has the same meaning given such term in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)).
       ``(5) Person.--The term `person', except as otherwise 
     provided, means any individual, corporation, partnership, 
     firm, association, trust, estate, public or private 
     institution, any State or any political subdivision thereof, 
     or any political entity within a State, any foreign 
     government or nation or any agency, instrumentality or 
     political subdivision of any such government or nation, or 
     other entity located in the United States.
       ``(6) Precursor.--
       ``(A) In general.--The term `precursor' means any chemical 
     reactant which takes part at any stage in the production by 
     whatever method of a toxic chemical. The term includes any 
     key component of a binary or multicomponent chemical system.
       ``(B) List of precursors.--Precursors which have been 
     identified for the application of verification measures under 
     Article VI of the Convention are listed in schedules 
     contained in the Annex on Chemicals of the Chemical Weapons 
     Convention.
       ``(7) Purposes not prohibited by this chapter.--The term 
     `purposes not prohibited by this chapter' means the 
     following:
       ``(A) Peaceful purposes.--Any peaceful purpose related to 
     an industrial, agricultural, research, medical, or 
     pharmaceutical activity or other activity.
       ``(B) Protective purposes.--Any purpose directly related to 
     protection against toxic chemicals and to protection against 
     chemical weapons.

[[Page H11278]]

       ``(C) Unrelated military purposes.--Any military purpose of 
     the United States that is not connected with the use of a 
     chemical weapon or that is not dependent on the use of the 
     toxic or poisonous properties of the chemical weapon to cause 
     death or other harm.
       ``(D) Law enforcement purposes.--Any law enforcement 
     purpose, including any domestic riot control purpose and 
     including imposition of capital punishment.
       ``(8) Toxic chemical.--
       ``(A) In general.--The term `toxic chemical' means any 
     chemical which through its chemical action on life processes 
     can cause death, temporary incapacitation or permanent harm 
     to humans or animals. The term includes all such chemicals, 
     regardless of their origin or of their method of production, 
     and regardless of whether they are produced in facilities, in 
     munitions or elsewhere.
       ``(B) List of toxic chemicals.--Toxic chemicals which have 
     been identified for the application of verification measures 
     under Article VI of the Convention are listed in schedules 
     contained in the Annex on Chemicals of the Chemical Weapons 
     Convention.
       ``(9) United states.--The term `United States' means the 
     several States of the United States, the District of 
     Columbia, and the commonwealths, territories, and possessions 
     of the United States and includes all places under the 
     jurisdiction or control of the United States, including--
       ``(A) any of the places within the provisions of paragraph 
     (41) of section 40102 of title 49, United States Code;
       ``(B) any civil aircraft of the United States or public 
     aircraft, as such terms are defined in paragraphs (17) and 
     (37), respectively, of section 40102 of title 49, United 
     States Code; and
       ``(C) any vessel of the United States, as such term is 
     defined in section 3(b) of the Maritime Drug Enforcement Act, 
     as amended (46 U.S.C., App. sec. 1903(b)).''.
       (b) Conforming Amendments.--
       (1) Weapons of mass destruction.--Section 2332a of title 
     18, United States Code, is amended--
       (A) by striking ``Sec. 2332a. Use of weapons of mass 
     destruction'' and inserting ``Sec. 2332a. Use of certain 
     weapons of mass destruction'';
       (B) in subsection (a), by inserting ``(other than a 
     chemical weapon as that term is defined in section 229F)'' 
     after ``weapon of mass destruction''; and
       (C) in subsection (b), by inserting ``(other than a 
     chemical weapon (as that term is defined in section 229F))'' 
     after ``weapon of mass destruction''.
       (2) Table of chapters.--The table of chapters for part I of 
     title 18, United States Code, is amended by inserting after 
     the item for chapter 11A the following new item:

``11B. Chemical Weapons......................................229''.....

       (c) Repeals.--The following provisions of law are repealed:
       (1) Section 2332c of title 18, United States Code, relating 
     to chemical weapons.
       (2) In the table of sections for chapter 113B of title 18, 
     United States Code, the item relating to section 2332c.

              Subtitle B--Revocations of Export Privileges

     SEC. 211. REVOCATIONS OF EXPORT PRIVILEGES.

       If the President determines, after notice and an 
     opportunity for a hearing in accordance with section 554 of 
     title 5, United States Code, that any person within the 
     United States, or any national of the United States located 
     outside the United States, has committed any violation of 
     section 229 of title 18, United States Code, the President 
     may issue an order for the suspension or revocation of the 
     authority of the person to export from the United States any 
     goods or technology (as such terms are defined in section 16 
     of the Export Administration Act of 1979 (50 U.S.C. App. 
     2415)).

                         TITLE III--INSPECTIONS

     SEC. 301. DEFINITIONS IN THE TITLE.

       (a) In General.--In this title, the terms ``challenge 
     inspection'', ``plant site'', ``plant'', ``facility 
     agreement'', ``inspection team'', and ``requesting state 
     party'' have the meanings given those terms in Part I of the 
     Annex on Implementation and Verification of the Chemical 
     Weapons Convention. The term ``routine inspection'' means an 
     inspection, other than an ``initial inspection'', undertaken 
     pursuant to Article VI of the Convention.
       (b) Definition of Judge of the United States.--In this 
     title, the term ``judge of the United States'' means a judge 
     or magistrate judge of a district court of the United States.

     SEC. 302. FACILITY AGREEMENTS.

       (a) Authorization of Inspections.--Inspections by the 
     Technical Secretariat of plants, plant sites, or other 
     facilities or locations for which the United States has a 
     facility agreement with the Organization shall be conducted 
     in accordance with the facility agreement. Any such facility 
     agreement may not in any way limit the right of the owner or 
     operator of the facility to withhold consent to an inspection 
     request.
       (b) Types of Facility Agreements.--
       (1) Schedule two facilities.--The United States National 
     Authority shall ensure that facility agreements for plants, 
     plant sites, or other facilities or locations that are 
     subject to inspection pursuant to paragraph 4 of Article VI 
     of the Convention are concluded unless the owner, operator, 
     occupant, or agent in charge of the facility and the 
     Technical Secretariat agree that such an agreement is not 
     necessary.
       (2) Schedule three facilities.--The United States National 
     Authority shall ensure that facility agreements are concluded 
     for plants, plant sites, or other facilities or locations 
     that are subject to inspection pursuant to paragraph 5 or 6 
     of Article VI of the Convention if so requested by the owner, 
     operator, occupant, or agent in charge of the facility.
       (c) Notification Requirements.--The United States National 
     Authority shall ensure that the owner, operator, occupant, or 
     agent in charge of a facility prior to the development of the 
     agreement relating to that facility is notified and, if the 
     person notified so requests, the person may participate in 
     the preparations for the negotiation of such an agreement. To 
     the maximum extent practicable consistent with the 
     Convention, the owner and the operator, occupant or agent in 
     charge of a facility may observe negotiations of the 
     agreement between the United States and the Organization 
     concerning that facility.
       (d) Content of Facility Agreements.--Facility agreements 
     shall--
       (1) identify the areas, equipment, computers, records, 
     data, and samples subject to inspection;
       (2) describe the procedures for providing notice of an 
     inspection to the owner, occupant, operator, or agent in 
     charge of a facility;
       (3) describe the timeframes for inspections; and
       (4) detail the areas, equipment, computers, records, data, 
     and samples that are not subject to inspection.

     SEC. 303. AUTHORITY TO CONDUCT INSPECTIONS.

       (a) Prohibition.--No inspection of a plant, plant site, or 
     other facility or location in the United States shall take 
     place under the Convention without the authorization of the 
     United States National Authority in accordance with the 
     requirements of this title.
       (b) Authority.--
       (1) Technical secretariat inspection teams.--Any duly 
     designated member of an inspection team of the Technical 
     Secretariat may inspect any plant, plant site, or other 
     facility or location in the United States subject to 
     inspection pursuant to the Convention.
       (2) United states government representatives.--The United 
     States National Authority shall coordinate the designation of 
     employees of the Federal Government to accompany members of 
     an inspection team of the Technical Secretariat and, in doing 
     so, shall ensure that--
       (A) a special agent of the Federal Bureau of Investigation, 
     as designated by the Federal Bureau of Investigation, 
     accompanies each inspection team visit pursuant to paragraph 
     (1);
       (B) no employee of the Environmental Protection Agency or 
     the Occupational Safety and Health Administration accompanies 
     any inspection team visit conducted pursuant to paragraph 
     (1); and
       (C) the number of duly designated representatives shall be 
     kept to the minimum necessary.
       (3) Objections to individuals serving as inspectors.--
       (A) In general.--In deciding whether to exercise the right 
     of the United States under the Convention to object to an 
     individual serving as an inspector, the President shall give 
     great weight to his reasonable belief that--
       (i) such individual is or has been a member of, or a 
     participant in, any group or organization that has engaged 
     in, or attempted or conspired to engage in, or aided or 
     abetted in the commission of, any terrorist act or activity;
       (ii) such individual has committed any act or activity 
     which would be a felony under the laws of the United States; 
     or
       (iii) the participation of such individual as a member of 
     an inspection team would pose a risk to the national security 
     or economic well-being of the United States.
       (B) Not subject to judicial review.--Any objection by the 
     President to an individual serving as an inspector, whether 
     made pursuant to this section or otherwise, shall not be 
     reviewable in any court.

     SEC. 304. PROCEDURES FOR INSPECTIONS.

       (a) Types of Inspections.--Each inspection of a plant, 
     plant site, or other facility or location in the United 
     States under the Convention shall be conducted in accordance 
     with this section and section 305, except where other 
     procedures are provided in a facility agreement entered into 
     under section 302.
       (b) Notice.--
       (1) In general.--An inspection referred to in subsection 
     (a) may be made only upon issuance of an actual written 
     notice by the United States National Authority to the owner 
     and to the operator, occupant, or agent in charge of the 
     premises to be inspected.
       (2) Time of Notification.--The notice for a routine 
     inspection shall be submitted to the owner and to the 
     operator, occupant, or agent in charge within six hours of 
     receiving the notification of the inspection from the 
     Technical Secretariat or as soon as possible thereafter. 
     Notice for a challenge inspection shall be provided at any 
     appropriate time determined by the United States National 
     Authority. Notices may be posted prominently at the plant, 
     plant site, or other facility or location if the United 
     States is unable to provide actual written notice to the 
     owner, operator, or agent in charge of the premises.
       (3) Content of notice.--
       (A) In general.--The notice under paragraph (1) shall 
     include all appropriate information supplied by the Technical 
     Secretariat to the United States National Authority 
     concerning--
       (i) the type of inspection;
       (ii) the basis for the selection of the plant, plant site, 
     or other facility or location for the type of inspection 
     sought;
       (iii) the time and date that the inspection will begin and 
     the period covered by the inspection; and
       (iv) the names and titles of the inspectors.
       (B) Special rule for challenge inspections.--In the case of 
     a challenge inspection pursuant to Article IX of the 
     Convention, the notice shall also include all appropriate 
     evidence or reasons provided by the requesting state party to 
     the Convention for seeking the inspection.

[[Page H11279]]

       (4) Separate notices required.--A separate notice shall be 
     provided for each inspection, except that a notice shall not 
     be required for each entry made during the period covered by 
     the inspection.
       (c) Credentials.--The head of the inspection team of the 
     Technical Secretariat and the accompanying employees of the 
     Federal government shall display appropriate identifying 
     credentials to the owner, operator, occupant, or agent in 
     charge of the premises before the inspection is commenced.
       (d) Timeframe for Inspections.--Consistent with the 
     provisions of the Convention, each inspection shall be 
     commenced and completed with reasonable promptness and shall 
     be conducted at reasonable times, within reasonable limits, 
     and in a reasonable manner.
       (e) Scope.--
       (1) In general.--Except as provided in a warrant issued 
     under section 305 or a facility agreement entered into under 
     section 302, an inspection conducted under this title may 
     extend to all things within the premises inspected (including 
     records, files, papers, processes, controls, structures and 
     vehicles) related to whether the requirements of the 
     Convention applicable to such premises have been complied 
     with.
       (2) Exception.--Unless required by the Convention, no 
     inspection under this title shall extend to--
       (A) financial data;
       (B) sales and marketing data (other than shipment data);
       (C) pricing data;
       (D) personnel data;
       (E) research data;
       (F) patent data;
       (G) data maintained for compliance with environmental or 
     occupational health and safety regulations; or
       (H) personnel and vehicles entering and personnel and 
     personal passenger vehicles exiting the facility.
       (f) Sampling and Safety.--
       (1) In general.--The Director of the United States National 
     Authority is authorized to require the provision of samples 
     to a member of the inspection team of the Technical 
     Secretariat in accordance with the provisions of the 
     Convention. The owner or the operator, occupant or agent in 
     charge of the premises to be inspected shall determine 
     whether the sample shall be taken by representatives of the 
     premises or the inspection team or other individuals present. 
     No sample collected in the United States pursuant to an 
     inspection permitted by this Act may be transferred for 
     analysis to any laboratory outside the territory of the 
     United States.
       (2) Compliance with regulations.--In carrying out their 
     activities, members of the inspection team of the Technical 
     Secretariat and representatives of agencies or departments 
     accompanying the inspection team shall observe safety 
     regulations established at the premises to be inspected, 
     including those for protection of controlled environments 
     within a facility and for personal safety.
       (g) Coordination.--The appropriate representatives of the 
     United States, as designated, if present, shall assist the 
     owner and the operator, occupant or agent in charge of the 
     premises to be inspected in interacting with the members of 
     the inspection team of the Technical Secretariat.

     SEC. 305. WARRANTS.

       (a) In General.--The United States Government shall seek 
     the consent of the owner or the operator, occupant, or agent 
     in charge of the premises to be inspected prior to any 
     inspection referred to in section 304(a). If consent is 
     obtained, a warrant is not required for the inspection. The 
     owner or the operator, occupant, or agent in charge of the 
     premises to be inspected may withhold consent for any reason 
     or no reason. After providing notification pursuant to 
     subsection (b), the United States Government may seek a 
     search warrant from a United States magistrate judge. 
     Proceedings regarding the issuance of a search warrant shall 
     be conducted ex parte, unless otherwise requested by the 
     United States Government.
       (b) Routine Inspections.--
       (1) Obtaining administrative search warrants.--For any 
     routine inspection conducted on the territory of the United 
     States pursuant to Article VI of the Convention, where 
     consent has been withheld, the United States Government shall 
     first obtain an administrative search warrant from a judge of 
     the United States. The United States Government shall provide 
     to the judge of the United States all appropriate information 
     supplied by the Technical Secretariat to the United States 
     National Authority regarding the basis for the selection of 
     the plant site, plant, or other facility or location for the 
     type of inspection sought. The United States Government shall 
     also provide any other appropriate information available to 
     it relating to the reasonableness of the selection of the 
     plant, plant site, or other facility or location for the 
     inspection.
       (2) Content of affidavits for administrative search 
     warrants.--The judge of the United States shall promptly 
     issue a warrant authorizing the requested inspection upon an 
     affidavit submitted by the United States Government showing 
     that--
       (A) the Chemical Weapons Convention is in force for the 
     United States;
       (B) the plant site, plant, or other facility or location 
     sought to be inspected is required to report data under title 
     IV of this Act and is subject to routine inspection under the 
     Convention;
       (C) the purpose of the inspection is--
       (i) in the case of any facility owned or operated by a non-
     Government entity related to Schedule 1 chemical agents, to 
     verify that the facility is not used to produce any Schedule 
     1 chemical agent except for declared chemicals; quantities of 
     Schedule 1 chemicals produced, processed, or consumed are 
     correctly declared and consistent with needs for the declared 
     purpose; and Schedule 1 chemicals are not diverted or used 
     for other purposes;
       (ii) in the case of any facility related to Schedule 2 
     chemical agents, to verify that activities are in accordance 
     with obligations under the Convention and consistent with the 
     information provided in data declarations; and
       (iii) in the case of any facility related to Schedule 3 
     chemical agents and any other chemical production facility, 
     to verify that the activities of the facility are consistent 
     with the information provided in data declarations;
       (D) the items, documents, and areas to be searched and 
     seized;
       (E) in the case of a facility related to Schedule 2 or 
     Schedule 3 chemical agents or unscheduled discrete organic 
     chemicals, the plant site has not been subject to more than 1 
     routine inspection in the current calendar year, and, in the 
     case of facilities related to Schedule 3 chemical agents or 
     unscheduled discrete organic chemicals, the inspection will 
     not cause the number of routine inspections in the United 
     States to exceed 20 in a calendar year;
       (F) the selection of the site was made in accordance with 
     procedures established under the Convention and, in 
     particular--
       (i) in the case of any facility owned or operated by a non-
     Government entity related to Schedule 1 chemical agents, the 
     intensity, duration, timing, and mode of the requested 
     inspection is based on the risk to the object and purpose of 
     the Convention by the quantities of chemical produced, the 
     characteristics of the facility and the nature of 
     activities carried out at the facility, and the requested 
     inspection, when considered with previous such inspections 
     of the facility undertaken in the current calendar year, 
     shall not exceed the number reasonably required based on 
     the risk to the object and purpose of the Convention as 
     described above;
       (ii) in the case of any facility related to Schedule 2 
     chemical agents, the Technical Secretariat gave due 
     consideration to the risk to the object and purpose of the 
     Convention posed by the relevant chemical, the 
     characteristics of the plant site and the nature of 
     activities carried out there, taking into account the 
     respective facility agreement as well as the results of the 
     initial inspections and subsequent inspections; and
       (iii) in the case of any facility related to Schedule 3 
     chemical agents or unscheduled discrete organic chemicals, 
     the facility was selected randomly by the Technical 
     Secretariat using appropriate mechanisms, such as 
     specifically designed computer software, on the basis of two 
     weighting factors: (I) equitable geographical distribution of 
     inspections; and (II) the information on the declared sites 
     available to the Technical Secretariat, related to the 
     relevant chemical, the characteristics of the plant site, and 
     the nature of activities carried out there;
       (G) the earliest commencement and latest closing dates and 
     times of the inspection; and
       (H) the duration of inspection will not exceed time limits 
     specified in the Convention unless agreed by the owner, 
     operator, or agent in charge of the plant.
       (3) Content of warrants.--A warrant issued under paragraph 
     (2) shall specify the same matters required of an affidavit 
     under that paragraph. In addition to the requirements for a 
     warrant issued under this paragraph, each warrant shall 
     contain, if known, the identities of the representatives of 
     the Technical Secretariat conducting the inspection and the 
     observers of the inspection and, if applicable, the 
     identities of the representatives of agencies or departments 
     of the United States accompanying those representatives.
       (4) Challenge inspections.--
       (A) Criminal search warrant.--For any challenge inspection 
     conducted on the territory of the United States pursuant to 
     Article IX of the Chemical Weapons Convention, where consent 
     has been withheld, the United States Government shall first 
     obtain from a judge of the United States a criminal search 
     warrant based upon probable cause, supported by oath or 
     affirmation, and describing with particularity the place to 
     be searched and the person or things to be seized.
       (B) Information provided.--The United States Government 
     shall provide to the judge of the United States--
       (i) all appropriate information supplied by the Technical 
     Secretariat to the United States National Authority regarding 
     the basis for the selection of the plant site, plant, or 
     other facility or location for the type of inspection sought;
       (ii) any other appropriate information relating to the 
     reasonableness of the selection of the plant, plant site, or 
     other facility or location for the inspection;
       (iii) information concerning--

       (I) the duration and scope of the inspection;
       (II) areas to be inspected;
       (III) records and data to be reviewed; and
       (IV) samples to be taken;

       (iv) appropriate evidence or reasons provided by the 
     requesting state party for the inspection;
       (v) any other evidence showing probable cause to believe 
     that a violation of this Act has occurred or is occurring; 
     and
       (vi) the identities of the representatives of the Technical 
     Secretariat on the inspection team and the Federal Government 
     employees accompanying the inspection team.
       (C) Content of warrant.--The warrant shall specify--
       (i) the type of inspection authorized;
       (ii) the purpose of the inspection;
       (iii) the type of plant site, plant, or other facility or 
     location to be inspected;
       (iv) the areas of the plant site, plant, or other facility 
     or location to be inspected;
       (v) the items, documents, data, equipment, and computers 
     that may be inspected or seized;
       (vi) samples that may be taken;
       (vii) the earliest commencement and latest concluding dates 
     and times of the inspection; and

[[Page H11280]]

       (viii) the identities of the representatives of the 
     Technical Secretariat on the inspection teams and the Federal 
     Government employees accompanying the inspection team.

     SEC. 306. PROHIBITED ACTS RELATING TO INSPECTIONS.

       It shall be unlawful for any person willfully to fail or 
     refuse to permit entry or inspection, or to disrupt, delay, 
     or otherwise impede an inspection, authorized by this Act.

     SEC. 307. NATIONAL SECURITY EXCEPTION.

       Consistent with the objective of eliminating chemical 
     weapons, the President may deny a request to inspect any 
     facility in the United States in cases where the President 
     determines that the inspection may pose a threat to the 
     national security interests of the United States.

     SEC. 308. PROTECTION OF CONSTITUTIONAL RIGHTS OF CONTRACTORS.

       (a) The Office of Federal Procurement Policy Act (41 U.S.C. 
     403 et seq.) is amended by adding at the end the following:

     ``SEC. 39. PROTECTION OF CONSTITUTIONAL RIGHTS OF 
                   CONTRACTORS.

       ``(a) Prohibition.--A contractor may not be required, as a 
     condition for entering into a contract with the Federal 
     Government, to waive any right under the Constitution for any 
     purpose related to Chemical Weapons Convention Implementation 
     Act of 1997 or the Chemical Weapons Convention (as defined in 
     section 3 of such Act.)
       ``(b) Construction.--Nothing in subsection (a) shall be 
     construed to prohibit an executive agency from including in a 
     contract a clause that requires the contractor to permit 
     inspections for the purpose of ensuring that the contractor 
     is performing the contract in accordance with the provisions 
     of the contract.''.
       (b) The table of contents in section 1(b) of such Act is 
     amended by adding at the end the following:

``Sec. 39. Protection of constitutional rights of contractors.''.

     SEC. 309. ANNUAL REPORT ON INSPECTIONS.

       (a) In General.--Not later than one year after the date of 
     enactment of this Act, and annually thereafter, the President 
     shall submit a report in classified and unclassified form to 
     the appropriate congressional committees on inspections made 
     under the Convention during the preceding year.
       (b) Content of Reports.--Each report shall contain the 
     following information for the reporting period:
       (1) The name of each company or entity subject to the 
     jurisdiction of the United States reporting data pursuant to 
     title IV of this Act.
       (2) The number of inspections under the Convention 
     conducted on the territory of the United States.
       (3) The number and identity of inspectors conducting any 
     inspection described in paragraph (2) and the number of 
     inspectors barred from inspection by the United States.
       (4) The cost to the United States for each inspection 
     described in paragraph (2).
       (5) The total costs borne by United States business firms 
     in the course of inspections described in paragraph (2).
       (6) A description of the circumstances surrounding 
     inspections described in paragraph (2), including instances 
     of possible industrial espionage and misconduct of 
     inspectors.
       (7) The identity of parties claiming loss of trade secrets, 
     the circumstances surrounding those losses, and the efforts 
     taken by the United States Government to redress those 
     losses.
       (8) A description of instances where inspections under the 
     Convention outside the United States have been disrupted or 
     delayed.
       (c) Definition.--The term ``appropriate congressional 
     committees'' means the Committee on the Judiciary, the 
     Committee on Foreign Relations, and the Select Committee on 
     Intelligence of the Senate and the Committee on the 
     Judiciary, the Committee on International Relations, and the 
     Permanent Select Committee on Intelligence of the House of 
     Representatives.

     SEC. 310. UNITED STATES ASSISTANCE IN INSPECTIONS AT PRIVATE 
                   FACILITIES.

       (a) Assistance in Preparation for Inspections.--At the 
     request of an owner of a facility not owned or operated by 
     the United States Government, or contracted for use by or for 
     the United States Government, the Secretary of Defense may 
     assist the facility to prepare the facility for possible 
     inspections pursuant to the Convention.
       (b) Reimbursement Requirement.--
       (1) In general.--Except as provided in paragraph (2), the 
     owner of a facility provided assistance under subsection (a) 
     shall reimburse the Secretary for the costs incurred by the 
     Secretary in providing the assistance.
       (2) Exception.--In the case of assistance provided under 
     subsection (a) to a facility owned by a person described in 
     subsection (c), the United States National Authority shall 
     reimburse the Secretary for the costs incurred by the 
     Secretary in providing the assistance.
       (c) Owners Covered by United States National Authority 
     Reimbursements.--Subsection (b)(2) applies in the case of 
     assistance provided to the following:
       (1) Small business concerns.--A small business concern as 
     defined in section 3 of the Small Business Act.
       (2) Domestic producers of schedule 3 or unscheduled 
     discrete organic chemicals.--Any person located in the United 
     States that--
       (A) does not possess, produce, process, consume, import, or 
     export any Schedule 1 or Schedule 2 chemical; and
       (B) in the calendar year preceding the year in which the 
     assistance is to be provided, produced--
       (i) more than 30 metric tons of Schedule 3 or unscheduled 
     discrete organic chemicals that contain phosphorous, sulfur, 
     or fluorine; or
       (ii) more than 200 metric tons of unscheduled discrete 
     organic chemicals.
                           TITLE IV--REPORTS

     SEC. 401. REPORTS REQUIRED BY THE UNITED STATES NATIONAL 
                   AUTHORITY.

       (a) Regulations on Recordkeeping.--
       (1) Requirements.--The United States National Authority 
     shall ensure that regulations are prescribed that require 
     each person located in the United States who produces, 
     processes, consumes, exports, or imports, or proposes to 
     produce, process, consume, export, or import, a chemical 
     substance that is subject to the Convention to--
       (A) maintain and permit access to records related to that 
     production, processing, consumption, export, or import of 
     such substance; and
       (B) submit to the Director of the United States National 
     Authority such reports as the United States National 
     Authority may reasonably require to provide to the 
     Organization, pursuant to subparagraph 1(a) of the Annex on 
     Confidentiality of the Convention, the minimum amount of 
     information and data necessary for the timely and efficient 
     conduct by the Organization of its responsibilities under the 
     Convention.
       (2) Rulemaking.--The Director of the United States National 
     Authority shall ensure that regulations pursuant to this 
     section are prescribed expeditiously.
       (b) Coordination.--
       (1) Avoidance of duplication.--To the extent feasible, the 
     United States Government shall not require the submission of 
     any report that is unnecessary or duplicative of any report 
     required by or under any other law. The head of each Federal 
     agency shall coordinate the actions of that agency with the 
     heads of the other Federal agencies in order to avoid the 
     imposition of duplicative reporting requirements under this 
     Act or any other law.
       (2) Definition.--As used in paragraph (1), the term 
     ``Federal agency'' has the meaning given the term ``agency'' 
     in section 551(1) of title 5, United States Code.

     SEC. 402. PROHIBITION RELATING TO LOW CONCENTRATIONS OF 
                   SCHEDULE 2 AND 3 CHEMICALS.

       (a) Prohibition.--Notwithstanding any other provision of 
     this Act, no person located in the United States shall be 
     required to report on, or to submit to, any routine 
     inspection conducted for the purpose of verifying the 
     production, possession, consumption, exportation, 
     importation, or proposed production, possession, consumption, 
     exportation, or importation of any substance that contains 
     less than--
       (1) 10 percent concentration of a Schedule 2 chemical; or
       (2) 80 percent concentration of a Schedule 3 chemical.
       (b) Standard for Measurement of Concentration.--The percent 
     concentration of a chemical in a substance shall be measured 
     on the basis of volume or total weight, which measurement 
     yields the lesser percent.

     SEC. 403. PROHIBITION RELATING TO UNSCHEDULED DISCRETE 
                   ORGANIC CHEMICALS AND COINCIDENTAL BYPRODUCTS 
                   IN WASTE STREAMS.

       (a) Prohibition.--Notwithstanding any other provision of 
     this Act, no person located in the United States shall be 
     required to report on, or to submit to, any routine 
     inspection conducted for the purpose of verifying the 
     production, possession, consumption, exportation, 
     importation, or proposed production, possession, consumption, 
     exportation, or importation of any substance that is--
       (1) an unscheduled discrete organic chemical; and
       (2) a coincidental byproduct of a manufacturing or 
     production process that is not isolated or captured for use 
     or sale during the process and is routed to, or escapes, from 
     the waste stream of a stack, incinerator, or wastewater 
     treatment system or any other waste stream.

     SEC. 404. CONFIDENTIALITY OF INFORMATION.

       (a) Freedom of Information Act Exemption for Certain 
     Convention Information.--Except as provided in subsection (b) 
     or (c), any confidential business information, as defined in 
     section 103(g), reported to, or otherwise acquired by, the 
     United States Government under this Act or under the 
     Convention shall not be disclosed under section 552(a) of 
     title 5, United States Code.
       (b) Exceptions.--
       (1) Information for the technical secretariat.--Information 
     shall be disclosed or otherwise provided to the Technical 
     Secretariat or other states parties to the Chemical Weapons 
     Convention in accordance with the Convention, in particular, 
     the provisions of the Annex on the Protection of Confidential 
     Information.
       (2) Information for congress.--Information shall be made 
     available to any committee or subcommittee of Congress with 
     appropriate jurisdiction upon the written request of the 
     chairman or ranking minority member of such committee or 
     subcommittee, except that no such committee or subcommittee, 
     and no member and no staff member of such committee or 
     subcommittee, shall disclose such information or material 
     except as otherwise required or authorized by law.
       (3) Information for enforcement actions.--Information shall 
     be disclosed to other Federal agencies for enforcement of 
     this Act or any other law, and shall be disclosed or 
     otherwise provided when relevant in any proceeding under this 
     Act or any other law, except that disclosure or provision in 
     such a proceeding shall be made in such manner as to preserve 
     confidentiality to the extent practicable without impairing 
     the proceeding.
       (c) Information Disclosed in the National Interest.--
       (1) Authority.--The United States Government shall disclose 
     any information reported to, or otherwise required by the 
     United States Government under this Act or the Convention, 
     including categories of such information, that it determines 
     is in the national interest to disclose

[[Page H11281]]

     and may specify the form in which such information is to be 
     disclosed.
       (2) Notice of disclosure.--
       (A) Requirement.--If any Department or agency of the United 
     States Government proposes pursuant to paragraph (1) to 
     publish or disclose or otherwise provide information exempt 
     from disclosure under subsection (a), the United States 
     National Authority shall, unless contrary to national 
     security or law enforcement needs, provide notice of intent 
     to disclose the information--
       (i) to the person that submitted such information; and
       (ii) in the case of information about a person received 
     from another source, to the person to whom that information 
     pertains.
     The information may not be disclosed until the expiration of 
     30 days after notice under this paragraph has been provided.
       (B) Proceedings on objections.--In the event that the 
     person to which the information pertains objects to the 
     disclosure, the agency shall promptly review the grounds for 
     each objection of the person and shall afford the objecting 
     person a hearing for the purpose of presenting the objections 
     to the disclosure. Not later than 10 days before the 
     scheduled or rescheduled date for the disclosure, the United 
     States National Authority shall notify such person regarding 
     whether such disclosure will occur notwithstanding the 
     objections.
       (d) Criminal Penalty for Wrongful Disclosure.--Any officer 
     or employee of the United States, and any former officer or 
     employee of the United States, who by reason of such 
     employment or official position has obtained possession of, 
     or has access to, information the disclosure or other 
     provision of which is prohibited by subsection (a), and who, 
     knowing that disclosure or provision of such information is 
     prohibited by such subsection, willfully discloses or 
     otherwise provides the information in any manner to any 
     person (including any person located outside the territory of 
     the United States) not authorized to receive it, shall be 
     fined under title 18, United States Code, or imprisoned for 
     not more than five years, or both.
       (e) Criminal Forfeiture.--The property of any person who 
     violates subsection (d) shall be subject to forfeiture to the 
     United States in the same manner and to the same extent as is 
     provided in section 229C of title 18, United States Code, as 
     added by this Act.
       (f) International Inspectors.--The provisions of this 
     section shall also apply to employees of the Technical 
     Secretariat.

     SEC. 405. RECORDKEEPING VIOLATIONS.

       It shall be unlawful for any person willfully to fail or 
     refuse--
       (1) to establish or maintain any record required by this 
     Act or any regulation prescribed under this Act;
       (2) to submit any report, notice, or other information to 
     the United States Government in accordance with this Act or 
     any regulation prescribed under this Act; or
       (3) to permit access to or copying of any record that is 
     exempt from disclosure under this Act or any regulation 
     prescribed under this Act.
                          TITLE V--ENFORCEMENT

     SEC. 501. PENALTIES.

       (a) Civil.--
       (1) Penalty amounts.--
       (A) Prohibited acts relating to inspections.--Any person 
     that is determined, in accordance with paragraph (2), to have 
     violated section 306 of this Act shall be required by order 
     to pay a civil penalty in an amount not to exceed $25,000 for 
     each such violation. For purposes of this paragraph, each day 
     such a violation of section 306 continues shall constitute a 
     separate violation of that section.
       (B) Recordkeeping violations.--Any person that is 
     determined, in accordance with paragraph (2), to have 
     violated section 405 of this Act shall be required by order 
     to pay a civil penalty in an amount not to exceed $5,000 for 
     each such violation.
       (2) Hearing.--
       (A) In general.--Before imposing an order described in 
     paragraph (1) against a person under this subsection for a 
     violation of section 306 or 405, the Secretary of State shall 
     provide the person or entity with notice and, upon request 
     made within 15 days of the date of the notice, a hearing 
     respecting the violation.
       (B) Conduct of hearing.--Any hearing so requested shall be 
     conducted before an administrative law judge. The hearing 
     shall be conducted in accordance with the requirements of 
     section 554 of title 5, United States Code. If no hearing is 
     so requested, the Secretary of State's imposition of the 
     order shall constitute a final and unappealable order.
       (C) Issuance of orders.--If the administrative law judge 
     determines, upon the preponderance of the evidence received, 
     that a person or entity named in the complaint has violated 
     section 306 or 405, the administrative law judge shall state 
     his findings of fact and issue and cause to be served on such 
     person or entity an order described in paragraph (1).
       (D) Factors for determination of penalty amounts.--In 
     determining the amount of any civil penalty, the 
     administrative law judge shall take into account the nature, 
     circumstances, extent, and gravity of the violation or 
     violations and, with respect to the violator, the ability to 
     pay, effect on ability to continue to do business, any 
     history of prior such violations, the degree of culpability, 
     the existence of an internal compliance program, and such 
     other matters as justice may require.
       (3) Administrative appellate review.--The decision and 
     order of an administrative law judge shall become the final 
     agency decision and order of the head of the United States 
     National Authority unless, within 30 days, the head of the 
     United States National Authority modifies or vacates the 
     decision and order, with or without conditions, in which case 
     the decision and order of the head of the United States 
     National Authority shall become a final order under this 
     subsection.
       (4) Offsets.--The amount of the civil penalty under a final 
     order of the United States National Authority may be deducted 
     from any sums owed by the United States to the person.
       (5) Judicial review.--A person adversely affected by a 
     final order respecting an assessment may, within 30 days 
     after the date the final order is issued, file a petition in 
     the Court of Appeals for the District of Columbia Circuit or 
     for any other circuit in which the person resides or 
     transacts business.
       (6) Enforcement of orders.--If a person fails to comply 
     with a final order issued under this subsection against the 
     person or entity--
       (A) after the order making the assessment has become a 
     final order and if such person does not file a petition for 
     judicial review of the order in accordance with paragraph 
     (5), or
       (B) after a court in an action brought under paragraph (5) 
     has entered a final judgment in favor of the United States 
     National Authority, the Secretary of State shall file a suit 
     to seek compliance with the order in any appropriate district 
     court of the United States, plus interest at currently 
     prevailing rates calculated from the date of expiration of 
     the 30-day period referred to in paragraph (5) or the date of 
     such final judgment, as the case may be. In any such suit, 
     the validity and appropriateness of the final order shall not 
     be subject to review.
       (b) Criminal.--Any person who knowingly violates any 
     provision of section 306 or 405 of this Act, shall, in 
     addition to or in lieu of any civil penalty which may be 
     imposed under subsection (a) for such violation, be fined 
     under title 18, United States Code, imprisoned for not more 
     than one year, or both.

     SEC. 502. SPECIFIC ENFORCEMENT.

       (a) Jurisdiction.--The district courts of the United States 
     shall have jurisdiction over civil actions to--
       (1) restrain any violation of section 306 or 405 of this 
     Act; and
       (2) compel the taking of any action required by or under 
     this Act or the Convention.
       (b) Civil Actions.--
       (1) In general.--A civil action described in subsection (a) 
     may be brought--
       (A) in the case of a civil action described in subsection 
     (a)(1), in the United States district court for the judicial 
     district in which any act, omission, or transaction 
     constituting a violation of section 306 or 405 occurred or in 
     which the defendant is found or transacts business; or
       (B) in the case of a civil action described in subsection 
     (a)(2), in the United States district court for the judicial 
     district in which the defendant is found or transacts 
     business.
       (2) Service of process.--In any such civil action process 
     may be served on a defendant wherever the defendant may 
     reside or may be found, whether the defendant resides or may 
     be found within the United States or elsewhere.

     SEC. 503. EXPEDITED JUDICIAL REVIEW.

       (a) Civil Action.--Any person or entity subject to a search 
     under this Act may file a civil action challenging the 
     constitutionality of any provision of this Act. 
     Notwithstanding any other provision of law, during the full 
     calendar year of, and the two full calendar years following, 
     the enactment of this Act, the district court shall accord 
     such a case a priority in its disposition ahead of all other 
     civil actions except for actions challenging the legality and 
     conditions of confinement.
       (b) En Banc Review.--Notwithstanding any other provision of 
     law, during the full calendar year of, and the two full 
     calendar years following, the enactment of this Act, any 
     appeal from a final order entered by a district court in an 
     action brought under subsection (a) shall be heard promptly 
     by the full Court of Appeals sitting en banc.
                   TITLE VI--MISCELLANEOUS PROVISIONS

     SEC. 601. REPEAL.

       Section 808 of the Department of Defense Appropriation 
     Authorization Act, 1978 (50 U.S.C. 1520; relating to the use 
     of human subjects for the testing of chemical or biological 
     agents) is repealed.

     SEC. 602. PROHIBITION.

       (a) In General.--Neither the Secretary of Defense nor any 
     other officer or employee of the United States may, directly 
     or by contract--
       (1) conduct any test or experiment involving the use of any 
     chemical or biological agent on a civilian population; or
       (2) use human subjects for the testing of chemical or 
     biological agents.
       (b) Construction.--Nothing in subsection (a) may be 
     construed to prohibit actions carried out for purposes not 
     prohibited by this Act (as defined in section 3(8)).
       (c) Biological Agent Defined.--In this section, the term 
     ``biological agent'' means any micro-organism (including 
     bacteria, viruses, fungi, rickettsiae or protozoa), pathogen, 
     or infectious substance, or any naturally occurring, bio-
     engineered or synthesized component of any such micro-
     organism, pathogen, or infectious substance, whatever its 
     origin or method of production, capable of causing--
       (1) death, disease, or other biological malfunction in a 
     human, an animal, a plant, or another living organism;
       (2) deterioration of food, water, equipment, supplies, or 
     materials of any kind; or
       (3) deleterious alteration of the environment.

     SEC. 603. BANKRUPTCY ACTIONS.

       Section 362(b) of title 11, United States Code, is 
     amended--
       (1) by striking paragraphs (4) and (5); and
       (2) by inserting after paragraph (3) the following:
       ``(4) under paragraph (1), (2), (3), or (6) of subsection 
     (a) of this section, of the commencement or continuation of 
     an action or proceeding

[[Page H11282]]

     by a governmental unit or any organization exercising 
     authority under the Convention on the Prohibition of the 
     Development, Production, Stockpiling and Use of Chemical 
     Weapons and on Their Destruction, opened for signature on 
     January 13, 1993, to enforce such governmental unit's or 
     organization's police and regulatory power, including the 
     enforcement of a judgment other than a money judgment, 
     obtained in an action or proceeding by the governmental unit 
     to enforce such governmental unit's or organization's police 
     or regulatory power;''.

                  DIVISION ____--REVENUES AND MEDICARE

     SEC. 1000. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF 
                   CONTENTS.

       (a) Short Title.--This division may be cited as the ``Tax 
     and Trade Relief Extension Act of 1998''.
       (b) Amendment of 1986 Code.--Except as otherwise expressly 
     provided, whenever in this division an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Internal 
     Revenue Code of 1986.
       (c) Table of Contents.--

                  DIVISION ____--REVENUES AND MEDICARE

Sec. 1000. Short title; amendment of 1986 Code; table of contents.

   TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

Sec. 1001. Research credit.
Sec. 1002. Work opportunity credit.
Sec. 1003. Welfare-to-work credit.
Sec. 1004. Contributions of stock to private foundations; expanded 
              public inspection of private foundations' annual returns.
Sec. 1005. Subpart F exemption for active financing income.
Sec. 1006. Disclosure of return information on income contingent 
              student loans.

                      Subtitle B--Trade Provisions

Sec. 1011. Extension of duty-free treatment under Generalized System of 
              Preferences.
Sec. 1012. Trade adjustment assistance.

                     TITLE II--OTHER TAX PROVISIONS

             Subtitle A--Provisions Relating to Individuals

Sec. 2001. Nonrefundable personal credits fully allowed against regular 
              tax liability during 1998.
Sec. 2002. 100 percent deduction for health insurance costs of self-
              employed individuals.
Sec. 2003. Modification of estimated tax safe harbors.

               Subtitle B--Provisions Relating to Farmers

Sec. 2011. Income averaging for farmers made permanent.
Sec. 2012. Production flexibility contract payments.
Sec. 2013. 5-year net operating loss carryback for farming losses.

                  Subtitle C--Miscellaneous Provisions

Sec. 2021. Increase in volume cap on private activity bonds.
Sec. 2022. Depreciation study.
Sec. 2023. Exemption for students employed by State schools, colleges, 
              or universities.

                       TITLE III--REVENUE OFFSETS

Sec. 3001. Treatment of certain deductible liquidating distributions of 
              regulated investment companies and real estate investment 
              trusts.
Sec. 3002. Inclusion of rotavirus gastroenteritis as a taxable vaccine.
Sec. 3003. Clarification and expansion of mathematical error assessment 
              procedures.
Sec. 3004. Clarification of definition of specified liability loss.

                    TITLE IV--TECHNICAL CORRECTIONS

Sec. 4001. Definitions; coordination with other subtitles.
Sec. 4002. Amendments related to Internal Revenue Service Restructuring 
              and Reform Act of 1998.
Sec. 4003. Amendments related to Taxpayer Relief Act of 1997.
Sec. 4004. Amendments related to Tax Reform Act of 1984.
Sec. 4005. Amendments related to Uruguay Round Agreements Act.
Sec. 4006. Other amendments.

                  TITLE V--MEDICARE-RELATED PROVISIONS

                        Subtitle A--Home Health

Sec. 5101. Increase in per beneficiary limits and per visit payment 
              limits for payment for home health services.

             Subtitle B--Other Medicare-Related Provisions

Sec. 5201. Authorization of additional exceptions to imposition of 
              penalties for providing inducements to beneficiaries.
Sec. 5202. Expansion of membership of MedPAC to 17.

                      Subtitle C--Revenue Offsets

Sec. 5301. Tax treatment of cash option for qualified prizes.

   TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

     SEC. 1001. RESEARCH CREDIT.

       (a) Temporary Extension.--Paragraph (1) of section 41(h) 
     (relating to termination) is amended--
       (1) by striking ``June 30, 1998'' and inserting ``June 30, 
     1999'';
       (2) by striking ``24-month'' and inserting ``36-month''; 
     and
       (3) by striking ``24 months'' and inserting ``36 months''.
       (b) Technical Amendment.--Subparagraph (D) of section 
     45C(b)(1) is amended by striking ``June 30, 1998'' and 
     inserting ``June 30, 1999''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to amounts paid or incurred after June 30, 1998.

     SEC. 1002. WORK OPPORTUNITY CREDIT.

       (a) Temporary Extension.--Subparagraph (B) of section 
     51(c)(4) (relating to termination) is amended by striking 
     ``June 30, 1998'' and inserting ``June 30, 1999''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to individuals who begin work for the employer 
     after June 30, 1998.

     SEC. 1003. WELFARE-TO-WORK CREDIT.

       Subsection (f) of section 51A (relating to termination) is 
     amended by striking ``April 30, 1999'' and inserting ``June 
     30, 1999''.

     SEC. 1004. CONTRIBUTIONS OF STOCK TO PRIVATE FOUNDATIONS; 
                   EXPANDED PUBLIC INSPECTION OF PRIVATE 
                   FOUNDATIONS' ANNUAL RETURNS.

       (a) Special Rule for Contributions of Stock Made 
     Permanent.--
       (1) In general.--Paragraph (5) of section 170(e) is amended 
     by striking subparagraph (D) (relating to termination).
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to contributions made after June 30, 1998.
       (b) Expanded Public Inspection of Private Foundations' 
     Annual Returns, Etc.--
       (1) In general.--Section 6104 (relating to publicity of 
     information required from certain exempt organizations and 
     certain trusts) is amended by striking subsections (d) and 
     (e) and inserting after subsection (c) the following new 
     subsection:
       ``(d) Public Inspection of Certain Annual Returns and 
     Applications for Exemption.--
       ``(1) In general.--In the case of an organization described 
     in subsection (c) or (d) of section 501 and exempt from 
     taxation under section 501(a)--
       ``(A) a copy of--
       ``(i) the annual return filed under section 6033 (relating 
     to returns by exempt organizations) by such organization, and
       ``(ii) if the organization filed an application for 
     recognition of exemption under section 501, the exempt status 
     application materials of such organization,
     shall be made available by such organization for inspection 
     during regular business hours by any individual at the 
     principal office of such organization and, if such 
     organization regularly maintains 1 or more regional or 
     district offices having 3 or more employees, at each such 
     regional or district office, and
       ``(B) upon request of an individual made at such principal 
     office or such a regional or district office, a copy of such 
     annual return and exempt status application materials shall 
     be provided to such individual without charge other than a 
     reasonable fee for any reproduction and mailing costs.
     The request described in subparagraph (B) must be made in 
     person or in writing. If such request is made in person, such 
     copy shall be provided immediately and, if made in writing, 
     shall be provided within 30 days.
       ``(2) 3-year limitation on inspection of returns.--
     Paragraph (1) shall apply to an annual return filed under 
     section 6033 only during the 3-year period beginning on the 
     last day prescribed for filing such return (determined with 
     regard to any extension of time for filing).
       ``(3) Exceptions from disclosure requirement.--
       ``(A) Nondisclosure of contributors, etc.--In the case of 
     an organization which is not a private foundation (within the 
     meaning of section 509(a)), paragraph (1) shall not require 
     the disclosure of the name or address of any contributor to 
     the organization. In the case of an organization described in 
     section 501(d), paragraph (1) shall not require the 
     disclosure of the copies referred to in section 6031(b) with 
     respect to such organization.
       ``(B) Nondisclosure of certain other information.--
     Paragraph (1) shall not require the disclosure of any 
     information if the Secretary withheld such information from 
     public inspection under subsection (a)(1)(D).
       ``(4) Limitation on providing copies.--Paragraph (1)(B) 
     shall not apply to any request if, in accordance with 
     regulations promulgated by the Secretary, the organization 
     has made the requested documents widely available, or the 
     Secretary determines, upon application by an organization, 
     that such request is part of a harassment campaign and that 
     compliance with such request is not in the public interest.
       ``(5) Exempt status application materials.--For purposes of 
     paragraph (1), the term `exempt status application materials' 
     means the application for recognition of exemption under 
     section 501 and any papers submitted in support of such 
     application and any letter or other document issued by the 
     Internal Revenue Service with respect to such application.''.
       (2) Conforming amendments.--
       (A) Subsection (c) of section 6033 is amended by adding 
     ``and'' at the end of paragraph (1), by striking paragraph 
     (2), and by redesignating paragraph (3) as paragraph (2).
       (B) Subparagraph (C) of section 6652(c)(1) is amended by 
     striking ``subsection (d) or (e)(1) of section 6104 (relating 
     to public inspection of annual returns)'' and inserting 
     ``section 6104(d) with respect to any annual return''.
       (C) Subparagraph (D) of section 6652(c)(1) is amended by 
     striking ``section 6104(e)(2) (relating to public inspection 
     of applications for exemption)'' and inserting ``section 
     6104(d) with respect to any exempt status application 
     materials (as defined in such section)''.
       (D) Section 6685 is amended by striking ``or (e)''.
       (E) Section 7207 is amended by striking ``or (e)''.

[[Page H11283]]

       (3) Effective date.--
       (A) In general.--Except as provided in subparagraph (B), 
     the amendments made by this subsection shall apply to 
     requests made after the later of December 31, 1998, or the 
     60th day after the Secretary of the Treasury first issues the 
     regulations referred to in section 6104(d)(4) of the Internal 
     Revenue Code of 1986, as amended by this section.
       (B) Publication of annual returns.--Section 6104(d) of such 
     Code, as in effect before the amendments made by this 
     subsection, shall not apply to any return the due date for 
     which is after the date such amendments take effect under 
     subparagraph (A).

     SEC. 1005. SUBPART F EXEMPTION FOR ACTIVE FINANCING INCOME.

       (a) Income Derived From Banking, Financing, or Similar 
     Businesses.--Section 954(h) (relating to income derived in 
     the active conduct of banking, financing, or similar 
     businesses) is amended to read as follows:
       ``(h) Special Rule for Income Derived in the Active Conduct 
     of Banking, Financing, or Similar Businesses.--
       ``(1) In general.--For purposes of subsection (c)(1), 
     foreign personal holding company income shall not include 
     qualified banking or financing income of an eligible 
     controlled foreign corporation.
       ``(2) Eligible controlled foreign corporation.--For 
     purposes of this subsection--
       ``(A) In general.--The term `eligible controlled foreign 
     corporation' means a controlled foreign corporation which--
       ``(i) is predominantly engaged in the active conduct of a 
     banking, financing, or similar business, and
       ``(ii) conducts substantial activity with respect to such 
     business.
       ``(B) Predominantly engaged.--A controlled foreign 
     corporation shall be treated as predominantly engaged in the 
     active conduct of a banking, financing, or similar business 
     if--
       ``(i) more than 70 percent of the gross income of the 
     controlled foreign corporation is derived directly from the 
     active and regular conduct of a lending or finance business 
     from transactions with customers which are not related 
     persons,
       ``(ii) it is engaged in the active conduct of a banking 
     business and is an institution licensed to do business as a 
     bank in the United States (or is any other corporation not so 
     licensed which is specified by the Secretary in regulations), 
     or
       ``(iii) it is engaged in the active conduct of a securities 
     business and is registered as a securities broker or dealer 
     under section 15(a) of the Securities Exchange Act of 1934 or 
     is registered as a Government securities broker or dealer 
     under section 15C(a) of such Act (or is any other corporation 
     not so registered which is specified by the Secretary in 
     regulations).
       ``(3) Qualified banking or financing income.--For purposes 
     of this subsection--
       ``(A) In general.--The term `qualified banking or financing 
     income' means income of an eligible controlled foreign 
     corporation which--
       ``(i) is derived in the active conduct of a banking, 
     financing, or similar business by--

       ``(I) such eligible controlled foreign corporation, or
       ``(II) a qualified business unit of such eligible 
     controlled foreign corporation,

       ``(ii) is derived from one or more transactions--

       ``(I) with customers located in a country other than the 
     United States, and
       ``(II) substantially all of the activities in connection 
     with which are conducted directly by the corporation or unit 
     in its home country, and

       ``(iii) is treated as earned by such corporation or unit in 
     its home country for purposes of such country's tax laws.
       ``(B) Limitation on nonbanking and nonsecurities 
     businesses.--No income of an eligible controlled foreign 
     corporation not described in clause (ii) or (iii) of 
     paragraph (2)(B) (or of a qualified business unit of such 
     corporation) shall be treated as qualified banking or 
     financing income unless more than 30 percent of such 
     corporation's or unit's gross income is derived directly from 
     the active and regular conduct of a lending or finance 
     business from transactions with customers which are not 
     related persons and which are located within such 
     corporation's or unit's home country.
       ``(C) Substantial activity requirement for cross border 
     income.--The term `qualified banking or financing income' 
     shall not include income derived from 1 or more transactions 
     with customers located in a country other than the home 
     country of the eligible controlled foreign corporation or a 
     qualified business unit of such corporation unless such 
     corporation or unit conducts substantial activity with 
     respect to a banking, financing, or similar business in its 
     home country.
       ``(D) Determinations made separately.--For purposes of this 
     paragraph, the qualified banking or financing income of an 
     eligible controlled foreign corporation and each qualified 
     business unit of such corporation shall be determined 
     separately for such corporation and each such unit by taking 
     into account--
       ``(i) in the case of the eligible controlled foreign 
     corporation, only items of income, deduction, gain, or loss 
     and activities of such corporation not properly allocable or 
     attributable to any qualified business unit of such 
     corporation, and
       ``(ii) in the case of a qualified business unit, only items 
     of income, deduction, gain, or loss and activities properly 
     allocable or attributable to such unit.
       ``(4) Lending or finance business.--For purposes of this 
     subsection, the term `lending or finance business' means the 
     business of--
       ``(A) making loans,
       ``(B) purchasing or discounting accounts receivable, notes, 
     or installment obligations,
       ``(C) engaging in leasing (including entering into leases 
     and purchasing, servicing, and disposing of leases and leased 
     assets),
       ``(D) issuing letters of credit or providing guarantees,
       ``(E) providing charge and credit card services, or
       ``(F) rendering services or making facilities available in 
     connection with activities described in subparagraphs (A) 
     through (E) carried on by--
       ``(i) the corporation (or qualified business unit) 
     rendering services or making facilities available, or
       ``(ii) another corporation (or qualified business unit of a 
     corporation) which is a member of the same affiliated group 
     (as defined in section 1504, but determined without regard to 
     section 1504(b)(3)).
       ``(5) Other definitions.--For purposes of this subsection--
       ``(A) Customer.--The term `customer' means, with respect to 
     any controlled foreign corporation or qualified business 
     unit, any person which has a customer relationship with such 
     corporation or unit and which is acting in its capacity as 
     such.
       ``(B) Home country.--Except as provided in regulations--
       ``(i) Controlled foreign corporation.--The term `home 
     country' means, with respect to any controlled foreign 
     corporation, the country under the laws of which the 
     corporation was created or organized.
       ``(ii) Qualified business unit.--The term `home country' 
     means, with respect to any qualified business unit, 
     the country in which such unit maintains its principal 
     office.
       ``(C) Located.--The determination of where a customer is 
     located shall be made under rules prescribed by the 
     Secretary.
       ``(D) Qualified business unit.--The term `qualified 
     business unit' has the meaning given such term by section 
     989(a).
       ``(E) Related person.--The term `related person' has the 
     meaning given such term by subsection (d)(3).
       ``(6) Coordination with exception for dealers.--Paragraph 
     (1) shall not apply to income described in subsection 
     (c)(2)(C)(ii) of a dealer in securities (within the meaning 
     of section 475) which is an eligible controlled foreign 
     corporation described in paragraph (2)(B)(iii).
       ``(7) Anti-abuse rules.--For purposes of applying this 
     subsection and subsection (c)(2)(C)(ii)--
       ``(A) there shall be disregarded any item of income, gain, 
     loss, or deduction with respect to any transaction or series 
     of transactions one of the principal purposes of which is 
     qualifying income or gain for the exclusion under this 
     section, including any transaction or series of transactions 
     a principal purpose of which is the acceleration or deferral 
     of any item in order to claim the benefits of such exclusion 
     through the application of this subsection,
       ``(B) there shall be disregarded any item of income, gain, 
     loss, or deduction of an entity which is not engaged in 
     regular and continuous transactions with customers which are 
     not related persons,
       ``(C) there shall be disregarded any item of income, gain, 
     loss, or deduction with respect to any transaction or series 
     of transactions utilizing, or doing business with--
       ``(i) one or more entities in order to satisfy any home 
     country requirement under this subsection, or
       ``(ii) a special purpose entity or arrangement, including a 
     securitization, financing, or similar entity or arrangement,
     if one of the principal purposes of such transaction or 
     series of transactions is qualifying income or gain for the 
     exclusion under this subsection, and
       ``(D) a related person, an officer, a director, or an 
     employee with respect to any controlled foreign corporation 
     (or qualified business unit) which would otherwise be treated 
     as a customer of such corporation or unit with respect to any 
     transaction shall not be so treated if a principal purpose of 
     such transaction is to satisfy any requirement of this 
     subsection.
       ``(8) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this subsection, subsection (c)(1)(B)(i), 
     subsection (c)(2)(C)(ii), and the last sentence of subsection 
     (e)(2).
       ``(9) Application.--This subsection, subsection 
     (c)(2)(C)(ii), and the last sentence of subsection (e)(2) 
     shall apply only to the first taxable year of a foreign 
     corporation beginning after December 31, 1998, and before 
     January 1, 2000, and to taxable years of United States 
     shareholders with or within which such taxable year of such 
     foreign corporation ends.''.
       (b) Income Derived From Insurance Business.--
       (1) Income attributable to issuance or reinsurance.--
       (A) In general.--Section 953(a) (defining insurance income) 
     is amended to read as follows:
       ``(a) Insurance Income.--
       ``(1) In general.--For purposes of section 952(a)(1), the 
     term `insurance income' means any income which--
       ``(A) is attributable to the issuing (or reinsuring) of an 
     insurance or annuity contract, and
       ``(B) would (subject to the modifications provided by 
     subsection (b)) be taxed under subchapter L of this chapter 
     if such income were the income of a domestic insurance 
     company.
       ``(2) Exception.--Such term shall not include any exempt 
     insurance income (as defined in subsection (e)).''.
       (B) Exempt insurance income.--Section 953 (relating to 
     insurance income) is amended by adding at the end the 
     following new subsection:
       ``(e) Exempt Insurance Income.--For purposes of this 
     section--
       ``(1) Exempt insurance income defined.--
       ``(A) In general.--The term `exempt insurance income' means 
     income derived by a qualifying insurance company which--

[[Page H11284]]

       ``(i) is attributable to the issuing (or reinsuring) of an 
     exempt contract by such company or a qualifying insurance 
     company branch of such company, and
       ``(ii) is treated as earned by such company or branch in 
     its home country for purposes of such country's tax laws.
       ``(B) Exception for certain arrangements.--Such term shall 
     not include income attributable to the issuing (or 
     reinsuring) of an exempt contract as the result of any 
     arrangement whereby another corporation receives a 
     substantially equal amount of premiums or other consideration 
     in respect of issuing (or reinsuring) a contract which is not 
     an exempt contract.
       ``(C) Determinations made separately.--For purposes of this 
     subsection and section 954(i), the exempt insurance income 
     and exempt contracts of a qualifying insurance company or any 
     qualifying insurance company branch of such company shall be 
     determined separately for such company and each such branch 
     by taking into account--
       ``(i) in the case of the qualifying insurance company, only 
     items of income, deduction, gain, or loss, and activities of 
     such company not properly allocable or attributable to any 
     qualifying insurance company branch of such company, and
       ``(ii) in the case of a qualifying insurance company 
     branch, only items of income, deduction, gain, or loss and 
     activities properly allocable or attributable to such branch.
       ``(2) Exempt contract.--
       ``(A) In general.--The term `exempt contract' means an 
     insurance or annuity contract issued or reinsured by a 
     qualifying insurance company or qualifying insurance company 
     branch in connection with property in, liability arising out 
     of activity in, or the lives or health of residents of, a 
     country other than the United States.
       ``(B) Minimum home country income required.--
       ``(i) In general.--No contract of a qualifying insurance 
     company or of a qualifying insurance company branch shall be 
     treated as an exempt contract unless such company or branch 
     derives more than 30 percent of its net written premiums from 
     exempt contracts (determined without regard to this 
     subparagraph)--

       ``(I) which cover applicable home country risks, and
       ``(II) with respect to which no policyholder, insured, 
     annuitant, or beneficiary is a related person (as defined in 
     section 954(d)(3)).

       ``(ii) Applicable home country risks.--The term `applicable 
     home country risks' means risks in connection with property 
     in, liability arising out of activity in, or the lives or 
     health of residents of, the home country of the qualifying 
     insurance company or qualifying insurance company branch, as 
     the case may be, issuing or reinsuring the contract covering 
     the risks.
       ``(C) Substantial activity requirements for cross border 
     risks.--A contract issued by a qualifying insurance company 
     or qualifying insurance company branch which covers risks 
     other than applicable home country risks (as defined in 
     subparagraph (B)(ii)) shall not be treated as an exempt 
     contract unless such company or branch, as the case may be--
       ``(i) conducts substantial activity with respect to an 
     insurance business in its home country, and
       ``(ii) performs in its home country substantially all of 
     the activities necessary to give rise to the income generated 
     by such contract.
       ``(3) Qualifying insurance company.--The term `qualifying 
     insurance company' means any controlled foreign corporation 
     which--
       ``(A) is subject to regulation as an insurance (or 
     reinsurance) company by its home country, and is licensed, 
     authorized, or regulated by the applicable insurance 
     regulatory body for its home country to sell insurance, 
     reinsurance, or annuity contracts to persons other than 
     related persons (within the meaning of section 954(d)(3)) in 
     such home country,
       ``(B) derives more than 50 percent of its aggregate net 
     written premiums from the issuance or reinsurance by such 
     controlled foreign corporation and each of its qualifying 
     insurance company branches of contracts--
       ``(i) covering applicable home country risks (as defined in 
     paragraph (2)) of such corporation or branch, as the case may 
     be, and
       ``(ii) with respect to which no policyholder, insured, 
     annuitant, or beneficiary is a related person (as defined in 
     section 954(d)(3)),
     except that in the case of a branch, such premiums shall only 
     be taken into account to the extent such premiums are treated 
     as earned by such branch in its home country for purposes of 
     such country's tax laws, and
       ``(C) is engaged in the insurance business and would be 
     subject to tax under subchapter L if it were a domestic 
     corporation.
       ``(4) Qualifying insurance company branch.--The term 
     `qualifying insurance company branch' means a qualified 
     business unit (within the meaning of section 989(a)) of a 
     controlled foreign corporation if--
       ``(A) such unit is licensed, authorized, or regulated by 
     the applicable insurance regulatory body for its home country 
     to sell insurance, reinsurance, or annuity contracts to 
     persons other than related persons (within the meaning of 
     section 954(d)(3)) in such home country, and
       ``(B) such controlled foreign corporation is a qualifying 
     insurance company, determined under paragraph (3) as if such 
     unit were a qualifying insurance company branch.
       ``(5) Life insurance or annuity contract.--For purposes of 
     this section and section 954, the determination of whether a 
     contract issued by a controlled foreign corporation or a 
     qualified business unit (within the meaning of section 
     989(a)) is a life insurance contract or an annuity contract 
     shall be made without regard to sections 72(s), 101(f), 
     817(h), and 7702 if--
       ``(A) such contract is regulated as a life insurance or 
     annuity contract by the corporation's or unit's home country, 
     and
       ``(B) no policyholder, insured, annuitant, or beneficiary 
     with respect to the contract is a United States person.
       ``(6) Home country.--For purposes of this subsection, 
     except as provided in regulations--
       ``(A) Controlled foreign corporation.--The term `home 
     country' means, with respect to a controlled foreign 
     corporation, the country in which such corporation is created 
     or organized.
       ``(B) Qualified business unit.--The term `home country' 
     means, with respect to a qualified business unit (as defined 
     in section 989(a)), the country in which the principal office 
     of such unit is located and in which such unit is licensed, 
     authorized, or regulated by the applicable insurance 
     regulatory body to sell insurance, reinsurance, or annuity 
     contracts to persons other than related persons (as defined 
     in section 954(d)(3)) in such country.
       ``(7) Anti-abuse rules.--For purposes of applying this 
     subsection and section 954(i)--
       ``(A) the rules of section 954(h)(7) (other than 
     subparagraph (B) thereof) shall apply,
       ``(B) there shall be disregarded any item of income, gain, 
     loss, or deduction of, or derived from, an entity which is 
     not engaged in regular and continuous transactions with 
     persons which are not related persons,
       ``(C) there shall be disregarded any change in the method 
     of computing reserves a principal purpose of which is the 
     acceleration or deferral of any item in order to claim the 
     benefits of this subsection or section 954(i),
       ``(D) a contract of insurance or reinsurance shall not be 
     treated as an exempt contract (and premiums from such 
     contract shall not be taken into account for purposes of 
     paragraph (2)(B) or (3)) if--
       ``(i) any policyholder, insured, annuitant, or beneficiary 
     is a resident of the United States and such contract was 
     marketed to such resident and was written to cover a risk 
     outside the United States, or
       ``(ii) the contract covers risks located within and without 
     the United States and the qualifying insurance company or 
     qualifying insurance company branch does not maintain such 
     contemporaneous records, and file such reports, with respect 
     to such contract as the Secretary may require,
       ``(E) the Secretary may prescribe rules for the allocation 
     of contracts (and income from contracts) among 2 or more 
     qualifying insurance company branches of a qualifying 
     insurance company in order to clearly reflect the income of 
     such branches, and
       ``(F) premiums from a contract shall not be taken into 
     account for purposes of paragraph (2)(B) or (3) if such 
     contract reinsures a contract issued or reinsured by a 
     related person (as defined in section 954(d)(3)).
     For purposes of subparagraph (D), the determination of where 
     risks are located shall be made under the principles of 
     section 953.
       ``(8) Coordination with subsection (c).--In determining 
     insurance income for purposes of subsection (c), exempt 
     insurance income shall not include income derived from exempt 
     contracts which cover risks other than applicable home 
     country risks.
       ``(9) Regulations.--The Secretary shall prescribe such 
     regulations as may be necessary or appropriate to carry out 
     the purposes of this subsection and section 954(i).
       ``(10) Application.--This subsection and section 954(i) 
     shall apply only to the first taxable year of a foreign 
     corporation beginning after December 31, 1998, and before 
     January 1, 2000, and to taxable years of United States 
     shareholders with or within which such taxable year of such 
     foreign corporation ends.
       ``(11) Cross reference.--

  ``For income exempt from foreign personal holding company income, see 
section 954(i).''.

       (2) Exemption from foreign personal holding company 
     income.--Section 954 (defining foreign base company income) 
     is amended by adding at the end the following new subsection:
       ``(i) Special Rule for Income Derived in the Active Conduct 
     of Insurance Business.--
       ``(1) In general.--For purposes of subsection (c)(1), 
     foreign personal holding company income shall not include 
     qualified insurance income of a qualifying insurance company.
       ``(2) Qualified insurance income.--The term `qualified 
     insurance income' means income of a qualifying insurance 
     company which is--
       ``(A) received from a person other than a related person 
     (within the meaning of subsection (d)(3)) and derived from 
     the investments made by a qualifying insurance company or a 
     qualifying insurance company branch of its reserves allocable 
     to exempt contracts or of 80 percent of its unearned premiums 
     from exempt contracts (as both are determined in the manner 
     prescribed under paragraph (4)), or
       ``(B) received from a person other than a related person 
     (within the meaning of subsection (d)(3)) and derived from 
     investments made by a qualifying insurance company or a 
     qualifying insurance company branch of an amount of its 
     assets allocable to exempt contracts equal to--
       ``(i) in the case of property, casualty, or health 
     insurance contracts, one-third of its premiums earned on such 
     insurance contracts during the taxable year (as defined in 
     section 832(b)(4)), and
       ``(ii) in the case of life insurance or annuity contracts, 
     10 percent of the reserves described in subparagraph (A) for 
     such contracts.
       ``(3) Principles for determining insurance income.--Except 
     as provided by the Secretary, for purposes of subparagraphs 
     (A) and (B) of paragraph (2)--
       ``(A) in the case of any contract which is a separate 
     account-type contract (including any variable contract not 
     meeting the requirements of section 817), income credited 
     under such contract shall be allocable only to such contract, 
     and

[[Page H11285]]

       ``(B) income not allocable under subparagraph (A) shall be 
     allocated ratably among contracts not described in 
     subparagraph (A).
       ``(4) Methods for determining unearned premiums and 
     reserves.--For purposes of paragraph (2)(A)--
       ``(A) Property and casualty contracts.--The unearned 
     premiums and reserves of a qualifying insurance company or a 
     qualifying insurance company branch with respect to property, 
     casualty, or health insurance contracts shall be determined 
     using the same methods and interest rates which would be used 
     if such company or branch were subject to tax under 
     subchapter L, except that--
       ``(i) the interest rate determined for the functional 
     currency of the company or branch, and which, except as 
     provided by the Secretary, is calculated in the same 
     manner as the Federal mid-term rate under section 1274(d), 
     shall be substituted for the applicable Federal interest 
     rate, and
       ``(ii) such company or branch shall use the appropriate 
     foreign loss payment pattern.
       ``(B) Life insurance and annuity contracts.--The amount of 
     the reserve of a qualifying insurance company or qualifying 
     insurance company branch for any life insurance or annuity 
     contract shall be equal to the greater of--
       ``(i) the net surrender value of such contract (as defined 
     in section 807(e)(1)(A)), or
       ``(ii) the reserve determined under paragraph (5).
       ``(C) Limitation on reserves.--In no event shall the 
     reserve determined under this paragraph for any contract as 
     of any time exceed the amount which would be taken into 
     account with respect to such contract as of such time in 
     determining foreign statement reserves (less any catastrophe, 
     deficiency, equalization, or similar reserves).
       ``(5) Amount of reserve.--The amount of the reserve 
     determined under this paragraph with respect to any contract 
     shall be determined in the same manner as it would be 
     determined if the qualifying insurance company or qualifying 
     insurance company branch were subject to tax under subchapter 
     L, except that in applying such subchapter--
       ``(A) the interest rate determined for the functional 
     currency of the company or branch, and which, except as 
     provided by the Secretary, is calculated in the same manner 
     as the Federal mid-term rate under section 1274(d), shall be 
     substituted for the applicable Federal interest rate,
       ``(B) the highest assumed interest rate permitted to be 
     used in determining foreign statement reserves shall be 
     substituted for the prevailing State assumed interest rate, 
     and
       ``(C) tables for mortality and morbidity which reasonably 
     reflect the current mortality and morbidity risks in the 
     company's or branch's home country shall be substituted for 
     the mortality and morbidity tables otherwise used for such 
     subchapter.
     The Secretary may provide that the interest rate and 
     mortality and morbidity tables of a qualifying insurance 
     company may be used for 1 or more of its qualifying insurance 
     company branches when appropriate.
       ``(6) Definitions.--For purposes of this subsection, any 
     term used in this subsection which is also used in section 
     953(e) shall have the meaning given such term by section 
     953.''.
       (3) Reserves.--Section 953(b) is amended by redesignating 
     paragraph (3) as paragraph (4) and by inserting after 
     paragraph (2) the following new paragraph:
       ``(3) Reserves for any insurance or annuity contract shall 
     be determined in the same manner as under section 954(i).''.
       (c) Special Rules for Dealers.--Section 954(c)(2)(C) is 
     amended to read as follows:
       ``(C) Exception for dealers.--Except as provided by 
     regulations, in the case of a regular dealer in property 
     which is property described in paragraph (1)(B), forward 
     contracts, option contracts, or similar financial instruments 
     (including notional principal contracts and all 
     instruments referenced to commodities), there shall not be 
     taken into account in computing foreign personal holding 
     company income--
       ``(i) any item of income, gain, deduction, or loss (other 
     than any item described in subparagraph (A), (E), or (G) of 
     paragraph (1)) from any transaction (including hedging 
     transactions) entered into in the ordinary course of such 
     dealer's trade or business as such a dealer, and
       ``(ii) if such dealer is a dealer in securities (within the 
     meaning of section 475), any interest or dividend or 
     equivalent amount described in subparagraph (E) or (G) of 
     paragraph (1) from any transaction (including any hedging 
     transaction or transaction described in section 956(c)(2)(J)) 
     entered into in the ordinary course of such dealer's trade or 
     business as such a dealer in securities, but only if the 
     income from the transaction is attributable to activities of 
     the dealer in the country under the laws of which the dealer 
     is created or organized (or in the case of a qualified 
     business unit described in section 989(a), is attributable to 
     activities of the unit in the country in which the unit both 
     maintains its principal office and conducts substantial 
     business activity).''.
       (d) Exemption From Foreign Base Company Services Income.--
     Paragraph (2) of section 954(e) is amended by inserting 
     ``or'' at the end of subparagraph (A), by striking ``, or'' 
     at the end of subparagraph (B) and inserting a period, by 
     striking subparagraph (C), and by adding at the end the 
     following new flush sentence:
     ``Paragraph (1) shall also not apply to income which is 
     exempt insurance income (as defined in section 953(e)) or 
     which is not treated as foreign personal holding income by 
     reason of subsection (c)(2)(C)(ii), (h), or (i).''.
       (e) Exemption for Gain.--Section 954(c)(1)(B)(i) (relating 
     to net gains from certain property transactions) is amended 
     by inserting ``other than property which gives rise to income 
     not treated as foreign personal holding company income by 
     reason of subsection (h) or (i) for the taxable year'' before 
     the comma at the end.

     SEC. 1006. DISCLOSURE OF RETURN INFORMATION ON INCOME 
                   CONTINGENT STUDENT LOANS.

       Subparagraph (D) of section 6103(l)(13) (relating to 
     disclosure of return information to carry out income 
     contingent repayment of student loans) is amended by striking 
     ``September 30, 1998'' and inserting ``September 30, 2003''.

                      Subtitle B--Trade Provisions

     SEC. 1011. EXTENSION OF DUTY-FREE TREATMENT UNDER GENERALIZED 
                   SYSTEM OF PREFERENCES.

       (a) In General.--Section 505 of the Trade Act of 1974 (19 
     U.S.C. 2465) is amended by striking ``June 30, 1998'' and 
     inserting ``June 30, 1999''.
       (b) Effective Date.--
       (1) In general.--The amendments made by this section apply 
     to articles entered on or after the date of the enactment of 
     this Act.
       (2) Retroactive application for certain liquidations and 
     reliquidations.--
       (A) General rule.--Notwithstanding section 514 of the 
     Tariff Act of 1930 or any other provision of law, and subject 
     to paragraph (3), any entry--
       (i) of an article to which duty-free treatment under title 
     V of the Trade Act of 1974 would have applied if such entry 
     had been made on July 1, 1998, and such title had been in 
     effect on July 1, 1998, and
       (ii) that was made--

       (I) after June 30, 1998, and
       (II) before the date of enactment of this Act,

     shall be liquidated or reliquidated as free of duty, and the 
     Secretary of the Treasury shall refund any duty paid with 
     respect to such entry.
       (B) Entry.--As used in this paragraph, the term ``entry'' 
     includes a withdrawal from warehouse for consumption.
       (3) Requests.--Liquidation or reliquidation may be made 
     under paragraph (2) with respect to an entry only if a 
     request therefor is filed with the Customs Service, within 
     180 days after the date of enactment of this Act, that 
     contains sufficient information to enable the Customs 
     Service--
       (A) to locate the entry; or
       (B) to reconstruct the entry if it cannot be located.

     SEC. 1012. TRADE ADJUSTMENT ASSISTANCE.

       (a) Assistance for Workers.--Section 245 of the Trade Act 
     of 1974 (19 U.S.C. 2317) is amended--
       (1) in subsection (a), by striking ``for each of'' and all 
     that follows through ``1998,'' and inserting ``for the period 
     beginning October 1, 1998, and ending June 30, 1999,''; and
       (2) in subsection (b), by striking ``for each of'' and all 
     that follows through ``1998,'' and inserting ``for the period 
     beginning October 1, 1998, and ending June 30, 1999,''.
       (b) NAFTA Transitional Program.--Section 250(d)(2) of the 
     Trade Act of 1974 (19 U.S.C. 2331(d)(2)) is amended by 
     striking ``for any fiscal year shall not exceed $30,000,000'' 
     and inserting ``for the period beginning October 1, 1998, and 
     ending June 30, 1999, shall not exceed $15,000,000''.
       (c) Adjustment Assistance for Firms.--Section 256(b) of the 
     Trade Act of 1974 (19 U.S.C. 2346(b)) is amended by striking 
     ``for fiscal years'' and all that follows through ``1998'' 
     and inserting ``for the period beginning October 1, 1998, and 
     ending June 30, 1999''.
       (d) Termination.--Section 285(c) of the Trade Act of 1974 
     (19 U.S.C. 2271 note preceding) is amended--
       (1) in paragraph (1), by striking ``September 30, 1998'' 
     and inserting ``June 30, 1999''; and
       (2) in paragraph (2)(A), by striking ``the day that is'' 
     and all that follows through ``effective'' and inserting 
     ``June 30, 1999''.

                     TITLE II--OTHER TAX PROVISIONS

             Subtitle A--Provisions Relating to Individuals

     SEC. 2001. NONREFUNDABLE PERSONAL CREDITS FULLY ALLOWED 
                   AGAINST REGULAR TAX LIABILITY DURING 1998.

       (a) In General.--Subsection (a) of section 26 is amended by 
     adding at the end the following flush sentence:
     ``For purposes of paragraph (2), the taxpayer's tentative 
     minimum tax for any taxable year beginning during 1998 shall 
     be treated as being zero.''
       (b) Conforming Amendment.--Section 24(d)(2) is amended by 
     striking ``The credit'' and inserting ``For taxable years 
     beginning after December 31, 1998, the credit''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     1997.

     SEC. 2002. 100 PERCENT DEDUCTION FOR HEALTH INSURANCE COSTS 
                   OF SELF-EMPLOYED INDIVIDUALS.

       (a) In General.--The table contained in subparagraph (B) of 
     section 162(l)(1) (relating to special rules for health 
     insurance costs of self-employed individuals) is amended to 
     read as follows:

The applicable percentage is--in calendar year--
  1999 through 2001.............................................60 ....

  2002..........................................................70 ....

  2003 and thereafter........................................100.''....

       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after December 31, 
     1998.

     SEC. 2003. MODIFICATION OF ESTIMATED TAX SAFE HARBORS.

       (a) In General.--The table contained in clause (i) of 
     section 6654(d)(1)(C) (relating to limitation on use of 
     preceding year's tax) is amended by striking the item 
     relating to 1998, 1999, or 2000 and inserting the following 
     new items:


[[Page H11286]]


  ``1998.......................................................105 ....

   1999 or 2000..............................................106''.....

       (b) Effective Date.--The amendment made by this section 
     shall apply with respect to any installment payment for 
     taxable years beginning after December 31, 1999.

               Subtitle B--Provisions Relating to Farmers

     SEC. 2011. INCOME AVERAGING FOR FARMERS MADE PERMANENT.

       Subsection (c) of section 933 of the Taxpayer Relief Act of 
     1997 is amended by striking ``, and before January 1, 2001''.

     SEC. 2012. PRODUCTION FLEXIBILITY CONTRACT PAYMENTS.

       (a) In General.--The options under paragraphs (2) and (3) 
     of section 112(d) of the Federal Agriculture Improvement and 
     Reform Act of 1996 (7 U.S.C. 7212(d) (2) and (3)), as in 
     effect on the date of the enactment of this Act, shall be 
     disregarded in determining the taxable year for which any 
     payment under a production flexibility contract under 
     subtitle B of title I of such Act (as so in effect) is 
     properly includible in gross income for purposes of the 
     Internal Revenue Code of 1986.
       (b) Effective Date.--Subsection (a) shall apply to taxable 
     years ending after December 31, 1995.

     SEC. 2013. 5-YEAR NET OPERATING LOSS CARRYBACK FOR FARMING 
                   LOSSES.

       (a) In General.--Paragraph (1) of section 172(b) (relating 
     to net operating loss deduction) is amended by adding at the 
     end the following new subparagraph:
       ``(G) Farming losses.--In the case of a taxpayer which has 
     a farming loss (as defined in subsection (i)) for a taxable 
     year, such farming loss shall be a net operating loss 
     carryback to each of the 5 taxable years preceding the 
     taxable year of such loss.''.
       (b) Farming Loss.--Section 172 is amended by redesignating 
     subsection (i) as subsection (j) and by inserting after 
     subsection (h) the following new subsection:
       ``(i) Rules Relating to Farming Losses.--For purposes of 
     this section--
       ``(1) In general.--The term `farming loss' means the lesser 
     of--
       ``(A) the amount which would be the net operating loss for 
     the taxable year if only income and deductions attributable 
     to farming businesses (as defined in section 263A(e)(4)) are 
     taken into account, or
       ``(B) the amount of the net operating loss for such taxable 
     year.
       ``(2) Coordination with subsection (b)(2).--For purposes of 
     applying subsection (b)(2), a farming loss for any taxable 
     year shall be treated in a manner similar to the manner in 
     which a specified liability loss is treated.
       ``(3) Election.--Any taxpayer entitled to a 5-year 
     carryback under subsection (b)(1)(G) from any loss year may 
     elect to have the carryback period with respect to such loss 
     year determined without regard to subsection (b)(1)(G). Such 
     election shall be made in such manner as may be prescribed by 
     the Secretary and shall be made by the due date (including 
     extensions of time) for filing the taxpayer's return for the 
     taxable year of the net operating loss. Such election, once 
     made for any taxable year, shall be irrevocable for such 
     taxable year.''.
       (c) Coordination With Farm Disaster Losses.--Clause (ii) of 
     section 172(b)(1)(F) is amended by adding at the end the 
     following flush sentence:
     ``Such term shall not include any farming loss (as defined in 
     subsection (i)).''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to net operating losses for taxable years 
     beginning after December 31, 1997.

                  Subtitle C--Miscellaneous Provisions

     SEC. 2021. INCREASE IN VOLUME CAP ON PRIVATE ACTIVITY BONDS.

       (a) In General.--Subsection (d) of section 146 (relating to 
     volume cap) is amended by striking paragraphs (1) and (2) and 
     inserting the following new paragraphs:
       ``(1) In general.--The State ceiling applicable to any 
     State for any calendar year shall be the greater of--
       ``(A) an amount equal to the per capita limit for such year 
     multiplied by the State population, or
       ``(B) the aggregate limit for such year.
     Subparagraph (B) shall not apply to any possession of the 
     United States.
       ``(2) Per capita limit; aggregate limit.--For purposes of 
     paragraph (1), the per capita limit, and the aggregate limit, 
     for any calendar year shall be determined in accordance with 
     the following table:
       

                                                                                                                
              Calendar Year                        Per Capita Limit                    Aggregate Limit          
  1999 through 2002......................                $50                            $150,000,000            
  2003...................................                 55                             165,000,000            
  2004...................................                 60                             180,000,000            
  2005...................................                 65                             195,000,000            
  2006...................................                 70                             210,000,000            
  2007 and thereafter....................                 75                            225,000,000.''          

       (b) Effective Date.--The amendment made by this section 
     shall apply to calendar years after 1998.

     SEC. 2022. DEPRECIATION STUDY.

       The Secretary of the Treasury (or the Secretary's 
     delegate)--
       (1) shall conduct a comprehensive study of the recovery 
     periods and depreciation methods under section 168 of the 
     Internal Revenue Code of 1986, and
       (2) not later than March 31, 2000, shall submit the results 
     of such study, together with recommendations for determining 
     such periods and methods in a more rational manner, to the 
     Committee on Ways and Means of the House of Representatives 
     and the Committee on Finance of the Senate.

     SEC. 2023. EXEMPTION FOR STUDENTS EMPLOYED BY STATE SCHOOLS, 
                   COLLEGES, OR UNIVERSITIES.

       (a) In General.--Notwithstanding section 218 of the Social 
     Security Act, any agreement with a State (or any modification 
     thereof) entered into pursuant to such section may, at the 
     option of such State, be modified at any time on or after 
     January 1, 1999, and on or before March 31, 1999, so as to 
     exclude service performed in the employ of a school, college, 
     or university if such service is performed by a student who 
     is enrolled and is regularly attending classes at such 
     school, college, or university.
       (b) Effective Date of Modification.--Any modification of an 
     agreement pursuant to subsection (a) shall be effective with 
     respect to services performed after June 30, 2000.
       (c) Irrevocability of Modification.--If any modification of 
     an agreement pursuant to subsection (a) terminates coverage 
     with respect to service performed in the employ of a school, 
     college, or university, by a student who is enrolled and 
     regularly attending classes at such school, college, or 
     university, the Commissioner of Social Security and the State 
     may not thereafter modify such agreement so as to again make 
     the agreement applicable to such service performed in the 
     employ of such school, college, or university.

                       TITLE III--REVENUE OFFSETS

     SEC. 3001. TREATMENT OF CERTAIN DEDUCTIBLE LIQUIDATING 
                   DISTRIBUTIONS OF REGULATED INVESTMENT COMPANIES 
                   AND REAL ESTATE INVESTMENT TRUSTS.

       (a) In General.--Section 332 (relating to complete 
     liquidations of subsidiaries) is amended by adding at the end 
     the following new subsection:
       ``(c) Deductible Liquidating Distributions of Regulated 
     Investment Companies and Real Estate Investment Trusts.--If a 
     corporation receives a distribution from a regulated 
     investment company or a real estate investment trust which is 
     considered under subsection (b) as being in complete 
     liquidation of such company or trust, then, notwithstanding 
     any other provision of this chapter, such corporation shall 
     recognize and treat as a dividend from such company or trust 
     an amount equal to the deduction for dividends paid allowable 
     to such company or trust by reason of such distribution.''.
       (b) Conforming Amendments.--
       (1) The material preceding paragraph (1) of section 332(b) 
     is amended by striking ``subsection (a)'' and inserting 
     ``this section''.
       (2) Paragraph (1) of section 334(b) is amended by striking 
     ``section 332(a)'' and inserting ``section 332''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to distributions after May 21, 1998.
       (d) Assumptions.--In making the estimate required for this 
     Act by section 252(d)(2) of the Balanced Budget and Emergency 
     Deficit Control Act of 1985, that part of the estimate that 
     measures the change in receipts resulting from the amendments 
     made by this section shall be based on the economic and 
     technical assumptions underlying the supplemental summary of 
     the budget for fiscal year 1999, submitted on May 26, 1998, 
     pursuant to section 1106 of title 31, United States Code, 
     notwithstanding section 252(d)(2)(B). All other parts of such 
     estimate required by such section 252(d)(2) shall be made 
     pursuant to the requirements of such section 252(d)(2)(B).

     SEC. 3002. INCLUSION OF ROTAVIRUS GASTROENTERITIS AS A 
                   TAXABLE VACCINE.

       (a) In General.--Paragraph (1) of section 4132(a) (defining 
     taxable vaccine) is amended by adding at the end the 
     following new subparagraph:
       ``(K) Any vaccine against rotavirus gastroenteritis.''.
       (b) Effective Date.--
       (1) Sales.--The amendment made by this section shall apply 
     to sales after the date of the enactment of this Act.
       (2) Deliveries.--For purposes of paragraph (1), in the case 
     of sales on or before the date of the enactment of this Act 
     for which delivery is made after such date, the delivery date 
     shall be considered the sale date.

     SEC. 3003. CLARIFICATION AND EXPANSION OF MATHEMATICAL ERROR 
                   ASSESSMENT PROCEDURES.

       (a) TIN Deemed Incorrect if Information on Return Differs 
     With Agency Records.--

[[Page H11287]]

     Paragraph (2) of section 6213(g) (defining mathematical or 
     clerical error) is amended by adding at the end the following 
     flush sentence:
     ``A taxpayer shall be treated as having omitted a correct TIN 
     for purposes of the preceding sentence if information 
     provided by the taxpayer on the return with respect to the 
     individual whose TIN was provided differs from the 
     information the Secretary obtains from the person issuing the 
     TIN.''.
       (b) Expansion of Mathematical Error Procedures to Cases 
     Where TIN Establishes Individual Not Eligible for Tax 
     Credit.--Paragraph (2) of section 6213(g) is amended by 
     striking ``and'' at the end of subparagraph (J), by striking 
     the period at the end of the subparagraph (K) and inserting 
     ``, and'', and by inserting after subparagraph (K) the 
     following new subparagraph:
       ``(L) the inclusion on a return of a TIN required to be 
     included on the return under section 21, 24, or 32 if--
       ``(i) such TIN is of an individual whose age affects the 
     amount of the credit under such section, and
       ``(ii) the computation of the credit on the return reflects 
     the treatment of such individual as being of an age different 
     from the individual's age based on such TIN.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years ending after the date of the 
     enactment of this Act.

     SEC. 3004. CLARIFICATION OF DEFINITION OF SPECIFIED LIABILITY 
                   LOSS.

       (a) In General.--Subparagraph (B) of section 172(f)(1) 
     (defining specified liability loss) is amended to read as 
     follows:
       ``(B)(i) Any amount allowable as a deduction under this 
     chapter (other than section 468(a)(1) or 468A(a)) which is in 
     satisfaction of a liability under a Federal or State law 
     requiring--
       ``(I) the reclamation of land,
       ``(II) the decommissioning of a nuclear power plant (or any 
     unit thereof),
       ``(III) the dismantlement of a drilling platform,
       ``(IV) the remediation of environmental contamination, or
       ``(V) a payment under any workers compensation act (within 
     the meaning of section 461(h)(2)(C)(i)).
       ``(ii) A liability shall be taken into account under this 
     subparagraph only if--
       ``(I) the act (or failure to act) giving rise to such 
     liability occurs at least 3 years before the beginning of the 
     taxable year, and
       ``(II) the taxpayer used an accrual method of accounting 
     throughout the period or periods during which such act (or 
     failure to act) occurred.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to net operating losses arising in taxable years 
     ending after the date of the enactment of this Act.

                    TITLE IV--TECHNICAL CORRECTIONS

     SEC. 4001. DEFINITIONS; COORDINATION WITH OTHER TITLES.

       (a) Definitions.--For purposes of this title--
       (1) 1986 code.--The term ``1986 Code'' means the Internal 
     Revenue Code of 1986.
       (2) 1998 act.--The term ``1998 Act'' means the Internal 
     Revenue Service Restructuring and Reform Act of 1998 (Public 
     Law 105-206).
       (3) 1997 act.--The term ``1997 Act'' means the Taxpayer 
     Relief Act of 1997 (Public Law 105-34).
       (b) Coordination With Other Titles.--For purposes of 
     applying the amendments made by any title of this division 
     other than this title, the provisions of this title shall be 
     treated as having been enacted immediately before the 
     provisions of such other titles.

     SEC. 4002. AMENDMENTS RELATED TO INTERNAL REVENUE SERVICE 
                   RESTRUCTURING AND REFORM ACT OF 1998.

       (a) Amendment Related to Section 1101 of 1998 Act.--
     Paragraph (5) of section 6103(h) of the 1986 Code, as added 
     by section 1101(b) of the 1998 Act, is redesignated as 
     paragraph (6).
       (b) Amendment Related to Section 3001 of 1998 Act.--
     Paragraph (2) of section 7491(a) of the 1986 Code is amended 
     by adding at the end the following flush sentence:
     ``Subparagraph (C) shall not apply to any qualified revocable 
     trust (as defined in section 645(b)(1)) with respect to 
     liability for tax for any taxable year ending after the date 
     of the decedent's death and before the applicable date (as 
     defined in section 645(b)(2)).''.
       (c) Amendments Related to Section 3201 of 1998 Act.--
       (1) Section 7421(a) of the 1986 Code is amended by striking 
     ``6015(d)'' and inserting ``6015(e)''.
       (2) Subparagraph (A) of section 6015(e)(3) is amended by 
     striking ``of this section'' and inserting ``of subsection 
     (b) or (f)''.
       (d) Amendment Related to Section 3301 of 1998 Act.--
     Paragraph (2) of section 3301(c) of the 1998 Act is amended 
     by striking ``The amendments'' and inserting ``Subject to any 
     applicable statute of limitation not having expired with 
     regard to either a tax underpayment or a tax overpayment, the 
     amendments''.
       (e) Amendment Related to Section 3401 of 1998 Act.--Section 
     3401(c) of the 1998 Act is amended--
       (1) in paragraph (1), by striking ``7443(b)'' and inserting 
     ``7443A(b)''; and
       (2) in paragraph (2), by striking ``7443(c)'' and inserting 
     ``7443A(c)''.
       (f) Amendment Related to Section 3433 of 1998 Act.--Section 
     7421(a) of the 1986 Code is amended by inserting ``6331(i),'' 
     after ``6246(b),''.
       (g) Amendment Related to Section 3467 of 1998 Act.--The 
     subsection (d) of section 6159 of the 1986 Code relating to 
     cross reference is redesignated as subsection (e).
       (h) Amendment Related to Section 3708 of 1998 Act.--
     Subparagraph (A) of section 6103(p)(3) of the 1986 Code is 
     amended by inserting ``(f)(5),'' after ``(c), (e),''.
       (i) Amendments Related to Section 5001 of 1998 Act.--
       (1) Subparagraph (B) of section 1(h)(13) of the 1986 Code 
     is amended by striking ``paragraph (7)(A)'' and inserting 
     ``paragraph (7)(A)(i)''.
       (2)(A) Subparagraphs (A)(i)(II), (A)(ii)(II), and (B)(ii) 
     of section 1(h)(13) of the 1986 Code shall not apply to any 
     distribution after December 31, 1997, by a regulated 
     investment company or a real estate investment trust with 
     respect to--
       (i) gains and losses recognized directly by such company or 
     trust, and
       (ii) amounts properly taken into account by such company or 
     trust by reason of holding (directly or indirectly) an 
     interest in another such company or trust to the extent that 
     such subparagraphs did not apply to such other company or 
     trust with respect to such amounts.
       (B) Subparagraph (A) shall not apply to any distribution 
     which is treated under section 852(b)(7) or 857(b)(8) of the 
     1986 Code as received on December 31, 1997.
       (C) For purposes of subparagraph (A), any amount which is 
     includible in gross income of its shareholders under section 
     852(b)(3)(D) or 857(b)(3)(D) of the 1986 Code after December 
     31, 1997, shall be treated as distributed after such date.
       (D)(i) For purposes of subparagraph (A), in the case of a 
     qualified partnership with respect to which a regulated 
     investment company meets the holding requirement of clause 
     (iii)--
       (I) the subparagraphs referred to in subparagraph (A) shall 
     not apply to gains and losses recognized directly by such 
     partnership for purposes of determining such company's 
     distributive share of such gains and losses, and
       (II) such company's distributive share of such gains and 
     losses (as so determined) shall be treated as recognized 
     directly by such company.
     The preceding sentence shall apply only if the qualified 
     partnership provides the company with written documentation 
     of such distributive share as so determined.
       (ii) For purposes of clause (i), the term ``qualified 
     partnership'' means, with respect to a regulated investment 
     company, any partnership if--
       (I) the partnership is an investment company registered 
     under the Investment Company Act of 1940,
       (II) the regulated investment company is permitted to 
     invest in such partnership by reason of section 12(d)(1)(E) 
     of such Act or an exemptive order of the Securities and 
     Exchange Commission under such section, and
       (III) the regulated investment company and the partnership 
     have the same taxable year.
       (iii) A regulated investment company meets the holding 
     requirement of this clause with respect to a qualified 
     partnership if (as of January 1, 1998)--
       (I) the value of the interests of the regulated investment 
     company in such partnership is 35 percent or more of the 
     value of such company's total assets, or
       (II) the value of the interests of the regulated investment 
     company in such partnership and all other qualified 
     partnerships is 90 percent or more of the value of such 
     company's total assets.
       (3) Paragraph (13) of section 1(h) of the 1986 Code is 
     amended by adding at the end the following new subparagraph:
       ``(D) Charitable remainder trusts.--Subparagraphs (A) and 
     (B)(ii) shall not apply to any capital gain distribution made 
     by a trust described in section 664.''
       (j) Amendment Related to Section 7004 of 1998 Act.--Clause 
     (i) of section 408A(c)(3)(C) of the 1986 Code, as amended by 
     section 7004 of the 1998 Act, is amended by striking the 
     period at the end of subclause (II) and inserting ``, and''.
       (k) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     1998 Act to which they relate.

     SEC. 4003. AMENDMENTS RELATED TO TAXPAYER RELIEF ACT OF 1997.

       (a) Amendments Related to Section 202 of 1997 Act.--
       (1) Paragraph (2) of section 163(h) of the 1986 Code is 
     amended by striking ``and'' at the end of subparagraph (D), 
     by striking the period at the end of subparagraph (E) and 
     inserting ``, and'', and by adding at the end the following 
     new subparagraph:
       ``(F) any interest allowable as a deduction under section 
     221 (relating to interest on educational loans).''
       (2)(A) Subparagraph (C) of section 221(b)(2) of the 1986 
     Code is amended--
       (i) by striking ``135, 137,'' in clause (i),
       (ii) by inserting ``135, 137,'' after ``sections 86,'' in 
     clause (ii), and
       (iii) by striking the last sentence.
       (B) Sections 86(b)(2)(A), 135(c)(4)(A), and 
     219(g)(3)(A)(ii) of the 1986 Code are each amended by 
     inserting ``221,'' after ``137,''.
       (C) Subparagraph (A) of section 137(b)(3) of the 1986 Code 
     is amended by inserting ``221,'' before ``911,''.
       (D) Clause (iii) of section 469(i)(3)(E) of the 1986 Code 
     is amended to read as follows:
       ``(iii) the amounts allowable as a deduction under sections 
     219 and 221, and''.
       (3) The last sentence of section 221(e)(1) of the 1986 Code 
     is amended by inserting before the period ``or to any person 
     by reason of a loan under any qualified employer plan (as 
     defined in section 72(p)(4)) or under any contract referred 
     to in section 72(p)(5)''.
       (b) Provision Related to Section 311 of 1997 Act.--In the 
     case of any capital gain distribution made after 1997 by a 
     trust to which section 664 of the 1986 Code applies with 
     respect to amounts properly taken into account by such trust 
     during 1997, paragraphs (5)(A)(i)(I), (5)(A)(ii)(I), and 
     (13)(A) of section 1(h) of the 1986 Code (as in effect for 
     taxable years ending on December 31, 1997) shall not apply.
       (c) Amendment Related to Section 506 of 1997 Act.--Section 
     2001(f)(2) of the 1986 Code is amended by adding at the end 
     the following:

[[Page H11288]]

     ``For purposes of subparagraph (A), the value of an item 
     shall be treated as shown on a return if the item is 
     disclosed in the return, or in a statement attached to the 
     return, in a manner adequate to apprise the Secretary of the 
     nature of such item.''.
       (d) Amendments Related to Section 904 of 1997 Act.--
       (1) Paragraph (1) of section 9510(c) of the 1986 Code is 
     amended to read as follows:
       ``(1) In general.--Amounts in the Vaccine Injury 
     Compensation Trust Fund shall be available, as provided in 
     appropriation Acts, only for--
       ``(A) the payment of compensation under subtitle 2 of title 
     XXI of the Public Health Service Act (as in effect on August 
     5, 1997) for vaccine-related injury or death with respect to 
     any vaccine--
       ``(i) which is administered after September 30, 1988, and
       ``(ii) which is a taxable vaccine (as defined in section 
     4132(a)(1)) at the time compensation is paid under such 
     subtitle 2, or
       ``(B) the payment of all expenses of administration (but 
     not in excess of $9,500,000 for any fiscal year) incurred by 
     the Federal Government in administering such subtitle.''.
       (2) Section 9510(b) of the 1986 Code is amended by adding 
     at the end the following new paragraph:
       ``(3) Limitation on transfers to vaccine injury 
     compensation trust fund.--No amount may be appropriated to 
     the Vaccine Injury Compensation Trust Fund on and after the 
     date of any expenditure from the Trust Fund which is not 
     permitted by this section. The determination of whether an 
     expenditure is so permitted shall be made without regard to--
       ``(A) any provision of law which is not contained or 
     referenced in this title or in a revenue Act, and
       ``(B) whether such provision of law is a subsequently 
     enacted provision or directly or indirectly seeks to waive 
     the application of this paragraph.''.
       (e) Amendments Related to Section 915 of 1997 Act.--
       (1) Section 915(b) of the 1997 Act is amended by inserting 
     ``or 1998'' after ``1997''.
       (2) Paragraph (2) of section 6404(h) of the 1986 Code is 
     amended by inserting ``Robert T. Stafford'' before 
     ``Disaster''.
       (f) Amendments Related to Section 1012 of 1997 Act.--
       (1) Paragraph (2) of section 351(c) of the 1986 Code, as 
     amended by section 6010(c) of the 1998 Act, is amended by 
     inserting ``, or the fact that the corporation whose stock 
     was distributed issues additional stock,'' after ``dispose of 
     part or all of the distributed stock''.
       (2) Clause (ii) of section 368(a)(2)(H) of the 1986 Code, 
     as amended by section 6010(c) of the 1998 Act, is amended by 
     inserting ``, or the fact that the corporation whose stock 
     was distributed issues additional stock,'' after ``dispose of 
     part or all of the distributed stock''.
       (g) Provision Related to Section 1042 of 1997 Act.--Rules 
     similar to the rules of section 1.1502-75(d)(5) of the 
     Treasury Regulations shall apply with respect to any 
     organization described in section 1042(b) of the 1997 Act.
       (h) Amendment Related to Section 1082 of 1997 Act.--
     Subparagraph (F) of section 172(b)(1) of the 1986 Code is 
     amended by adding at the end the following new clause:
       ``(iv) Coordination with paragraph (2).--For purposes of 
     applying paragraph (2), an eligible loss for any taxable year 
     shall be treated in a manner similar to the manner in which a 
     specified liability loss is treated.''
       (i) Amendment Related to Section 1084 of 1997 Act.--
     Paragraph (3) of section 264(f) of the 1986 Code is amended 
     by adding at the end the following flush sentence:

     ``If the amount described in subparagraph (A) with respect to 
     any policy or contract does not reasonably approximate its 
     actual value, the amount taken into account under 
     subparagraph (A) shall be the greater of the amount of the 
     insurance company liability or the insurance company reserve 
     with respect to such policy or contract (as determined for 
     purposes of the annual statement approved by the National 
     Association of Insurance Commissioners) or shall be such 
     other amount as is determined by the Secretary.''
       (j) Amendment Related to Section 1175 of 1997 Act.--
     Subparagraph (C) of section 954(e)(2) of the 1986 Code is 
     amended by striking ``subsection (h)(8)'' and inserting 
     ``subsection (h)(9)''.
       (k) Amendment Related to Section 1205 of 1997 Act.--
     Paragraph (2) of section 6311(d) of the 1986 Code is amended 
     by striking ``under such contracts'' in the last sentence and 
     inserting ``under any such contract for the use of credit, 
     debit, or charge cards for the payment of taxes imposed by 
     subtitle A''.
       (l) Effective Date.--The amendments made by this section 
     shall take effect as if included in the provisions of the 
     1997 Act to which they relate.

     SEC. 4004. AMENDMENTS RELATED TO TAX REFORM ACT OF 1984.

       (a) In General.--Subparagraph (C) of section 172(d)(4) of 
     the 1986 Code is amended to read as follows:
       ``(C) any deduction for casualty or theft losses allowable 
     under paragraph (2) or (3) of section 165(c) shall be treated 
     as attributable to the trade or business; and''.
       (b) Conforming Amendments.--
       (1) Paragraph (3) of section 67(b) of the 1986 Code is 
     amended by striking ``for losses described in subsection 
     (c)(3) or (d) of section 165'' and inserting ``for casualty 
     or theft losses described in paragraph (2) or (3) of section 
     165(c) or for losses described in section 165(d)''.
       (2) Paragraph (3) of section 68(c) of the 1986 Code is 
     amended by striking ``for losses described in subsection 
     (c)(3) or (d) of section 165'' and inserting ``for casualty 
     or theft losses described in paragraph (2) or (3) of section 
     165(c) or for losses described in section 165(d)''.
       (3) Paragraph (1) of section 873(b) is amended to read as 
     follows:
       ``(1) Losses.--The deduction allowed by section 165 for 
     casualty or theft losses described in paragraph (2) or (3) of 
     section 165(c), but only if the loss is of property located 
     within the United States.''
       (c) Effective Dates.--
       (1) The amendments made by subsections (a) and (b)(3) shall 
     apply to taxable years beginning after December 31, 1983.
       (2) The amendment made by subsection (b)(1) shall apply to 
     taxable years beginning after December 31, 1986.
       (3) The amendment made by subsection (b)(2) shall apply to 
     taxable years beginning after December 31, 1990.

     SEC. 4005. AMENDMENTS RELATED TO URUGUAY ROUND AGREEMENTS 
                   ACT.

       (a) Inapplicability of Assignment Prohibition.--Section 207 
     of the Social Security Act (42 U.S.C. 407) is amended by 
     adding at the end the following new subsection:
       ``(c) Nothing in this section shall be construed to 
     prohibit withholding taxes from any benefit under this title, 
     if such withholding is done pursuant to a request made in 
     accordance with section 3402(p)(1) of the Internal Revenue 
     Code of 1986 by the person entitled to such benefit or such 
     person's representative payee.''.
       (b) Proper Allocation of Costs of Withholding Between the 
     Trust Funds and the General Fund.--Section 201(g) of such Act 
     (42 U.S.C. 401(g)) is amended--
       (1) by inserting before the period in paragraph (1)(A)(ii) 
     the following: ``and the functions of the Social Security 
     Administration in connection with the withholding of taxes 
     from benefits, as described in section 207(c), pursuant to 
     requests by persons entitled to such benefits or such 
     persons' representative payee'';
       (2) by inserting before the period at the end of paragraph 
     (1)(A) the following: ``and the functions of the Social 
     Security Administration in connection with the withholding of 
     taxes from benefits, as described in section 207(c), pursuant 
     to requests by persons entitled to such benefits or such 
     persons' representative payee'';
       (3) in paragraph (1)(B)(i)(I), by striking ``subparagraph 
     (A)),'' and inserting ``subparagraph (A)) and the functions 
     of the Social Security Administration in connection with the 
     withholding of taxes from benefits, as described in section 
     207(c), pursuant to requests by persons entitled to such 
     benefits or such persons' representative payee,'';
       (4) in paragraph (1)(C)(iii), by inserting before the 
     period the following: ``and the functions of the Social 
     Security Administration in connection with the withholding of 
     taxes from benefits, as described in section 207(c), pursuant 
     to requests by persons entitled to such benefits or such 
     persons' representative payee'';
       (5) in paragraph (1)(D), by inserting after ``section 232'' 
     the following: ``and the functions of the Social Security 
     Administration in connection with the withholding of taxes 
     from benefits as described in section 207(c)''; and
       (6) in paragraph (4), by inserting after the first sentence 
     the following: ``The Board of Trustees of such Trust Funds 
     shall prescribe the method of determining the costs which 
     should be borne by the general fund in the Treasury of 
     carrying out the functions of the Social Security 
     Administration in connection with the withholding of taxes 
     from benefits, as described in section 207(c), pursuant to 
     requests by persons entitled to such benefits or such 
     persons' representative payee.''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall apply to benefits paid on or after the first day of the 
     second month beginning after the month in which this Act is 
     enacted.

     SEC. 4006. OTHER AMENDMENTS.

       (a) Amendments Related to Section 6103 of 1986 Code.--
       (1) Subsection (j) of section 6103 of the 1986 Code is 
     amended by adding at the end the following new paragraph:
       ``(5) Department of agriculture.--Upon request in writing 
     by the Secretary of Agriculture, the Secretary shall furnish 
     such returns, or return information reflected thereon, as the 
     Secretary may prescribe by regulation to officers and 
     employees of the Department of Agriculture whose official 
     duties require access to such returns or information for the 
     purpose of, but only to the extent necessary in, structuring, 
     preparing, and conducting the census of agriculture pursuant 
     to the Census of Agriculture Act of 1997 (Public Law 105-
     113).''.
       (2) Paragraph (4) of section 6103(p) of the 1986 Code is 
     amended by striking ``(j)(1) or (2)'' in the material 
     preceding subparagraph (A) and in subparagraph (F) and 
     inserting ``(j)(1), (2), or (5)''.
       (3) The amendments made by this subsection shall apply to 
     requests made on or after the date of the enactment of this 
     Act.
       (b) Amendment Related to Section 9004 of Transportation 
     Equity Act for the 21st Century.--
       (1) Paragraph (2) of section 9503(f) of the 1986 Code is 
     amended to read as follows:
       ``(2) notwithstanding section 9602(b), obligations held by 
     such Fund after September 30, 1998, shall be obligations of 
     the United States which are not interest-bearing.''
       (2) The amendment made by paragraph (1) shall take effect 
     on October 1, 1998.
       (c) Clerical Amendments.--
       (1) Clause (i) of section 51(d)(6)(B) of the 1986 Code is 
     amended by striking ``rehabilitation plan'' and inserting 
     ``plan for employment''. The reference to ``plan for 
     employment'' in such

[[Page H11289]]

     clause shall be treated as including a reference to the 
     rehabilitation plan referred to in such clause as in effect 
     before the amendment made by the preceding sentence.
       (2) Paragraph (3) of section 56(a) of the 1986 Code is 
     amended by striking ``section 460(b)(2)'' and inserting 
     ``section 460(b)(1)'' and by striking ``section 460(b)(4)'' 
     and inserting ``section 460(b)(3)''.
       (3) Paragraph (10) of section 2031(c) of the 1986 Code is 
     amended by striking ``section 2033A(e)(3)'' and inserting 
     ``section 2057(e)(3)''.
       (4) Subparagraphs (C) and (D) of section 6693(a)(2) of the 
     1986 Code are each amended by striking ``Section'' and 
     inserting ``section''.

     TITLE V--MEDICARE-RELATED PROVISIONS

                        Subtitle A--Home Health

     SEC. 5101. INCREASE IN PER BENEFICIARY LIMITS AND PER VISIT 
                   PAYMENT LIMITS FOR PAYMENT FOR HOME HEALTH 
                   SERVICES.

       (a) Increase in Per Beneficiary Limits.--Section 
     1861(v)(1)(L) of the Social Security Act (42 U.S.C. 
     1395x(v)(1)(L)) is amended--
       (1) in the first sentence of clause (v), by inserting 
     ``subject to clause (viii)(I),'' before ``the Secretary'';
       (2) in clause (vi)(I), by inserting ``subject to clauses 
     (viii)(II) and (viii)(III)'' after ``fiscal year 1994''; and
       (3) by adding at the end the following new clause:
       ``(viii)(I) In the case of a provider with a 12-month cost 
     reporting period ending in fiscal year 1994, if the limit 
     imposed under clause (v) (determined without regard to this 
     subclause) for a cost reporting period beginning during or 
     after fiscal year 1999 is less than the median described in 
     clause (vi)(I) (but determined as if any reference in clause 
     (v) to `98 percent' were a reference to `100 percent'), the 
     limit otherwise imposed under clause (v) for such provider 
     and period shall be increased by \1/3\ of such difference.
       ``(II) Subject to subclause (IV), for new providers and 
     those providers without a 12-month cost reporting period 
     ending in fiscal year 1994, but for which the first cost 
     reporting period begins before fiscal year 1999, for cost 
     reporting periods beginning during or after fiscal year 1999, 
     the per beneficiary limitation described in clause (vi)(I) 
     shall be equal to the median described in such clause 
     (determined as if any reference in clause (v) to `98 percent' 
     were a reference to `100 percent').
       ``(III) Subject to subclause (IV), in the case of a new 
     provider for which the first cost reporting period begins 
     during or after fiscal year 1999, the limitation applied 
     under clause (vi)(I) (but only with respect to such provider) 
     shall be equal to 75 percent of the median described in 
     clause (vi)(I).
       ``(IV) In the case of a new provider or a provider without 
     a 12-month cost reporting period ending in fiscal year 1994, 
     subclause (II) shall apply, instead of subclause (III), to a 
     home health agency which filed an application for home health 
     agency provider status under this title before September 15, 
     1998, or which was approved as a branch of its parent agency 
     before such date and becomes a subunit of the parent agency 
     or a separate agency on or after such date.
       ``(V) Each of the amounts specified in subclauses (I) 
     through (III) are such amounts as adjusted under clause (iii) 
     to reflect variations in wages among different areas.''.
       (b) Revision of Per Visit Limits.--Section 1861(v)(1)(L)(i) 
     of such Act (42 U.S.C. 1395x(v)(1)(L)(i)) is amended--
       (1) in subclause (III), by striking ``or'';
       (2) in subclause (IV)--
       (A) by inserting ``and before October 1, 1998,'' after 
     ``October 1, 1997,''; and
       (B) by striking the period at the end and inserting ``, 
     or''; and
       (3) by adding at the end the following new subclause:
       ``(V) October 1, 1998, 106 percent of such median.''.
       (c) One-Year Delay in 15 Percent Reduction in Payment 
     Limits; Change in Timing of Implementation of Prospective 
     Payment System.--
       (1) Prospective payment system.--Section 1895 of such Act 
     (42 U.S.C. 1395fff) is amended--
       (A) in subsection (a), by striking ``for cost reporting 
     periods beginning on or after October 1, 1999'' and inserting 
     ``for portions of cost reporting periods occurring on or 
     after October 1, 2000''; and
       (B) in subsection (b)(3)--
       (i) in subparagraph (A)(i), by striking ``fiscal year 
     2000'' and inserting ``fiscal year 2001'';
       (ii) in subparagraph (A)(ii), by striking ``September 30, 
     1999'' and inserting ``September 30, 2000''; and
       (iii) in subparagraph (B)(i), by striking ``fiscal year 
     2001'' and inserting ``fiscal year 2002''.
       (2) Change in effective date.--Section 4603(d) of the 
     Balanced Budget Act of 1997 (42 U.S.C. 1395fff note) is 
     amended by striking ``cost reporting periods beginning on or 
     after October 1, 1999'' and inserting ``portions of cost 
     reporting periods occurring on or after October 1, 2000''.
       (3) Contingency reduction.--Section 4603(e) of the Balanced 
     Budget Act of 1997 (42 U.S.C. 1395fff note) is amended--
       (A) by striking ``cost reporting periods described in 
     subsection (d), for such cost reporting periods'' and 
     inserting ``portions of cost reporting periods described in 
     subsection (d), for such portions''; and
       (B) by striking ``September 30, 1999'' and inserting 
     ``September 30, 2000''.
       (d) Change in Home Health Market Basket Increase.--
       (1) Interim payment system.--Section 1861(v)(1)(L) of the 
     Social Security Act (42 U.S.C. 1395x(v)(1)(L)), as amended by 
     subsection (a)(3), is amended by adding at the end the 
     following:
       ``(ix) Notwithstanding any other provision of this 
     subparagraph, in updating any limit under this subparagraph 
     by a home health market basket index for cost reporting 
     periods beginning during each of fiscal years 2000, 2001, 
     2002, and 2003, the update otherwise provided shall be 
     reduced by 1.1 percentage points.''.
       (2) Prospective payment system.--Section 1895(b)(3)(B) of 
     such Act (42 U.S.C. 1395fff(b)(3)(B)) is amended--
       (A) in clause (i), by striking ``home health market basket 
     percentage increase'' and inserting ``home health applicable 
     increase percentage (as defined in clause (ii))'';
       (B) by redesignating clause (ii) as clause (iii); and
       (C) by inserting after clause (i) the following:
       ``(ii) Home health applicable increase percentage.--For 
     purposes of this subparagraph, the term `home health 
     applicable increase percentage' means, with respect to--

       ``(I) fiscal year 2002 or 2003, the home health market 
     basket percentage increase (as defined in clause (iii)) minus 
     1.1 percentage points; or
       ``(II) any subsequent fiscal year, the home health market 
     basket percentage increase.''.

       (e) Exclusion of Additional Part B Costs From Determination 
     of Part B Monthly Premium.--Section 1839 of such Act (42 
     U.S.C. 1395r) is amended--
       (1) in subsection (a)(3), by inserting ``(except as 
     provided in subsection (g))'' after ``year that''; and
       (2) by adding at the end the following new subsection:
       ``(g) In estimating the benefits and administrative costs 
     which will be payable from the Federal Supplementary Medical 
     Insurance Trust Fund for a year for purposes of determining 
     the monthly premium rate under subsection (a)(3), the 
     Secretary shall exclude an estimate of any benefits and 
     administrative costs attributable to the application of 
     section 1861(v)(1)(L)(viii) or to the establishment under 
     section 1861(v)(1)(L)(i)(V) of a per visit limit at 106 
     percent of the median (instead of 105 percent of the median), 
     but only to the extent payment for home health services under 
     this title is not being made under section 1895 (relating to 
     prospective payment for home health services).''.
       (f) Reports on Summary of Research Conducted by the 
     Secretary on the Prospective Payment System.--By not later 
     than January 1, 1999, the Secretary of Health and Human 
     Services shall submit to Congress a report on the following 
     matters:
       (1) Research.--A description of any research paid for by 
     the Secretary on the development of a prospective payment 
     system for home health services furnished under the medicare 
     program under title XVIII of the Social Security Act, and a 
     summary of the results of such research.
       (2) Schedule for implementation of system.--The Secretary's 
     schedule for the implementation of the prospective payment 
     system for home health services under section 1895 of the 
     Social Security Act (42 U.S.C. 1395fff).
       (g) MedPAC Reports.--
       (1) Review of secretary's report.--Not later than 60 days 
     after the date the Secretary of Health and Human Services 
     submits to Congress the report under subsection (f), the 
     Medicare Payment Advisory Commission (established under 
     section 1805 of the Social Security Act (42 U.S.C. 1395b-6)) 
     shall submit to Congress a report describing the Commission's 
     analysis of the Secretary's report, and shall include the 
     Commission's recommendations with respect to the matters 
     contained in such report.
       (2) Annual report.--The Commission shall include in its 
     annual report to Congress for June 1999 an analysis of 
     whether changes in law made by the Balanced Budget Act of 
     1997, as modified by the amendments made by this section, 
     with respect to payments for home health services furnished 
     under the medicare program under title XVIII of the Social 
     Security Act, impede access to such services by individuals 
     entitled to benefits under such program.
       (h) GAO Audit of Research Expenditures.--The Comptroller 
     General of the United States shall conduct an audit of sums 
     obligated or expended by the Health Care Financing 
     Administration for the research described in subsection 
     (f)(1), and of the data, reports, proposals, or other 
     information provided by such research.
       (i) Prompt Implementation.--
       (1) In general.--The Secretary of Health and Human Services 
     shall promptly issue (without regard to chapter 8 of title 5, 
     United States Code) such regulations or program memoranda as 
     may be necessary to effect the amendments made by this 
     section for cost reporting periods beginning during fiscal 
     year 1999.
       (2) Use of payment amounts and limits from published 
     tables.--
       (A) Per beneficiary limits.--In effecting the amendments 
     made by subsection (a) for cost reporting periods beginning 
     in fiscal year 1999, the ``median'' referred to in section 
     1861(v)(1)(L)(vi)(I) of the Social Security Act for such 
     periods shall be the national standardized per beneficiary 
     limitation specified in Table 3C published in the Federal 
     Register on August 11, 1998 (63 FR 42926) and the 
     ``standardized regional average of such costs'' referred to 
     in section 1861(v)(1)(L)(v)(I) of such Act for a census 
     division shall be the sum of the labor and nonlabor 
     components of the standardized per beneficiary limitation for 
     that census division specified in Table 3B published in the 
     Federal Register on that date (63 FR 42926) (or in Table 3D 
     as so published with respect to Puerto Rico and Guam), and 
     adjusted to reflect variations in wages among different 
     geographic areas as specified in Tables 4a and 4b published 
     in the Federal Register on that date (63 FR 42926-42933).
       (B) Per visit limits.--In effecting the amendments made by 
     subsection (b) for cost reporting periods beginning in fiscal 
     year 1999, the limits

[[Page H11290]]

     determined under section 1861(v)(1)(L)(i)(V) of such Act for 
     cost reporting periods beginning during such fiscal year 
     shall be equal to the per visit limits as specified in Table 
     3A published in the Federal Register on August 11, 1998 (63 
     FR 42925) and as subsequently corrected, multiplied by \106/
     105\, and adjusted to reflect variations in wages among 
     different geographic areas as specified in Tables 4a and 4b 
     published in the Federal Register on August 11, 1998 (63 FR 
     42926-42933).

             Subtitle B--Other Medicare-Related Provisions

     SEC. 5201. AUTHORIZATION OF ADDITIONAL EXCEPTIONS TO 
                   IMPOSITION OF PENALTIES FOR PROVIDING 
                   INDUCEMENTS TO BENEFICIARIES.

       (a) In General.--Subparagraph (B) of section 1128A(i)(6) of 
     the Social Security Act (42 U.S.C. 1320a-7a(i)(6)) is amended 
     to read as follows:
       ``(B) subject to subsection (n), any permissible practice 
     described in any subparagraph of section 1128B(b)(3) or in 
     regulations issued by the Secretary;''.
       (b) Special Provisions Concerning a Safe Harbor for Payment 
     of Medigap Premiums of ESRD Beneficiaries.--
       (1) 2-year limitation.--Section 1128A of such Act (42 
     U.S.C. 1320a-7a) is amended by adding at the end the 
     following:
       ``(n)(1) Subparagraph (B) of subsection (i)(6) shall not 
     apply to a practice described in paragraph (2) unless--
       ``(A) the Secretary, through the Inspector General of the 
     Department of Health and Human Services, promulgates a rule 
     authorizing such a practice as an exception to remuneration; 
     and
       ``(B) the remuneration is offered or transferred by a 
     person under such rule during the 2-year period beginning on 
     the date the rule is first promulgated.
       ``(2) A practice described in this paragraph is a practice 
     under which a health care provider or facility pays, in whole 
     or in part, premiums for medicare supplemental policies for 
     individuals entitled to benefits under part A of title XVIII 
     pursuant to section 226A.''.
       (2) GAO study and report on impact of safe harbor on 
     medigap policies.--If a permissible practice is promulgated 
     under section 1128A(n)(1)(A) of the Social Security Act (as 
     added by paragraph (1)), the Comptroller General of the 
     United States shall conduct a study that compares any 
     disproportionate impact on specific issuers of medicare 
     supplemental policies (including the impact on premiums for 
     non-ESRD medicare beneficiaries enrolled in such policies) 
     due to adverse selection in enrolling medicare ESRD 
     beneficiaries before the enactment of the Health Insurance 
     Portability and Accountability Act of 1996 and 1 year after 
     the date of promulgation of such permissible practice under 
     section 1128A(n)(1)(A) of the Social Security Act. Not later 
     than 18 months after the date of promulgation of such 
     practice, the Comptroller General shall submit a report to 
     Congress on such study and shall include in the report 
     recommendations concerning whether the time limitation 
     imposed under section 1128A(n)(1)(B) of such Act should be 
     extended.
       (c) Extension of Advisory Opinion Authority.--Section 
     1128D(b)(2)(A) of such Act (42 U.S.C. 1320a-7d(b)(2)(A)) is 
     amended by inserting ``or section 1128A(i)(6)'' after 
     ``1128B(b)''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.
       (e) Interim Final Rulemaking Authority.--The Secretary of 
     Health and Human Services may promulgate regulations that 
     take effect on an interim basis, after notice and pending 
     opportunity for public comment, in order to implement the 
     amendments made by this section in a timely manner.

     SEC. 5202. EXPANSION OF MEMBERSHIP OF MEDPAC TO 17.

       (a) In General.--Section 1805(c)(1) of the Social Security 
     Act (42 U.S.C. 1395b-6(c)(1)), as added by section 4022 of 
     the Balanced Budget Act of 1997, is amended by striking 
     ``15'' and inserting ``17''.
       (b) Initial Terms of Additional Members.--
       (1) In general.--For purposes of staggering the initial 
     terms of members of the Medicare Payment Advisory Commission 
     (under section 1805(c)(3) of such Act (42 U.S.C. 1395b-
     6(c)(3)), the initial terms of the two additional members of 
     the Commission provided for by the amendment under subsection 
     (a) are as follows:
       (A) One member shall be appointed for one year.
       (B) One member shall be appointed for two years.
       (2) Commencement of terms.--Such terms shall begin on May 
     1, 1999.

                      Subtitle C--Revenue Offsets

     SEC. 5301. TAX TREATMENT OF CASH OPTION FOR QUALIFIED PRIZES.

       (a) In General.--Section 451 (relating to taxable year for 
     which items of gross income included) is amended by adding at 
     the end the following new subsection:
       ``(h) Special Rule for Cash Options For Receipt of 
     Qualified Prizes.--
       ``(1) In general.--For purposes of this title, in the case 
     of an individual on the cash receipts and disbursements 
     method of accounting, a qualified prize option shall be 
     disregarded in determining the taxable year for which any 
     portion of the qualified prize is properly includible in 
     gross income of the taxpayer.
       ``(2) Qualified prize option; qualified prize.--For 
     purposes of this subsection--
       ``(A) In general.--The term `qualified prize option' means 
     an option which--
       ``(i) entitles an individual to receive a single cash 
     payment in lieu of receiving a qualified prize (or remaining 
     portion thereof), and
       ``(ii) is exercisable not later than 60 days after such 
     individual becomes entitled to the qualified prize.
       ``(B) Qualified prize.--The term `qualified prize' means 
     any prize or award which--
       ``(i) is awarded as a part of a contest, lottery, jackpot, 
     game, or other similar arrangement,
       ``(ii) does not relate to any past services performed by 
     the recipient and does not require the recipient to perform 
     any substantial future service, and
       ``(iii) is payable over a period of at least 10 years.
       ``(3) Partnership, etc.--The Secretary shall provide for 
     the application of this subsection in the case of a 
     partnership or other pass-through entity consisting entirely 
     of individuals described in paragraph (1).''
       (b) Effective Date.--
       (1) In general.--The amendment made by this section shall 
     apply to any prize to which a person first becomes entitled 
     after the date of enactment of this Act.
       (2) Transition rule.--The amendment made by this section 
     shall apply to any prize to which a person first becomes 
     entitled on or before the date of enactment of this Act, 
     except that in determining whether an option is a qualified 
     prize option as defined in section 451(h)(2)(A) of the 
     Internal Revenue Code of 1986 (as added by such amendment)--
       (A) clause (ii) of such section 451(h)(2)(A) shall not 
     apply, and
       (B) such option shall be treated as a qualified prize 
     option if it is exercisable only during all or part of the 
     18-month period beginning on July 1, 1999.

                  DIVISION K--PAY-AS-YOU-GO PROVISION

       Notwithstanding Rule 3 of the Budget Scorekeeping 
     Guidelines set forth in the Joint Explanatory Statement of 
     the Committee of Conference accompanying Conference Report 
     No. 105-217, legislation in section 103 of Division A and in 
     divisions C through J of this Act that would have been 
     estimated by the Office of Management and Budget as changing 
     direct spending or receipts under section 252 of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 were it 
     included in an Act other than an appropriation Act shall be 
     treated as direct spending or receipts legislation, as 
     appropriate, under section 252 of the Balanced Budget and 
     Emergency Deficit Control Act of 1985.
     This Act may be cited as the ``Omnibus Consolidated and 
     Emergency Supplemental Appropriations Act, 1999''.
       And amend the title to read as follows:
       An Act making omnibus consolidated and emergency 
     appropriations for the fiscal year ending September 30, 1999, 
     and for other purposes.
       And the Senate agree to the same.
     Tom DeLay,
     Ralph Regula,
     Harold Rogers,
     Ron Packard,
     S. Callahan,
     Todd Tiahrt,
     Robert Aderholt,
     Bob Livingston,
     Martin Olav Sabo,
     Esteban E. Torres,
     John W. Olver,
     Ed Pastor,
     Bud Cramer,
     Dave Obey,
                                Managers on the Part of the House.

     Richard Shelby,
     Pete V. Domenici,
     Robert F. Bennett,
     Ted Stevens,
     Frank R. Lautenberg,
     Robert C. Byrd
     (with the exception of certain leadership legislative 
     riders),
     Harry Reid,
     Patty Murray,
     Daniel K. Inouye,
                               Managers on the Part of the Senate.

       JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

       The managers on the part of the House and Senate at the 
     conference on the disagreeing votes of the two Houses on the 
     amendment of the Senate to the bill (H.R. H.R. 4328) making 
     appropriations for the Department of Transportation and 
     Related Agencies Appropriations Act, 1999, for the fiscal 
     year ending September 30, 1999, and for other purposes, 
     submit the following joint statement to the House and the 
     Senate in explanation of the effects of the action agreed 
     upon by the managers and recommended in the accompanying 
     report.
       The composition of this conference agreement includes more 
     than the Department of Transportation and Related Agencies 
     Appropriations Act for fiscal year 1999. While the House 
     version of H.R. 4328 and the Senate amendment in the nature 
     of a substitute dealt only with transportation 
     appropriations, the conference report was expanded to include 
     other matters, most significantly, other fiscal year 1999 
     appropriations for other departments and agencies. These 
     appropriations are included in division A of this conference 
     agreement and are organized in groupings as they would have 
     been had they been enacted in their regular appropriations 
     act.
       Since this conference agreement is expanded to include 
     matters beyond those relating to the Department of 
     Transportation and Related Agencies Appropriations Act, the 
     title of the bill is amended to reflect this expansion.

[[Page H11291]]

  

     SECTION 101(a): AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG 
     ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999

       The conferees on H.R. 4101 agree with the matter inserted 
     in this subsection of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in the 
     House and Senate versions of H.R. 4101, the Agriculture, 
     rural Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 1999, by members of the 
     appropriations subcommittee of both the House and Senate with 
     jurisdiction over H.R. 4101.

                        Congressional Directives

       The statement of the managers remains silent on provisions 
     that were in both the House and Senate bills that remain 
     unchanged by this conference agreement, except as noted in 
     this statement of the managers.
       The conferees agree that executive branch wishes cannot 
     substitute for Congress' own statements as to the best 
     evidence of congressional intentions--that is, the official 
     reports of the Congress. The conferees further point out that 
     funds in this Act must be used for the purposes for which 
     appropriated, as required by section 1301 of title 31 of the 
     United States Code, which provides: ``Appropriations shall be 
     applied only to the objects for which the appropriations were 
     made except as otherwise provided by law.''
       The House and Senate report language that is not changed by 
     the conference is approved by the committee of conference. 
     The statement of the managers, while repeating some report 
     language for emphasis, does not intend to negate the language 
     referred to above unless expressly provided herein.


                         FOOD SAFETY INITIATIVE

       Funding for Food Safety is of critical importance to the 
     conferees and, accordingly, it has been given high priority. 
     The conferees note that many of the activities described 
     under the President's Food Safety Initiative have been funded 
     for many years. The President's budget request, which assumes 
     the collection of user fees that have not been authorized, 
     further complicates the process.
       The following table reflects funding increases for 
     activities identified under the Food Safety Initiative:

Food and Drug Administration................................$25,000,000
Food Safety and Inspection Service...........................16,467,000
Office of the Chief Economist....................................98,000
Economic Research Service.......................................453,000
Food and Nutrition Service....................................2,000,000
Cooperative State Research, Education and Extension Service..16,000,000
Agricultural Research Service................................12,370,000
Agricultural Marketing Service................................2,831,000
                                                       ________________
                                                       
  Total.....................................................$75,219,000

                     TITLE I--AGRICULTURAL PROGRAMS

                 Production, Processing, and Marketing

                        Office of the Secretary

       The conference agreement provides $2,836,000 for the Office 
     of the Secretary as proposed by the Senate instead of 
     $2,941,000 as proposed by the House.
       The conference agreement adopts language as proposed by the 
     House to prohibit the use of salaries and expenses to carry 
     out section 793(d) of Public Law 104-127, a limitation on 
     program levels in the Fund for Rural America and section 
     793(c)(1)(C) of Public Law 104-127, a limitation on housing 
     assistance. The Senate bill had no similar provision.
       The conferees concur with Senate report language regarding 
     the Food Quality Protection Act (FQPA) that says that, in 
     implementing the FQPA, decisions should be ``. . . based on 
     sound science, and reliable, accurate and widely accepted 
     data which reflects the Nation's agricultural production, 
     practices, and conditions.''
       The conferees understand the trust responsibility the U.S. 
     has toward Indians and Alaska Natives and directs the 
     Department of Agriculture to report to the Congress no later 
     than February 1, 1999, on the progress made with Indian 
     agriculture, Federal inter-agency coordination, and the level 
     of Indian usage of Federal programs and initiatives outlined 
     to benefit Indian agriculture.
       The conferees have included in the bill a prohibition on 
     funding to establish an Office of Community Food Security or 
     any similar office without the prior approval of the 
     Committees on Appropriations.

                          Executive Operations

                            Chief Economist

       The conference agreement provides $5,620,000 for the Chief 
     Economist instead of $5,973,000 as proposed by the House and 
     $5,048,000 as proposed by the Senate. Included in this amount 
     is $219,000 for agricultural weather activities, $255,000 for 
     the World Agricultural Outlook Board, and $98,000 to support 
     the Food Safety Initiative.
       The conference agreement provides $6,120,000 for the Office 
     of Budget and Program Analysis as proposed by the House 
     instead of $5,986,000 as proposed by the Senate.

          Office of the Assistant Secretary for Administration

       The conference agreement provides $613,000 for the Office 
     of the Assistant Secretary for Administration as proposed by 
     the Senate instead of $636,000 as proposed by the House.

        Agriculture Buildings and Facilities and Rental Payments

       The conference agreement does not include language as 
     proposed by the House limiting the purpose for which funds 
     may be transferred to commercial space expansion. The 
     conference agreement includes new language that provides 
     flexibility for the Secretary to transfer not more than 5 
     percent of this appropriation to or from another agency's 
     appropriation to allow for incremental changes in the amount 
     of GSA or commercial space and not to finance changes in GSA 
     billing.

                      Departmental Administration

       The conference agreement provides $32,168,000 for 
     Departmental Administration as proposed by the House instead 
     of $27,034,000 as proposed by the Senate.

                    Office of the Inspector General

       The conference agreement provides $65,128,000 for the 
     Office of the Inspector General instead of $67,178,000 as 
     proposed by the House and $63,128,000 as proposed by the 
     Senate. Included in this amount is $100,000 for confidential 
     operational expenses instead of $95,000 as proposed by the 
     House and $125,000 as proposed by the Senate. The conference 
     agreement includes $2,000,000 for law enforcement and 
     related work instead of $1,965,000 as proposed by the 
     House.

                     Office of the General Counsel

       The conference agreement provides $29,194,000 for the 
     Office of the General Counsel instead of $30,396,000 as 
     proposed by the House and $28,759,000 as proposed by the 
     Senate. Included in this amount is $435,000 to provide legal 
     support for the Department's civil rights program.

  Office of the Under Secretary for Research, Education and Economics

       The conference agreement provides $540,000 for the Office 
     of the Under Secretary for Research, Education and Economics 
     as proposed by the Senate instead of $560,000 as proposed by 
     the House.

                       Economic Research Service

       The conference agreement provides $65,757,000 for the 
     Economic Research Service instead of $67,282,000 as proposed 
     by the House and $53,109,000 as proposed by the Senate. 
     Included in this amount is $12,195,000 for studies and 
     evaluations of the child nutrition, WIC, and food stamp 
     programs. Of this amount, $2,000,000 is transfered to the 
     Food Program Administration account of the Food and Nutrition 
     Service to conduct programmatic evaluations and analyses. The 
     conferees direct that any welfare reform studies, analyses, 
     or evaluations undertaken by the agency shall directly relate 
     to USDA programs.
       The conferees expect a study as proposed by the House, as 
     part of the nutrition related studies, to assess cost 
     containment practices used by states to limit branded 
     products sold in the WIC food package other than infant 
     formula. The conferees direct that the total cost for this 
     study shall not exceed $1,100,000 in fiscal year 1999 nor 
     $1,500,000 over the next three years.
       The conference agreement includes $453,000 for estimating 
     the benefits of food safety.
       The conferees are aware of a 1996 GAO study on plate waste 
     in the school lunch program and expect the USDA to develop 
     recommendations for eliminating this problem.
       Two years ago, the U.S. Congress set U.S. farm policy 
     through the year 2002. As international trade negotiations 
     move into a phase critical to U.S. agriculture, it is 
     essential that our negotiators and farmers have accurate and 
     timely information. Therefore, in addition to the language in 
     the Senate report, the conferees expect commodity situation 
     and outlook reports be maintained at the reporting frequency 
     in place at the time of enactment of the Food and Agriculture 
     Improvement and Reform Act.
       The conference agreement provides $300,000 for a study by 
     the National Academy of Sciences concerning the appropriate 
     amounts of fruit, fiber and sugar in the diet of the 
     population targeted for benefit by the Special Supplemental 
     Nutrition Program for Women, Infants, and Children (WIC). The 
     study will be a compilation and review of existing studies 
     and data, including data compiled and materials prepared by 
     the Department in developing the Dietary Guidelines and the 
     Healthy Eating Index. It will examine, in particular, whether 
     WIC program participants would benefit nutritionally if the 
     six grams of sugar per ounce of dried cereal limitation in 
     WIC program regulations were to be modified so that sugar 
     contained in dried fruit in such cereals did not count 
     against this limitation. The study will also examine the 
     impact of the above modifications to the WIC dried cereal 
     limitation on the dental health of WIC participants. A report 
     on this study should be transmitted to the appropriate 
     committees of Congress and to the Secretary no later than 12 
     months after the project is initiated by the Academy.

                National Agricultural Statistics Service

       The conference agreement provides $103,964,000 for the 
     National Agricultural

[[Page H11292]]

     Statistics Service as proposed by the Senate instead of 
     $105,082,000 as proposed by the House. Of this amount up to 
     $23,599,000, is provided for the Census of Agriculture 
     including $600,000 for the agriculture economics and land 
     ownership survey and the aquaculture statistics census as 
     proposed by the Senate instead of up to $23,141,000 as 
     proposed by the House.
       The conferees expect the National Agricultural Statistics 
     Service to continue to revise the Census of Agriculture to 
     eliminate redundancies in questions asked of farmers.

                     Agricultural Research Service

       The conference agreement provides $785,518,000 for the 
     Agricultural Research Service instead of $755,816,000 as 
     proposed by the House and $768,221,000 as proposed by the 
     Senate.
       The following table reflects the conference agreement:

------------------------------------------------------------------------
                                                              Amount    
------------------------------------------------------------------------
FY 1998 Appropriation..................................    $744,605,000 
  Transfer:                                                             
    Office of Civil Rights.............................         170,000 
    Department of State................................          16,000 
  Rescission...........................................        (223,000)
                                                        ================
Adjusted FY 1998 Base..................................     744,568,000 
Emerging Diseases and Exotic Pests.....................       7,550,000 
  Plants: Emerging Plant Diseases......................      (1,450,000)
    Albany, CA.........................................       {250,000} 
    Beltsville, MD.....................................       {250,000} 
    Frederick, MD......................................       {250,000} 
    College Station, TX................................       {250,000} 
    Montpellier, FR....................................       {250,000} 
    Logan, UT..........................................       {200,000} 
  Fusarium Head Blight (ARS/Consortium of 12 Land Grant                 
   Univ................................................     {3,000,000} 
  Animals: Exotic Infectious Diseases..................      (3,100,000)
    Athens, GA.........................................       {500,000} 
    Ames, IA (NADC)....................................     {1,000,000} 
    Beltsville, MD.....................................       {500,000} 
    Pullman, WA........................................       {600,000} 
    Laramie, WY........................................       {500,000} 
Environmental Quality/Natural Resources................       2,400,000 
  Bioactive Compounds..................................        (250,000)
    Gainesville, FL....................................       {250,000} 
  IPM/Areawide.........................................      (1,150,000)
    Beltsville, MD.....................................       {250,000} 
    Columbia, MO.......................................       {400,000} 
    Stoneville, MS.....................................       {250,000} 
    College Station, TX................................       {250,000} 
  Livestock Management Systems.........................      (1,000,000)
Everglades Initiative..................................         750,000 
    Canal Point, FL....................................       {250,000} 
    Miami, FL..........................................       {250,000} 
    Ft. Lauderdale, FL.................................       {250,000} 
Food Safety............................................      12,370,000 
  Preharvest...........................................      (4,802,000)
    Athens, GA.........................................       {250,000} 
    Ames, IA...........................................       {250,000} 
    West Lafayette, IN.................................       {250,000} 
    Beltsville, MD.....................................       {250,000} 
    Clay Center, NE....................................       {600,000} 
    College Station, TX................................       {250,000} 
  Postharvest..........................................      (2,000,000)
  Safety/Quality of Fruits/Vegetables..................      (1,000,000)
  Food Safety Engineering, Purdue Univ.................      (1,000,000)
Genetic Resources......................................       2,100,000 
    Palmer, AK.........................................       {100,000} 
    Columbia, MO.......................................       {700,000} 
    Leetown, WV........................................     {1,000,000} 
Human Nutrition Initiative.............................       2,250,000 
    Little Rock, AR....................................       {750,000} 
    San Francisco, CA..................................       {250,000} 
    Boston, MA.........................................       {250,000} 
    Beltsville, MD.....................................       {250,000} 
    Grand Forks, ND....................................       {250,000} 
    Houston, TX........................................       {500,000} 
Pfiesteria.............................................         719,000 
Alternative Fish Feed, Aberdeen, ID....................         250,000 
Appalachian Fruit Research Station, Kearneysville, WV..         250,000 
Aquaculture Research, AK...............................       1,100,000 
Biological Control of Western Weeds, Albany, CA........         300,000 
Biomedical Materials in Plants {C/A with Biotech.                       
 Foundation, Inc.......................................         500,000 
Cereal Crops Research, Madison WI......................         250,000 
Cotton Ginning, Stoneville, MS.........................         250,000 
Endophyte Research {C/A with Univ. of AR, MO and OSU...         200,000 
Fish Diseases, Auburn, AL..............................         750,000 
Fish Farming Experiment Laboratory, Stuttgart, AR......         750,000 
Floriculture and Nursery Crop Res (USNA, Washington, DC/                
 OSU/Cornell and CA Univ)..............................       1,000,000 
Ft. Pierce, FL {Horticulture...........................         500,000 
Forage Crops, Woodward, OK.............................         250,000 
Garden Unit, USNA, Washington, DC......................         250,000 
Golden Nematode, Ithaca, NY............................         150,000 
Grape Rootstock, Geneva, NY............................         300,000 
Grasshopper Research, AK...............................         750,000 
Grazinglands Research, El Reno, OK.....................         250,000 
Honeybee Research (Varroa/Tracheal Mites), Baton Rouge,                 
 LA....................................................         300,000 
Lettuce Geneticist/Breeding, Salinas, CA...............         250,000 
Lyme Disease {Tick Control Project, Beltsville, MD.....         200,000 
Manure Handling and Disposal, Starkville, MS...........         500,000 
Meadowfoam Research, Peoria, IL........................         200,000 
Mycoplasma Research, Starkville, MS....................         250,000 
National Warmwater Aquaculture Center, Stoneville, MS..       1,100,000 
National Agricultural Library..........................         250,000 
Natural Products, Oxford, MS...........................         750,000 
New England Plant, Soil and Water Lab, Orono, ME.......         250,000 
Non-Chemical Control of Pecan Insect Pests, Byron, GA..         250,000 
Peaceh Varieties Research, Byron, GA...................         150,000 
Peanut Quality Research Dawson, GA/Raleigh, NC.........       1,000,000 
Pear Thrips, Ithaca, NY................................         100,000 
Potato Breeder Position, Aberdeen, ID..................         150,000 
Range Research, Burns, OR..............................         250,000 
Rice Research:                                                          
  Stuttgart, ARK.......................................       1,400,000 
  Davis, CA............................................         250,000 
  Beaumont, TX.........................................         200,000 
Root Diseases of Wheat and Barley, Pullman, WA.........         500,000 
Small Fruits Research, Poplarville, MS.................         250,000 
Small Fruits Research, Corvallis, OR...................         250,000 
Soil Tilth Research, Ames, IA..........................         500,000 
Soybean and Corn Research, Stoneville, MS..............         750,000 
Subtropical Animal Research Station, Brooksville, FL...         500,000 
Subtropical Horticultural Research Station, Miami, FL..         300,000 
Sugarbeet Research, Ft. Collins, CO....................         200,000 
U.S. Plant Stress and Water Conserv. Lab, Lubbock, TX..         500,000 
Vegetable Research, East Lansing, MI...................         200,000 
Wild Rice Research, St. Paul, MN.......................         100,000 
Wind Erosion Research, Manhattan, KS...................         250,000 
  Termination of ongoing projects......................      -1,419,000 
  Children's nutrition study...........................      -5,000,000 
  Food safety study....................................        -420,000 
  Citrus Tristeza Virus (transfer......................        -500,000 
                                                        ----------------
      Total, ARS.......................................     785,518,000 
                                                                        
------------------------------------------------------------------------

       The conference agreement concurs in the following program 
     terminations: global environmental change, CO; and water and 
     agrochemical management, LA.
       The conferees understand that ARS and the Institute for 
     Technology Development are collaborating to develop promising 
     imaging technology to help assure food quality and safety. 
     The conferees encourage the continuation of this important 
     research and expect ARS to increase its support for this 
     cooperative project from the increased funding provided for 
     food safety.
       The conferees are aware of the important research carried 
     out by ARS National Animal Disease Center at Ames, Iowa, on 
     corn insects and crop genetics, plant introduction, soil 
     tilth, and national programs to control and prevent avian and 
     animal diseases. The conferees continue funding for these 
     important ARS projects in FY 1999 and have provided an 
     additional $2,000,000 for ARS research as reflected in the 
     table.
       The amount recommended does not provide funding for program 
     and operations supporting the mission of the newly-
     constructed swine facility which has been deeded to Iowa 
     State University (ISU). In the Department's report to the 
     Committees regarding funding options for the facility, the 
     conferees understand (1) ISU is presently investing funds in 
     research that is related or complementary to the research 
     proposed for the new facility, and (2) the swine industry is 
     prepared to work toward obtaining other sources of funds to 
     support operational costs and the program of research planned 
     for this facility. The National Swine Research Center was 
     conveyed to ISU in March, 1998, as directed under the 
     Emergency Supplemental Appropriations and Rescissions Act, 
     P.L. 104-19, October 17, 1995. Under this agreement, the 
     conference report stated ``that any future costs of operation 
     associated with that facility be provided by sources other 
     than the Federal government.''
       The conferees expect the Department to consult with the 
     Strategic Planning Task Force on the appropriateness of 
     establishing a human nutrition research center in preventive 
     nutrition, diet, and obesity.
       The conferees recognize the important research being done 
     at the ARS-Athens Russell Research Center on competitive 
     exclusion of enteritidis food safety pathogens and encourage 
     the Department to extend this important research to swine.


                        BUILDINGS AND FACILITIES

       The conference agreement provides $56,437,000 for 
     Agricultural Research Service, Buildings and Facilities 
     instead of $61,380,000 as proposed by the House and 
     $31,930,000 as proposed by the Senate.
       The following table reflects the conference agreement:

Arizona:
  Water Conservation and Western Cotton, Maricopa..............$500,000
California:
  Western Human Nutrition Laboratory, Davis...................6,150,000
Hawaii:
  U.S. Pacific Basin Agricultural Research Center.............4,500,000
Illinois:
  National Center for Agricultural Utilization, Peoria........8,200,000
Iowa:
  National Animal Disease Center, Ames........................2,957,000
Kansas:
  U.S. Grain Marketing Research Laboratory, Manhattan.........1,400,000
Louisiana:
  Southern Regional Research Center, New Orleans..............6,000,000
Maryland:
  National Agricultural Library, Beltsville...................1,200,000
  Beltsville Agricultural Research Center, Beltsville.........2,500,000
Mississippi:
  Biocontrol and Insect Rearing Laboratory, Stoneville..........200,000
Montana:
  Pest Quarantine/Integrated Pest Management Facility, Sidney.7,300,000
New Mexico:
  Jornada Range Research Station, Las Cruces..................6,700,000
New York:
  Plum Island Animal Disease Center, Greenport................3,500,000
Pennsylvania:
  Eastern Regional Research Center, Philadelphia..............3,300,000
Utah:
  Poisonous Plant Laboratory, Logan..............................30,000
West Virginia:
  National Center for Cool and Cold Water Aquaculture, Leetown2,000,000
                                                             __________
                                                             
    Total....................................................56,437,000

       The conference agreement provides $500,000 in additional 
     planning funds for the relocation and replacement of ARS 
     research laboratory from the Phoenix, Arizona location to the 
     Maricopa Agriculture Center. The conferees direct the agency 
     to further review and evaluate the size, capacity and costs 
     associated with replacing the existing research laboratory. 
     This effort is essential to determine the required scope and 
     the most cost-efficient facility required to meet the needs 
     of ARS water and cotton research. The conference agreement 
     provides $2,957,000 for the National Animal Disease Center 
     and expects the ARS to use $1,943,000 in available 
     unobligated funds to complete the project.
       The conference agreement does not include funding for the 
     avian disease laboratory in Michigan without any prejudice 
     toward the project.

      Cooperative State Research, Education, and Extension Service


                   RESEARCH AND EDUCATION ACTIVITIES

       The conference agreement provides $481,216,000 for research 
     and education activities instead of $431,125,000 as proposed 
     by the House and $432,982,000 as proposed by the Senate.

[[Page H11293]]

       The conference agreement reflects a 7% increase from the 
     fiscal year 1998 level for payments under the Hatch Act, 
     cooperative forestry research, payments to 1890 Colleges and 
     Universities, animal health and disease grants, and payments 
     to 1994 institutions; and an increase of $22,100,000 for the 
     National Research Initiative. The following table reflects 
     the conference agreement:


                   Research and Education Activities

                       [In thousands of dollars]

                                                   Conference agreement
Payments Under Hatch Act........................................180,545
Cooperative forestry research (McIntire-Stennis).................21,932
Payments to 1890 colleges and Tuskegee...........................29,676
  Special Research Grants (P.L. 89-106):
  Aegilops cylindricum (WA).........................................360
  Aflatoxin (IL)....................................................113
  Agriculture-based industrial lubricants (IA)......................250
  Agricultural diversification (HI).................................131
  Agricultural diversity/Red River Corridor (MN/ND).................250
  Agriculture water usage (GA)......................................300
  Alliance for food protection (NE, GA).............................300
  Alternative crops (ND)............................................550
  Alternative crops for arid lands (TX).............................100
  Alternative marine and fresh water species (MS)...................308
  Alternative salmon products (AK)..................................400
  Animal science food safety consortium (AR, IA, KS)..............1,521
  Apple fire blight (NY, MI)........................................500
  Aquaculture (LA)..................................................330
  Aquaculture (MS)..................................................592
  Aquaculture (VA)..................................................100
  Aquaculture product and marketing development (WV)................750
  Babcock Institute (WI)............................................400
  Binational agriculture research and development...................400
  Biodiesel research (MO)...........................................152
  Brucellosis vacinos (MT)..........................................150
  Center for animal health and productivity (PA)....................113
  Center for innovative food technology (OH)........................381
  Center for rural studies (VT).....................................200
  Chesapeake Bay agroecology (MD)...................................150
  Chesapeake Bay aquaculture........................................385
  Citrus tristeza...................................................500
  Competitiveness of agricultural products (WA).....................680
  Contagious equine metitis (KY)....................................250
  Cool season legume research (ID, WA)..............................329
  Cotton research (TX)..............................................200
  Cranberry/blueberry (MA)..........................................150
  Cranberry/blueberry disease & breeding (NJ, MA)...................220
  Dairy and meat goat research (TX)................................. 63
  Delta rural revitalization (MS)...................................148
  Designing foods for health (TX)...................................250
  Drought mitigation (NE)...........................................200
  Ecosystems (AL)...................................................500
  Environmental research (NY).......................................486
  Environmental risk factors/cancer (NY)............................100
  Expanded wheat pasture (OK).......................................285
  Farm and rural business finance (IL).............................. 87
  Feed barley for rangeland cattle (MT).............................600
  Floriculture (HI).................................................250
  Food and Agriculture Policy Institute (IA, MO)....................800
  Food irradiation (IA).............................................200
  Food marketing policy center (CT).................................400
  Food processing center (NE)....................................... 42
  Food quality (AK).................................................350
  Food safety.....................................................5,000
  Food safety (AL)..................................................300
  Food systems research group (WI)..................................225
  Forestry (AR).....................................................523
  Fruit and vegetable market analysis (AZ, MO)......................320
  Generic commodity promotion research and evaluation (NY)..........212
  Global change...................................................1,000
  Global marketing support service (AR).............................127
  Grain sorghum (KS)................................................106
  Grass seed cropping systems for a sustainable agriculture (WA, OR, 
    ID).............................................................423
  Human nutrition (IA)..............................................473
  Human nutrition (LA)..............................................752
  Human nutrition (NY)..............................................622
  Hydroponic tomato production (OH).................................200
  Illinois-Missouri Alliance for Biotechnology....................1,184
  Improved dairy management practices (PA)..........................296
  Improved fruit practices (MI).....................................445
  Infectious disease research (CO)..................................250
  Institute for Food Science and Engineering (AR).................1,250
  Integrated production systems (OK)................................180
  International agricultural market structures and institutions (KY)250
  International arid lands consortium...............................400
  Iowa biotechnology consortium...................................1,564
  Livestock and dairy policy (NY, TX)...............................475
  Lowbush blueberry research (ME)...................................220
  Maple research (VT)...............................................100
  Meadowfoam (OR)...................................................300
  Michigan biotechnology consortium.................................675
  Midwest advanced food manufacturing alliance......................423
  Midwest agricultural products (IA)................................592
  Milk safety (PA)..................................................250
  Minor use animal drugs (IR-4).....................................550
  Molluscan shellfish (OR)..........................................400
  Multi-commodity research (OR).....................................364
  Multi-cropping strategies for aquaculture (HI)....................127
  National biological impact assessment.............................254
  Nematode resistance genetic engineering (NM)......................127
  Non-food uses of agricultural products (NE)....................... 64
  Oil resources from desert plants (NM).............................175
  Organic waste utilization (NM)....................................100
  Pasture and forage research (UT)..................................225
  Peach tree short life (SC)........................................162
  Pest control alternatives (SC)....................................106
  Phytophthora root rot (NM)........................................127
  Plant, drought, and disease resistance gene cataloging (NM).......150
  Postharvest rice straws (CA)......................................300
  Potato research.................................................1,300
  Precision agriculture (KY)........................................500
  Precision agriculture (MS)......................................1,000
  Preharvest food safety (KS).......................................212
  Preservation and processing research (OK).........................226
  Rangeland ecosystems (NM).........................................200
  Regional barley gene mapping project..............................400
  Regionalized implications of farm programs (MO, TX)...............294
  Rice Modeling (AR)................................................296
  Rural devel. cntrs. (PA, IA (ND), MS, OR, LA).....................523
  Rural policies institute (NE, MO).................................644
  Russian wheat aphid (CO)..........................................200
  Seafood and aquaculture harvesting, processing and marketing (MS).305
  Small fruit research (OR, WA, ID).................................300
  Southwest consortium for plant genetics and water resources.......338
  Soybean cyst nematode (MO)........................................475
  STEEP III--water quality in Northwest.............................500
  Sustainable agriculture (MI)......................................445
  Sustainable agriculture and natural resources (PA)................ 95
  Sustainable agriculture systems (NE).............................. 59
  Sustainable beef supply (MT)......................................500
  Sustainable pest management for dryland wheat (MT)................400
  Swine waste management (NC).......................................500
  Tillage, silviculture, waste management (LA)......................212
  Tomato wilt virus (GA)............................................200
  Tropical and subtropical........................................2,724
  Turkey carnavirus (IN)............................................200
  Urban pests (GA).................................................. 64
  Vidalia onions (GA)...............................................100
  Viticulture consortium (NY, CA).................................1,000
  Water conservation (KS)........................................... 79
  Water quality...................................................3,461
  Weed control (ND).................................................423
  Wetland plants (LA)...............................................600
  Wheat genetic research (KS).......................................261
  Wood utilization research (OR, MS, NC, MN, ME, MI, ID, TN)......5,136
  Wool research (TX, MT, WY)........................................300
                                                             __________
                                                             
    Total, Special Research Grants...............................63,116
                                                               ==========
_______________________________________________________________________

  Improved pest control:
  Critical issues...................................................200
  Emerging pest and disease issues................................1,623
  Expert IPM decision support issues................................177
  Integrated pest management......................................2,731
  Pesticide clearance (IR-4)......................................8,990
  Pesticide impact assessment.....................................1,327
                                                             __________
                                                             
    Total, Improved pest control.................................15,048
                                                               ==========
_______________________________________________________________________

  Competitive research grants:
  Animal systems.................................................29,000
  Markets, trade and policy.......................................4,600
  Nutrition, food quality and health.............................16,000
  Natural resources and the environment..........................20,500
  Plant systems..................................................41,000
  Processes and new products......................................8,200
                                                             __________
                                                             
    Total, Competitive research grants..........................119,300
                                                               ==========
_______________________________________________________________________

Animal Health and Disease (Sec. 1433).............................5,109
Critical Agricultural Materials Act.................................600
Aquaculture Centers (Sec. 1475)...................................4,000
Alternative Crops...................................................750
Sustainable agriculture...........................................8,000
Capacity building grants..........................................9,200
Payments to the 1994 Institutions.................................1,552
Graduate fellowship grants........................................3,000
Institution challenge grants......................................4,350
Multicultural scholars program....................................1,000
Hispanic-serving institutions.....................................2,850
Secondary/2-year post-secondary.....................................500
Federal Administration:
Agriculture development in American Pacific.........................564
Agriculture waste utilization (WV)..................................250

[[Page H11294]]

Alternative fuels characterization laboratory (ND)..................218
Animal waste management (OK)........................................250
Center for Agricultural and Rural Development (IA)..................355
Center for North American Studies (TX).............................. 87
Data information system...........................................1,000
Geographic information system.......................................844
Mariculture (NC)....................................................250
Mississippi Valley State University.................................583
National Center for Peanut Competitiveness..........................300
Office of grants and program systems................................310
Pay costs and FERS (prior)........................................1,100
Peer panels.........................................................350
PM-10 study (CA, WA)................................................873
Shrimp aquaculture (AZ, HI, MS, MA, SC)...........................3,354
                                                             __________
                                                             
    Total, Federal Administration................................10,688
                                                               ==========
_______________________________________________________________________

    Total, Research and Education Activities....................481,216

        ]The conferees direct the USDA to consult with the Food 
     and Drug Administration regarding food safety research 
     objectives of that agency and recommend that $5,000,000 of 
     the funds provided for the food safety component of the 
     National Research Initiative be used to meet those needs.
       The conference agreement includes $523,000 for Rural 
     Development Centers, of which $100,000 is for a new center in 
     Louisiana. The conference agreement includes $750,000 for 
     alternative crops, of which $550,000 is for canola and 
     $200,000 is for hesperaloe. The conference agreement includes 
     $1,000,000 for the wood utilization special grant for the 
     establishment of two new centers in Idaho and Tennessee with 
     the remainder of the increase to be shared on a proportionate 
     basis by the existing centers.
       The conference agreement includes $5,000,000 for the 
     special grant for food safety as requested by the President 
     and an increase of $7,400,000 in the National Research 
     Initiative category for nutrition, food quality and health.

                          Extension Activities

       The conference agreement provides $437,987,000 for 
     extension activities instead of $416,789,000 as proposed by 
     the House and $432,181,000 as proposed by the Senate.
       The following table reflects the conference agreement:


                          Extension Activities

                       [In thousands of dollars]

                                                   Conference agreement
Smith Lever 3(b) & 3(c).........................................276,548
  Smith Lever: 3(d):
  Farm safety.....................................................3,000
  Food and nutrition education (EFNEP)...........................58,695
  Food safety.....................................................7,365
  Indian reservation agents.......................................1,714
  Pest management................................................10,783
  Pesticide impact assessment.....................................3,214
  Rural development centers.........................................908
  Sustainable agriculture.........................................3,309
  Water quality...................................................9,561
  Youth at risk...................................................9,000
1890's Colleges and Tuskegee.....................................25,843
1890's facilities grants..........................................8,426
Renewable Resources Extension Act.................................3,192
Rural health and safety education.................................2,628
Extension services at the 1994 institutions.......................2,060
                                                             __________
                                                             
    Subtotal....................................................426,246
                                                               ==========
_______________________________________________________________________

Federal Administration and special grants:
  Ag in the classroom...............................................208
  Beef producers' improvement (AR)..................................197
  Delta teachers academy..........................................3,500
  Diabetes detection, prevention (WA)...............................550
  Extension specialist (AR)......................................... 99
  Extension specialist (MS).........................................100
  General administration..........................................4,787
  Income enhancement demonstration (OH).............................246
  Integrated cow/calf resources management (IA).....................300
  National Center for Agriculture Safety (IA).......................195
  Pilot tech. transfer (OK, MS).....................................326
  Pilot tech. transfer (WI).........................................163
  Range improvement (NM)............................................197
  Rural development (NM)............................................280
  Rural development (OK)............................................150
  Rural rehabilitation (GA).........................................246
  Wood biomass as an alternative farm product (NY)..................197
                                                             __________
                                                             
    Total, Federal Administration................................11,741
                                                               ==========
_______________________________________________________________________

    Total, Extension Activities.................................437,987

       The conferees are concerned that funds for cooperative 
     agriculture extension services are being used to promote 
     Federal welfare programs. Such activities are appropriate 
     only to the extent that they fall within the traditional 
     educational role of extension for home economics and similar 
     missions.
       The conference agreement includes a 3% increase for the 
     formula grant programs as proposed by the Senate.
       The conference agreement has provided an increase for water 
     quality and expects the projects in North Dakota and Illinois 
     to compete for these funds.
       The conference agreement includes an increase of $500,000 
     for the Farm*A*Syst program, and an increase of $145,000 for 
     the AgrAbility project.

                   Marketing and Regulatory Programs

Office of the Assistant Secretary for Marketing and Regulatory Programs

       The conference agreement provides $618,000 for the Office 
     of the Assistant Secretary for Marketing and Regulatory 
     Programs as proposed by the Senate instead of $642,000 as 
     proposed by the House.

               Animal and Plant Health Inspection Service


                         SALARIES AND EXPENSES

       The conference agreement provides $425,803,000 for the 
     Animal and Plant Health Inspection Service (APHIS) instead of 
     $424,500,000 as proposed by the House and $419,473,000 as 
     proposed by the Senate.
       The following table reflects the conference agreement:

                       [In thousands of dollars]

                                                   Conference agreement
Pest and disease exclusion:

  Agricultural quarantine inspection.............................30,648
  User fees......................................................88,000
                                                             __________
                                                             
    Subtotal, Agricultural quarantine inspection................118,648
  Cattle ticks....................................................4,627
  Foot-and-mouth disease..........................................3,803
  Import-export inspection........................................6,815
  International programs..........................................6,630
  Fruit fly exclusion and detection..............................22,970
  Screwworm......................................................30,301
  Tropical bont tick................................................407
                                                             __________
                                                             
    Total, Pest and disease exclusion...........................194,201
                                                               ==========
_______________________________________________________________________

Plant and animal health monitoring:

  Animal health monitoring and surveillance......................63,389
  Animal and plant health regulatory enforcement..................5,855
  Pest detection..................................................6,426
                                                             __________
                                                             
    Total, Plant and animal health monitoring....................75,670
                                                               ==========
_______________________________________________________________________

Pest and disease management programs:

  Aquaculture.......................................................567
  Biocontrol......................................................8,160
  Boll weevil....................................................16,209
   Brucellosis eradication.......................................11,864
  Golden nematode...................................................435
  Gypsy moth......................................................4,366
  Imported fire ant...............................................1,000
  Miscellaneous plant diseases....................................1,410
  Noxious weeds.....................................................424
  Pink bollworm...................................................1,048
  Pseudorabies....................................................4,567
  Scrapie.........................................................2,991
  Silverleaf whitefly..................................................
  Tuberculosis....................................................4,920
  Wildlife services--operations..................................28,797
  Witchweed.......................................................1,506
                                                             __________
                                                             
    Total, Pest and disease management programs..................88,264
                                                               ==========
_______________________________________________________________________

Animal care:

  Animal welfare..................................................9,175
  Horse protection..................................................361
                                                             __________
                                                             
    Total, Animal care............................................9,536
                                                               ==========
_______________________________________________________________________

Scientific and technical services:

  Aviation safety.................................................1,200
  Biotechnology/environmental protection..........................7,393
  Integrated systems acquisition project..........................3,500
  International cooperative administrative service..................909
  Plant methods development laboratories..........................4,693
  Veterinary biologics...........................................10,345
  Veterinary diagnostics.........................................15,622
  Wildlife services--methods development.........................10,365
                                                             __________
                                                             
    Total, Scientific and technical services.....................54,027
                                                               ==========
_______________________________________________________________________

  Contingency fund................................................4,105
                                                               ==========
_______________________________________________________________________

    Total, Salaries and expenses................................425,803

       The conference agreement includes $909,000 for the 
     International Cooperative Administrative Support Service 
     Program.
       The conferees direct APHIS to conduct an analysis of the 
     existing Medfly exclusion and detection program in the State 
     of Florida and include in that analysis a review of various 
     potential alternatives, including the feasibility of 
     implementing a year-round sterile Medfly release program. 
     Specifically, the analysis should identify the scope, annual 
     cost, and method of implementation for such programs. APHIS 
     shall report its findings to both the House and Senate 
     Appropriations Committees no later than May 1, 1999.
       Infestations of red imported fire ants have been found in 
     Dona Ana County, New Mexico and, as a result, the county has 
     been quarantined. In order to properly survey and monitor the 
     remaining counties of New Mexico for red imported fire ants, 
     the conferees direct APHIS to provide the necessary financial 
     and technical assistance to the State of New Mexico to carry 
     out the necessary activities.
       The conferees request APHIS to grant a six-month extension 
     of the comment period for the proposed rule published in the 
     Federal

[[Page H11295]]

     Register on August 12, 1998, concerning importation of 
     grapefruits, lemons, and oranges from Argentina. Additional 
     time is needed to allow independent scientists to review the 
     scientific data submitted on behalf of Argentina's petition 
     and to review the risk mitigation measures advocated by 
     APHIS.
       The conferees direct the Department to publish rules 
     regarding the compensation of Arizona wheat producers, seed 
     companies, seed producers, and handlers for their economic 
     loss for the 1997-1998 crop due to Karnal bunt.
       The conferees direct the Department to work with the 
     Arizona wheat industry and Arizona regulatory agencies to 
     develop a plan for de-regulation of Karnal bunt in Arizona, 
     to be submitted to the Committees on Appropriations no later 
     than November 15, 1998, to allow for appropriate grower 
     decisions for planting wheat for 1999.
       The conferees direct APHIS to establish protocols 
     containing appropriate verification procedures including 
     permanent country of origin marking requirements for each 
     country or region requesting to export livestock into the 
     United States.
       The conference agreement adopts House report language 
     providing $1,500,000 for rabies control activities. The 
     Senate report provided $800,000 for specific states.
       The conference agreement adopts House report language 
     providing $450,000 for trap testing and related activities to 
     meet U.S. obligations under international standards. The 
     Senate report had no similar language. The conferees expect 
     the agency to work toward the development of more humane 
     trapping methods.
       The conference agreement adopts Senate report language 
     providing $300,000 for an assessment of the economic threat 
     from a newly-described contagious equine metritis-like 
     bacterium to the U.S. horse industry. The House report had no 
     similar provision.
       The conference agreement adopts Senate report language 
     providing $500,000 for operation of the bison quarantine 
     facility and all associated operations including the testing 
     of bison which have left Yellowstone National Park. The House 
     report had no similar provision.
       The conference agreement adopts Senate report language 
     providing $300,000 to establish and operate a Wildlife 
     Services office in Hawaii. The House report had no similar 
     provision.
       The conference agreement provides an increase of $175,000 
     to offset the impact of expanding wolf populations and the 
     reintroduction of wolves in the northern Rocky Mountains.
       The conference report adopts Senate report language 
     providing $400,000 to require the Secretary to prevent the 
     inadvertent introduction of brown tree snakes into Hawaii and 
     other states. The House had no similar language.
       The conferees urge the Secretary to delay the 
     implementation of regulations issued by the Animal and Plant 
     Health and Inspection Service (Fed. Reg. Vol. 63, No. 172, 
     September 4, 1998) entitled ``Swim with the Dolphin'' as 
     applied to wading programs. The managers expect the 
     Department to solicit input from affected parties and ensure 
     that the regulations will not impose unreasonable 
     requirements, economic hardship, or conflict with State laws.


                        BUILDINGS AND FACILITIES

       The conference agreement provides $7,700,000 for the Animal 
     and Plant Health Inspection Service, Buildings and 
     Facilities, instead of $5,200,000 as proposed by the House 
     and $4,200,000 as proposed by the Senate.
       The conference agreement includes $3,500,000 for completion 
     of a wing at the National Wildlife Research Center in Fort 
     Collins, CO.
       The conferees direct the agency to consider locations in 
     Montana and Iowa for construction of a large animal biosafety 
     level-3 containment facility.

                     Agricultural Marketing Service


                           MARKETING SERVICES

       The conference agreement provides $48,831,000 for the 
     Agricultural Marketing Service instead of $46,567,000 as 
     proposed by the House and $45,567,000 as proposed by the 
     Senate. The conferees expect that, of the funds available for 
     the National Organic Standards Program, amounts as may be 
     necessary shall be used to offset the initial costs of 
     accreditation services.
       El Nino and the Asian currency crisis have caused 
     significant problems to West Coast tuna fishermen. The USDA 
     should use its surplus removal authorities to assist with 
     this problem.


                 LIMITATION ON ADMINISTRATIVE EXPENSES

       The conference agreement provides $60,730,000 for the 
     Limitation on Administrative Expenses as proposed by the 
     House instead of $59,521,000 as proposed by the Senate.

        Grain Inspection, Packers and Stockyards Administration


                         SALARIES AND EXPENSES

       The conference agreement provides $26,787,000 for the Grain 
     Inspection, Packers and Stockyards Administration instead of 
     $27,542,000 as proposed by the House and $26,390,000 as 
     proposed by the Senate. Included in this amount is $2,500,000 
     as proposed by the Senate for restructuring the Packers and 
     Stockyards Administration and $397,000 as proposed by the 
     House for packer concentration and industry structure.

             Office of the Under Secretary for Food Safety

       The conference agreement provides $446,000 for the Office 
     of the Under Secretary for Food Safety as proposed by the 
     Senate. The House bill provided an unspecified amount of 
     funding for the Office of the Under Secretary from the Food 
     Safety and Inspection Service account.

                   Food Safety and Inspection Service

       The conference agreement provides $616,986,000 for the Food 
     Safety and Inspection Service as proposed by the House 
     instead of $605,149,000 as proposed by the Senate.
       The conference agreement includes the full amount requested 
     in the fiscal year 1999 budget for the Food Safety Initiative 
     and inspection costs.
       The conferees note that the report on ratites was not 
     delivered until six months after the requested submission 
     date and, although a cost-benefit analysis was requested, it 
     was not supplied. While citing significant potential health 
     risks and the existence of industry microbiological data, the 
     Department did not perform a risk assessment to quantify 
     public health benefits. The Department is directed to 
     resubmit the report with the cost-benefit analysis, as 
     requested, by December 31, 1998, or to provide the conferees 
     a detailed accounting of the projected cost and time required 
     to determine the merits and effectiveness of a mandatory 
     ratite inspection program.
       The conference agreement adopts language as proposed by the 
     House disagreeing with the Administration's proposal to waive 
     cost-sharing limitations for cooperative state inspection 
     programs. The Senate report had no similar provision.
       The conferees direct the Secretary of Agriculture to report 
     to the House and Senate Committees on Appropriations by March 
     1, 1999, recommendations on lifting the ban on the interstate 
     distribution of State inspected meat.

    Office of the Under Secretary for Farm and Foreign Agricultural 
                                Services

       The conference agreement provides $572,000 for the Office 
     of the Under Secretary for Farm and Foreign Agricultural 
     Services as proposed by the Senate instead of $597,000 as 
     proposed by the House.
       The conferees are concerned that the USDA is administering 
     the forfeiture penalty provisions of 7 U.S.C. 7272(g) in a 
     manner inconsistent with the intent of Congress. These 
     provisions were intended only to act as a disincentive to 
     program loan forfeitures. Unfortunately, as evidenced in the 
     fiscal year 1999 Budget Summary, the Department has 
     interpreted the provisions to have ``effectively reduced 
     sugar loan rates.'' The conferees direct the Secretary of 
     Agriculture to administer the program consistent with 
     Congressional intent, and to ensure that the forfeiture 
     penalty shall not for any purpose other than an actual loan 
     forfeiture resulting in the reduction of the statutory price 
     support loan levels for sugarcane (18 cents per pound of raw 
     cane sugar) or sugar beets (22.9 cents per pound of refined 
     beet sugar). In addition, the conferees direct that the 
     penalty shall not be considered in the calculation of any 
     sugar forfeiture price level by the Secretary or by any other 
     official responsible for the administration of the sugar 
     program under 7 U.S.C. 7272, the no-cost provision in section 
     902(a) of P.L. 99-198, and any related authorities.

                          Farm Service Agency


                         SALARIES AND EXPENSES

       The conference agreement provides $714,499,000 for salaries 
     and expenses of the Farm Service Agency instead of 
     $724,499,000 as proposed by the House and $710,842,000 as 
     proposed by the Senate. The conference agreement does not 
     include $10,000,000 as proposed by the House for the Common 
     Computing Environment.
       The conferees expect the Secretary, to the extent 
     practicable, to avoid the use of reductions-in-force or 
     furloughs for both Federal and non-Federal employees or any 
     county office closings.

           Agricultural Credit Insurance Fund Program Account

       The following table reflects the conference agreement:

Farm Ownership Loans:
  Direct..................................................($85,651,000)
  Subsidy....................................................12,822,000
  Guaranteed..............................................(425,031,000)
  Subsidy.....................................................6,758,000
Farm Operating Loans:
  Direct..................................................(500,000,000)
  Subsidy....................................................34,150,000
  Subsidized Guaranteed...................................(200,000,000)
  Subsidy....................................................17,480,000
  Unsubsidized Guaranteed.................................(948,276,000)
  Subsidy....................................................11,000,000
  Boll Weevil Eradication.................................(100,000,000)
  Subsidy.....................................................1,440,000
  Credit Sales of Acquired.............................................
  Property.............................................................
  Subsidy..............................................................

                Disaster Assistance/Reserve Inventories

       The conference agreement does not include $521,000,000 as 
     proposed by the Senate for disaster assistance and reserve 
     inventories. Disaster related problems are addressed in 
     Titles XI--XIII.

                         Risk Management Agency

       The conferees note that risk management tools are limited 
     for livestock producers. The conferees expect the Risk 
     Management Agency to provide a report to the appropriate 
     Committees of Congress on the feasibility of a crop insurance 
     program that

[[Page H11296]]

     livestock producers can utilize for forages and native 
     pasture.

                    TITLE II--CONSERVATION PROGRAMS

  Office of the Under Secretary for Natural Resources and Environment

       The conference agreement provides $693,000 for the Office 
     of the Under Secretary for Natural Resources and Environment 
     as proposed by the Senate instead of $719,000 as proposed by 
     the House.

                 Natural Resources Conservation Service


                        CONSERVATION OPERATIONS

       The conference agreement provides $641,243,000 for the 
     Natural Resources Conservation Service Conservation 
     Operations as proposed by the House instead of $638,664,000 
     as proposed by the Senate. Included in this amount is not 
     less than $5,990,000 for snow survey and water forecasting as 
     proposed by the House instead of $5,835,000 as proposed by 
     the Senate and not less than $9,025,000 for operation and 
     establishment of plant materials centers as proposed by the 
     Senate instead of $7,825,000 as proposed by the House.
       In addition to the items in the House and Senate reports 
     that are not changed by the conference agreement, funding is 
     included for the following items: $100,000 increase for 
     native plants on the Island of Kahoolawe in Hawaii; $300,000 
     increase for the Loess Hills Erosion Control in Iowa; 
     $300,000 for the Long Beach Water Management District Project 
     in Mississippi; $400,000 increase for the Delta Water 
     Resources Study in Mississippi; $500,000 for the Tri-Valley 
     watershed in Utah; $500,000 for the Great Lakes Basin Program 
     for Soil and Erosion Sediment Control; $100,000 increase for 
     the Potomac Ohio River Basin Soil Nutrient Project; $100,000 
     for the Trees Forever Program in Iowa; and $443,000 increase 
     for construction of the Plant Materials Center at Alderson, 
     West Virginia.
       The conferees do not agree with the Senate report language 
     citing problems that have arisen with the Wetlands Reserve 
     Program (WRP). However, the conferees concur with Senate 
     report language that encourages the USDA to structure the 
     terms of WRP contracts so that high priority is given to the 
     consideration of adjacent landowners, including but not 
     limited to the maintenance of watershed protection.
       The conferees encourage the agency to provide any technical 
     assistance for construction and repairs to the spillway and 
     roads for Lake Peltier at Salmen Scout Reservation, Hancock 
     County, Mississippi.

                     Watershed Surveys and Planning

       The conference agreement provides $10,368,000 for Watershed 
     Surveys and Planning instead of $9,545,000 as proposed by the 
     House and $11,190,000 as proposed by the Senate.

               Watershed and Flood Prevention Operations

       The conference agreement provides $99,443,000 for Watershed 
     and Flood Prevention Operations instead of $97,850,000 as 
     proposed by the House and $101,036,000 as proposed by the 
     Senate. The conference agreement includes House language 
     providing that not more than $47,000,000 shall be available 
     for technical assistance. The conference agreement includes 
     continued progress and assistance for the Chino Dairy 
     Preserve Project, San Bernardino County, CA.
       The conferees expect the NRCS to provide for corrective 
     action to the North Powder-Rock Creek South pipeline in the 
     Powder Valley Water Control District, OR, to prevent the 
     premature deterioration of the pipeline. The conferees note 
     that since the Powder Valley Water Control District cost-
     shared in the construction of the current pipeline the cost-
     share requirements shall not apply to the corrective action 
     necessary since the NRCS has admitted their design flaw.

                 Resource Conservation and Development

       The conference agreement provides $35,000,000 for the 
     Resource Conservation and Development program as proposed by 
     the House instead of $34,377,000 as proposed by the Senate. 
     The conferees expect the Department to present to the House 
     and Senate Appropriations Committees no later than March 1, 
     1999, options to fund new Resource Conservation and 
     Development districts, including a graduation component, 
     while considering program effectiveness, efficiency, and 
     necessary structural changes.

                      Forestry Incentives Program

       The conference agreement provides $6,325,000 for the 
     Forestry Incentives Program as proposed by the Senate. The 
     House bill provided no funds for this account.

      TITLE III--RURAL ECONOMIC AND COMMUNITY DEVELOPMENT PROGRAMS

          Office of the Under Secretary for Rural Development

       The conference agreement provides $588,000 for the Office 
     of the Under Secretary for Rural Development as proposed by 
     the Senate instead of $611,000 as proposed by the House.
       The conferees expect the Secretary, to the extent 
     practicable, to avoid the use of reductions-in-force and 
     furloughs in the rural development work force. The conferees 
     further expect that no reductions-in-force or furloughs will 
     take place unless the Secretary provides detailed 
     justifications for such actions to the House and Senate 
     Committees on Appropriations.
       The conferees note that it has become necessary in annual 
     appropriations bills to declare certain communities eligible 
     for rural development programs. This is because of anomalies 
     in the criteria for eligibility, such as population and 
     average income levels, that have made these communities 
     ineligible under a strict interpretation of regulations. The 
     conferees believe that there may not be sufficient 
     flexibility under current law and regulations to address this 
     problem. Therefore, the conferees direct the Department to 
     develop a plan that will address this situation including 
     changes in current law or regulation and present this plan to 
     the House and Senate Committees on Appropriations.
       The House and Senate reports recommend projects for 
     consideration under various rural development programs and 
     the conferees expect the Department to apply established 
     review procedures when considering applications.
       The conferees further expect the Department to give 
     consideration to business enterprise and housing preservation 
     projects in the city of Bayview, VA; applications for rural 
     business enterprise grants from TELACU, for a project in 
     Selma, CA; for assistance for a community improvement program 
     in Arkansas; water and sewer improvements for the City of 
     Vaughn, NM; the Shulerville/Honey Hill Water project, S.C.; 
     and a rural enterprise grant for Indian Hills Community 
     College, IA.
       The conferees direct the agency to exercise its authority 
     to consider the effects of economic circumstances and high 
     unemployment in calculating median household income for the 
     community of Wrangell, AK, for the purpose of determining 
     whether the community is eligible for loans and grants.
       The Department should consider a request, subject to normal 
     review procedures, from the Water Environment Research 
     Foundation for water quality research.
       The conferees are aware that the Territory of American 
     Samoa is currently in the grip of a severe, prolonged 
     drought, and that the island's water system is rapidly 
     becoming infiltrated by salt water and is unsafe for human 
     consumption. Even with aggressive water conservation and 
     service curtailment efforts, there will soon be insufficient 
     safe drinking water to sustain human needs in the Territory. 
     If assistance is not provided expeditiously, there is an 
     imminent threat that waterborne illnesses will reach epidemic 
     proportions which will severely overburden American Samoa's 
     limited health care facilities. The drought crisis poses an 
     immediate and rapidly escalating threat to human life in this 
     most remote part of American Territories.
       It has come to the attention of the conferees that the 
     American Samoa Power Authority (the Territory's water, 
     electric, and sanitary sewer utility) has applied to USDA for 
     assistance in obtaining and installing water filtration and 
     treatment equipment. This project would provide approximately 
     one million gallons per day of safe drinking water necessary 
     to sustain basic human needs and prevent life-threatening 
     illness.
       The conferees urge the Secretary to utilize creative and 
     flexible solutions under the existing water and sewer loan 
     and grants program, the community facilities loan and grants 
     program, and such other rural development programs as the 
     Secretary in his discretion may determine appropriate to meet 
     this critical need in American Samoa.

                           Rural Development


                  rural community advancement program

       The conference agreement provides $722,686,000 for the 
     Rural Community Advancement Program (RCAP) instead of 
     $702,601,000 as proposed by the Senate and $745,172,000 as 
     proposed by the House.
       The following table reflects the conference agreement:


                             RCAP accounts

Water/Sewer................................................$645,007,000
Community Facilities.........................................29,786,000
Business-Cooperative Development.............................47,893,000
                                                       ________________
                                                       
  Total.....................................................722,686,000
                                                       ================

Earmarks:
  Tech. Asst. (water/sewer)..................................16,215,000
  Circuit Rider...............................................5,300,000
  EZ/EC......................................................33,926,000
  Tech. Asst. (transportation)..................................500,000

       The conference agreement adopts House bill language that 
     does not include section 381O of the Consolidated Farm and 
     Rural Development Act (7 U.S.C. 2009f) from authorized 
     activities included in RCAP funding. The Senate bill had no 
     similar provision.
       The conference agreement does not include language in the 
     Senate report directing USDA to provide for rural venture 
     capital demonstration projects in Kentucky and Vermont. The 
     House report had no similar provision.
       The conference agreement also adopts Senate bill language 
     providing that funds not obligated for empowerment zones and 
     enterprise communities by June 30, 1999, will remain 
     available for other purposes under this heading. The House 
     bill had no similar provision.
       The conference agreement does not provide the requested 
     three percent earmark for Federally-recognized Indian tribes. 
     The conferees note that, according to USDA, Indian tribes now 
     receive approximately five percent of funding under the RCAP 
     and the conferees believe the three percent earmark would 
     arbitrarily restrict rural development benefits to the 
     tribes.

[[Page H11297]]

         The conferees expect the Department to use funds provided 
     for technical assistance for water and sewer projects to 
     maintain the number of circuit riders at the same level as 
     fiscal year 1998.
         The conferees have agreed to permanently increase the 
     authorization of funding for water and sewer projects 
     benefiting Alaska Natives under the Federal Agriculture 
     Improvement and Reform Act of 1996 from $15,000,000 to 
     $20,000,000 and to make the state match required under the 
     program consistent with the 25 percent requirement for the 
     Colonias. The conferees direct the Department, in awarding 
     grants to various regions of the country, to give priority 
     consideration to areas which lack flush toilets and running 
     water. It shall also give highest priority to areas without 
     modern sewage disposal systems, with open sewers, and high 
     rates of disease caused by poor sanitation.

                         Rural Housing Service


              RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

         The conference agreement provides a total subsidy of 
     $197,285,000 (providing for an estimated loan program level 
     of $4,251,717,000) for activities under the Rural Housing 
     Insurance Fund Program Account instead of $186,855,000 
     (providing for an estimated loan program level of 
     $4,235,601,000) as proposed by the House and $207,601,000 
     (providing for an estimated program level of $4,284,398,000) 
     as proposed by the Senate.
         The conference agreement provides $10,380,000 from the 
     total amount available for empowerment zones and enterprise 
     communities instead of $10,380,100 as proposed by the Senate. 
     The House bill had no similar provision.
         The following table reflects the conference agreement:

Rural Housing Insurance Fund Program Account:
                                                   Loan authorizations:
    Single family (sec. 502)..............................(965,313,000)
      Unsubsidized guaranteed...........................(3,000,000,000)
    Housing repair (sec. 504)..............................(25,001,000)
    Farm labor (sec. 514)..................................(20,000,000)
    Rental housing (sec. 515).............................(114,321,000)
    Multi-family housing guarantees (sec. 538)............(100,000,000)
    Site loans (sec. 524)...................................(5,152,000)
    Credit sales of acquired property......................(16,930,000)
    Self-help housing land development fund.................(5,000,000)
                                                       ________________
                                                       
      Total, Loan authorizations........................(4,251,717,000)
                                                       ================

                                                        Loan subsidies:
    Single family (sec. 502)................................114,100,000
      Unsubsidized guaranteed.................................2,700,000
    Housing repair (sec. 504).................................8,808,000
    Multi-family housing guarantees (sec. 538)................2,320,000
    Farm labor (sec. 514)....................................10,406,000
    Rental housing (sec. 515)................................55,160,000
    Site loans (sec. 524)........................................17,000
    Credit sales of acquired property.........................3,492,000
    Self-help housing land development fund.....................282,000
                                                       ________________
                                                       
      Total, Loan subsidies.................................197,285,000
                                                       ================

  RHIF administrative expenses (transfer to RHS)............360,785,000
                                                       ================

    Total, Rural Housing Insurance Fund...................1,141,467,000
    (Loan authorization)................................(4,251,717,000)

       The conferees direct that the Department give preference to 
     projects with the lowest interest rates in the section 538 
     program to ensure that the program serves tenants with low 
     incomes.
       The conferees recognize the importance of providing 
     assistance to the economically distressed areas of the Lower 
     Mississippi Delta. The conferees encourage the Secretary to 
     consider using the reprogramming authority provided in 
     section 724 of this Act to fund applications for Rural 
     Housing Service programs in those areas where there is a 
     shortage of affordable rental and home ownership 
     opportunities. One of the areas to be considered is West 
     Tallahatchie, MS, where there is a shortage of housing for 
     teachers.


                  mutual and self-help housing grants

       The conference agreement provides $1,000,000 from the total 
     amount available for Mutual and Self-Help Housing Grants for 
     empowerment zones and enterprise communities as proposed by 
     the Senate. The House bill had no similar provision.


                    rural housing assistance grants

       The conference agreement provides $41,000,000 for Rural 
     Housing Assistance Grants as proposed by the House instead of 
     $45,720,000 as proposed by the Senate.
       The conference agreement provides $1,200,000 from the total 
     amount available for empowerment zones and enterprise 
     communities as proposed by the House instead of $1,372,000 as 
     proposed by the Senate. The House bill had no similar 
     provision.


                         salaries and expenses

       The conference agreement provides $60,978,000 for salaries 
     and expenses as proposed by the Senate instead of $57,958,000 
     as proposed by the House. The conference agreement also 
     provides for a transfer of $360,785,000 from the Rural 
     Housing Insurance Fund as proposed by the Senate instead of 
     $354,785,000 as proposed by the House. The total provided for 
     Rural Housing Service salaries and expenses is $421,763,000 
     as proposed by the Senate instead of $412,743,000 as proposed 
     by the House.
       The conference agreement includes a provision that allows 
     the Administrator of the Rural Housing Service to spend not 
     more than $10,000 for non-monetary awards to non-employees of 
     the Department of Agriculture. The House bill had no similar 
     provision.

                   Rural Business-Cooperative Service


              rural development loan fund program account

       The conference agreement provides a total subsidy of 
     $16,615,000 (providing for an estimated loan program level of 
     $33,000,000) for the Rural Development Loan Fund Program 
     Account as proposed by the Senate instead of $17,622,000 
     (providing for an estimated loan program level of 
     $35,000,000) as proposed by the House.
       The conference agreement also provides from the total 
     amount available a subsidy of $3,215,520 (providing for an 
     estimated loan program level of $7,246,000) for empowerment 
     zones and enterprise communities as proposed by the Senate.
       The conference agreement also provides $3,482,000 for 
     administrative expenses as proposed by the Senate instead of 
     $3,499,000 as proposed by the House.
       The conference agreement adopts Senate language that 
     provides that funds not obligated for empowerment zones/
     enterprise communities by June 30, 1999, will remain 
     available for other authorized purposes. The House bill had 
     no similar provision.


            rural economic development loans program account

       The conference agreement rescinds $3,783,000 of funds 
     derived from interest on the cushion of credit payments 
     established in the Rural Electrification Act (7 U.S.C. 901) 
     and further provides $3,783,000 (providing for an estimated 
     loan program level of $15,000,000) for the cost of loans 
     under the Rural Economic Development Loans Program Account as 
     proposed by the House instead of $5,801,000 (providing for an 
     estimated loan program level of $23,000,000) as proposed by 
     the Senate.


                  rural cooperative development grants

       The conference agreement provides a total of $3,300,000 for 
     rural cooperative development grants as proposed by the House 
     instead of $3,000,000 as proposed by the Senate. Both House 
     and Senate bills provide $1,300,000 from the total amount 
     available for cooperative agreements for the Appropriate 
     Technology Transfer for Rural Areas Program. The conference 
     agreement also provides $250,000 for a cooperative 
     development program as proposed by the Senate.
       The conference agreement has not earmarked projects under 
     this title but the conferees expect the Department to give 
     consideration to the following projects requesting assistance 
     under the Rural Cooperative Development Grants program: 
     agricultural diversification, to be conducted by the 
     Jefferson Institute, MO; Silos and Smokestacks, IA; and the 
     Pennsylvania Cooperative Development Center. The conferees 
     expect the Department to use established review procedures in 
     considering these projects.


                         salaries and expenses

       The conference agreement provides a direct appropriation of 
     $25,680,000 for salaries and expenses of the Rural Business-
     Cooperative Service. The conference agreement further 
     provides for transfers of $3,482,000 to this account from the 
     Rural Development Loan Fund Program Account as proposed by 
     the Senate instead of $3,499,000 as proposed by the House.


  alternative agricultural research and commercialization corporation 
                             revolving fund

       The conference agreement provides $3,500,000 for the 
     Alternative Agricultural Research and Commercialization 
     Corporation Revolving Fund instead of $7,000,000 as proposed 
     by the Senate. The House bill provided no funding for this 
     account.

                        Rural Utilities Service


   rural electrification and telecommunications loans program account

       The conference agreement provides a total subsidy of 
     $43,319,000 (providing for an estimated loan program level of 
     $1,561,500,000) for activities under the Rural 
     Electrification and Telecommunications Loans Program Account 
     as proposed by the House instead of $43,184,000 (providing 
     for an estimated loan program level of $1,511,500,000) as 
     proposed by the Senate.
       The following table reflects the conference agreement:

Rural Electrification and Telecommunications Loans Program Account:
                                                   Loan authorizations:
    Direct loans:
      Electric 5%..........................................(71,500,000)

[[Page H11298]]

      Telecommuincations 5%................................(75,000,000)
                                                       ________________
                                                       
      Subtotal............................................(146,500,000)
                                                       ================

    Treasury rates: Telecommunications....................(300,000,000)
    Muni-rate: Electric...................................(295,000,000)
    FFB loans:
      Electric, regular...................................(700,000,000)
      Telecommunications..................................(120,000,000)
                                                       ________________
                                                       
      Subtotal............................................(820,000,000)
                                                       ________________
                                                       
       Total, Loan authorizations.......................(1,561,500,000)
                                                       ================

                                                        Loan subsidies:
    Direct loans:
      Electric 5%.............................................9,325,000
      Telecommunications 5%...................................7,342,000
                                                       ________________
                                                       
      Subtotal...............................................16,667,000
                                                       ================

    Treasury rates: Telecommunications..........................810,000
    Muni-rate: Electric......................................25,842,000
    FFB loans: Electric, regular.......................................
                                                       ________________
                                                       
    Total, Loan subsidies....................................43,319,000
  RETLP administrative expenses (transfer to RUS)............29,982,000
                                                       ________________
                                                       
  Total, Rural Electrification and Telecommunications Loans Program 
    Account..................................................73,301,000
    (Loan authorization)................................(1,561,500,000)

       By increasing the amount available for Federal Financing 
     Bank lending, it is the intent of the conferees that the 
     Rural Utilities Service will fully utilize the authorities of 
     section 306 of the Rural Electrification Act by issuing 
     guarantees to private sector lenders such as the Cooperative 
     Finance Corporation and other legally organized organizations 
     to ensure the financial needs of borrowers are met in a 
     timely and efficient manner.


                  rural telephone bank program account

       The conference agreement provides a total subsidy of 
     $4,174,000 (providing for an estimated loan program level of 
     $157,509,000) for the Rural Telephone Bank Program Account 
     instead of $4,638,000 (providing for an estimated loan 
     program level of $175,000,000) as proposed by the House and 
     $3,710,000 (providing for an estimated program level of 
     $140,000,000) as proposed by the Senate.


               distance learning and telemedicine program

       The conference agreement provides $12,680,000 for the 
     Distance Learning and Telemedicine Program as proposed by the 
     Senate instead of $10,180,000 as proposed by the House. The 
     conference agreement also provides that $12,500,000 of the 
     total amount shall be available for grants under this program 
     as proposed by the Senate instead of $10,000,000 as proposed 
     by the House. Both House and Senate bills provide a subsidy 
     of $180,000 from the total amount available, which provides 
     for an estimated loan level of $150,000,000.

                    TITLE IV--DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

       The conference agreement provides $554,000 for the Office 
     of the Under Secretary for Food, Nutrition and Consumer 
     Services as proposed by the Senate. The House bill provided 
     an unspecified amount of funding for the Office of the Under 
     Secretary from the Food Program Administration account.

                       Food and Nutrition Service


                        child nutrition programs

       The conference agreement provides a total of $9,176,897,000 
     for child nutrition programs instead of $9,218,647,000 as 
     proposed by the House and $9,219,897,000 as proposed by the 
     Senate. Included in this amount is an appropriated amount of 
     $4,128,747,000 and an amount transferred from section 32 of 
     $5,048,150,000.
       The conference agreement includes language as proposed by 
     the Senate providing that no funds are available for the 
     commodity procurement program unless the value of section 32 
     commodities and section 416 commodities are calculated in 
     meeting the minimum commodity assistance requirement of 
     section 6(g) of the School Lunch Act.
       The conference agreement provides the following:


                      Total Obligational Authority

Child Nutrition Programs:
  School lunch program...................................$5,384,452,000
  School breakfast program................................1,396,955,000
  Child and adult care food program.......................1,611,520,000
  Summer food service program...............................294,414,000
  Special milk program.......................................18,055,000
  State administrative expenses.............................118,074,000
  Commodity procurement and computer support................337,127,000
  School meals initiative....................................10,000,000
  Coordinated review effort...................................4,300,000
  Food safety education.......................................2,000,000
                                                       ________________
                                                       
  Total...................................................9,176,897,000

       The conference agreement provides $10,000,000 for the 
     school meals initiative. Included in this amount is 
     $4,000,000 for food service training grants to states, 
     $1,600,000 for technical assistance materials, $800,000 for 
     National Food Service Management Institute cooperative 
     agreements, $400,000 for print and electronic food service 
     resource systems, and $3,200,000 for other activities.


special supplemental nutrition program for women, infants, and children 
                                 (wic)

       The conference agreement provides $3,924,000,000 for the 
     Special Supplemental Nutrition Program for Women, Infants, 
     and Children (WIC) as proposed by the House instead of 
     $3,948,000,000 as proposed by the Senate. The conference 
     agreement includes bill language that directs USDA to 
     obligate $10,000,000 for the farmers' market nutrition 
     program within 45 days of enactment of this Act, and an 
     additional $5,000,000 for the farmers' market nutrition 
     program from any funds not needed to maintain current 
     caseload levels.
       The conferees direct that USDA reduce to 120 days the time 
     period in which states are required to report on monthly 
     obligation of funds as proposed by the House. The Senate had 
     no similar language.
       The conferees direct the Department to review the 
     methodology and data used to estimate participation and 
     funding levels for WIC and to report to the House and Senate 
     Committees on Appropriations its recommendations for 
     improvements no later than April 1, 1999, as proposed by the 
     House. The Senate had no similar language.
       The conferees address the need for a study on WIC cost 
     containment activity under the Economic Research Service.
       The conference agreement does not include bill language as 
     proposed by the House regarding the allocation of fiscal year 
     1998 recovered funds.
       The conference agreement includes bill language as proposed 
     by the House that state agencies required to procure infant 
     formula using a competitive bidding system award a contract 
     only to the bidder offering the lowest net price.


                           food stamp program

       The conference agreement provides $22,585,106,000 for the 
     Food Stamp Program instead of $22,591,806,000 as proposed by 
     the House and $23,781,806,000 as proposed by the Senate. 
     Included in this amount is a contingency reserve of 
     $100,000,000. Also included in this amount is $1,236,000,000 
     for nutrition assistance to Puerto Rico and $90,000,000 for 
     TEFAP commodity purchases.


                      commodity assistance program

       The conference agreement provides $131,000,000 for the 
     Commodity Assistance Program instead of $141,000,000 as 
     proposed by the House and Senate. Included in the amount is 
     $45,000,000 for administration of TEFAP. The conferees 
     provide that these funds may be used for administration or 
     food costs at the discretion of the states. The conferees 
     note that there is a $10,000,000 carryover from fiscal year 
     1998 in this account for the Commodity Supplemental Food 
     Program and have adjusted the appropriation accordingly.


                      food program administration

       The conference agreement provides $108,561,000 for Food 
     Program Administration instead of $108,311,000 as proposed by 
     the House and $109,069,000 as proposed by the Senate. 
     Included in this amount is $252,000 for publication of 
     Dietary Guidelines and $725,000 for program and financial 
     integrity advancement. The conference agreement includes 
     language that withholds $2,000,000 of this appropriation 
     until a final rule is promulgated to curb vendor-related 
     fraud in the WIC program as proposed by the House.
       The conferees understand USDA is reviewing the Dietary 
     Guidelines and should ensure that scientific messages on 
     dietary and nutritional behaviors are consistent among the 
     Dietary Guidelines, the Food Guide Pyramid, and any related 
     nutritional publications.
       The conferees direct that the funds transferred to this 
     account from the Economic Research Service be used for 
     programmatic studies and evaluations directly related to USDA 
     programs, and that any welfare reform studies, analyses, or 
     evaluations undertaken shall directly relate to USDA 
     programs.

            TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

         Foreign Agricultural Service and General Sales Manager

       The conference agreement includes a direct appropriation of 
     $136,203,000 instead of $131,295,000 as proposed by the House 
     and $131,795,000 as proposed by the Senate.
       The conference agreement adopts a Senate provision which 
     provides for the transfer of $3,231,000 from the Export Loan 
     Program and $1,035,000 from the P.L. 480 program account 
     under the P.L. 480 and Export Loan program accounts. The 
     House bill provided for these transfers under this heading.
       The conference agreement does not include a Senate 
     provision providing up to $2,000,000 solely for the purpose 
     of offsetting international exchange rate fluctuations. The 
     House bill had no similar provision. The conferees note that 
     the deletion of this provision does not indicate a judgment 
     on the merits of the request but reflects the fact that the 
     agency has not developed a plan for this activity as 
     requested in the fiscal year 1998 conference agreement. The 
     conferees expect such a plan to be submitted with the fiscal 
     year 2000 President's Budget.
       The amount provided includes $4,408,000 for the 
     International Cooperative Administrative Support Service 
     Program.

[[Page H11299]]

       Recent economic developments in Russia and other countries 
     have jeopardized export markets for many U.S. agricultural 
     products. The conferees direct the Secretary to utilize 
     existing authorities including, but not limited to, the 
     Export Enhancement Program, the Food for Progress Program, 
     P.L. 480, and GSM credit programs to facilitate additional 
     sales and donations to maintain and expand export markets.
       The conferees recognize that poultry has been one of the 
     primary components of exports to Russia in the past an the 
     Russia has comprised a major portion of the export market for 
     U.S. poultry products. The conferees expect the Secretary to 
     consider the historic composition of export sales to Russia 
     when allocating credits and donations.
       The conference agreement includes $128,000 of the total 
     provided for a representation allowance as proposed by the 
     Senate instead of $140,000 as proposed by the House. The 
     conferees also provide $3,500,000 for the Cochran Fellowship 
     Program.


               public law 480 program and grant accounts

       The following table reflects the conference agreement for 
     Public Law 480 Program Accounts:

Public Law 480 Program and Grant Accounts
                                                 Title I--Credit sales:
    Program level.........................................(219,724,000)
      Direct loans........................................(203,475,000)
      Ocean freight differential...........................(16,249,000)
                          Title II--Commodities for disposition abroad:
    Program level.........................................(837,000,000)
    Appropriation...........................................837,000,000
                                           Title III--Commodity grants:
    Program level..........................................(25,000,000)
    Appropriation............................................25,000,000
  Loan subsidies............................................176,596,000
                                                 Salaries and expenses:
    General Sales Manager (transfer to FAS)...................1,035,000
    Farm Service Agency (transfer to FSA).......................815,000
                                                       ________________
                                                       
      Subtotal................................................1,850,000
                                                       ________________
                                                       
                                                 Total, Public Law 480:
    Program level.......................................(1,081,724,000)
    Appropriation.........................................1,056,695,000

       The conferees are concerned that Agency for International 
     Development (AID) and Title II operational policies are not 
     fully meeting both statutory mandates and the program's 
     primary humanitarian objective of providing U.S. agricultural 
     products and commodities for feeding the needy worldwide. 
     While encouraged by recent aid commitments to increase 
     relief-type feeding programs, the conferees expect AID, to 
     the extent practicable, in utilizing the funds provided 
     herein, to ensure that the non-emergency programs, including 
     monetization programs, comply with the statutory requirement 
     that 75% of the commodities provided be in the form of highly 
     nutritious value-added agricultural commodities.

      TITLE VI--RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

                DEPARTMENT OF HEALTH AND HUMAN SERVICES

                      Food and Drug Administration


                         salaries and expenses

       The conference agreement includes a direct appropriation of 
     $1,103,140,000 for the salaries and expenses of the Food and 
     Drug Administration, instead of $998,340,000 as proposed by 
     the House and $1,062,642,000 as proposed by the Senate.
       The following table reflects the conference agreement:

Food Safety & Applied Nutrition............................$231,580,000
Human Drugs.................................................200,305,000
Biologics....................................................96,279,000
Animal Drugs and Feeds.......................................41,973,000
Devices & Radiological Products.............................145,736,000
National Center for Toxicological Research...................31,579,000
Tobacco......................................................34,000,000
Rent and related activities..................................25,855,000
Other activities.............................................80,694,000
Rental Payments to GSA.......................................82,866,000
                                                       ________________
                                                       
  Subtotal..................................................970,867,000
Prescription Drug User Fees \1\.............................132,273,000
                                                       ________________
                                                       
  Total...................................................1,103,140,000

\1\ Of the total $132,273,000 in PDUFA collections, $91,676,000 is for 
Human Drugs, $28,816,000 is for Biologics, $6,353,000 is for other 
activities, and $5,428,000 is for payments to the General Services 
Administration.

        The conference agreement includes an increase of 
     $2,500,000 for the Office of Cosmetics and Color; $500,000 to 
     begin development of a new approval process for food 
     packaging materials; $1,000,000 for the Office of Generic 
     Drugs; and $250,000 for the Office of Seafood Inspection. 
     Within the amount for the Office of Seafood Inspection 
     $200,000 is for a grant to the Interstate Shellfish 
     Sanitation Commission.
       The conference agreement includes an increase of 
     $25,000,000 for the Food Safety Initiative. The FDA should 
     use $24,500,000 for increased food inspection and $500,000 
     for research at the National Center for Toxicological 
     Research.
       The conferees expect the FDA to publish a proposed rule 
     concerning the use of foreign marketing data in the review of 
     new sunscreen active ingredients in the sunscreen over-the-
     counter drug monograph. The conferees expect the proposed 
     rule will be published not later than June 1, 1999.
       The conferees note that the Food and Drug Administration 
     will soon consider a citizen petition requesting approval of 
     disjunctive labeling for surimi. The conferees strongly urge 
     the agency to act in an expeditious manner to propose a rule 
     in response to the petition, but in no case shall the FDA 
     propose such a rule later than six months after the receipt 
     of the citizen petition, nor shall the agency finalize such a 
     rule later than twelve months after the receipt of the 
     citizen petition.
       Included within the amount is $700,000 for the Clinical 
     Pharmacology program. The conferees expect these funds to be 
     used for competitive grants.
       The conferees note that recent court decisions (Mova 
     Pharmaceutical Corp. v. Shalala, 104 F.3d 1061 (D.C. Cir. 
     1998); Granutec, Inc. v. Shalala, No. 97-1873 and No. 97-
     1874, 1998 U.S. App. LEXIS 6685 (4th Cir. Apr 3, 1998)) have 
     invalidated an element of the Food and Drug Administration's 
     regulations regarding the 180-day exclusivity period for 
     first applicants under section 505(j)(5)(B)(iv) of the 
     Federal Food, Drug, and Cosmetic Act. The conferees strongly 
     urge the FDA to use the funds provided to issue new 
     regulations and guidance for industry to fulfill the intent 
     of the Generic Drug Act (Waxman/Hatch) for the broadest 
     possible availability of generic drugs to consumers 
     consistent with the Act.


                        buildings and facilities

       The conference agreement provides $11,350,000 for Food and 
     Drug Administration Buildings and Facilities as proposed by 
     the House instead of $12,350,000 as proposed by the Senate.
       The conference agreement provides $3,000,000 for 
     construction of Phase III at the National Center for 
     Toxicological Research as proposed by the House instead of 
     $4,000,000 as proposed by the Senate. The conferees expect 
     these funds, in addition to any Phase II remaining balances, 
     to be sufficient to initiate Phase III construction.


                            rental payments

       The conference agreement provides $88,294,000 for FDA 
     rental costs in the salaries and expenses account as proposed 
     by the Senate. The House proposed these funds in a separate 
     account.

                          INDEPENDENT AGENCIES

                  Commodity Futures Trading Commission

       The conference agreement provides $61,000,000 for the 
     Commodity Futures Trading Commission as proposed by the 
     Senate instead of $62,140,000 as proposed by the House.

                       Farm Credit Administration


                 limitation of administrative expenses

       The conference agreement adopts the limitation of 
     $35,800,000 on the expenses of the Farm Credit Administration 
     as proposed by the House. The Senate bill had no limitation 
     on expenses.

                     TITLE VII--GENERAL PROVISIONS

       Senate Section 705.--The conference agreement includes 
     language (Section 705) proposed by the Senate to allow up to 
     $2,000,000 for costs associated with collocation of APHIS 
     regional offices to remain available until expended.
       House Section 710.--The conference agreement does not 
     include language proposed by the House that limits agencies' 
     reimbursement to General Services Administration for costs 
     for rental space.
       House Section 716 and Senate Section 715.--The conference 
     agreement includes language (Section 715) proposed by the 
     House that allows the Grain Inspection, Packers and 
     Stockyards Administration to use cooperative agreements to 
     carry out programs.
       Senate Section 716.--The conference agreement includes 
     language that allows the Natural Resources Conservation 
     Service to use contracts, grants or cooperative agreements 
     for goods or services.
       Senate Section 717 and House Section 718.--The conference 
     agreement includes language (Section 718) proposed by the 
     Senate that permanently prohibits funds of the Market Access 
     Program from being used to promote mink product exports.
       House Section 719 and Senate Section 718.--The conference 
     agreement includes language (Section 719) to allow up to 
     $1,800,000 for expenses of advisory committees, panels, 
     commissions, and task forces. The House bill recommended a 
     limit of $1,400,000 and the Senate bill recommended a limit 
     of $1,350,000.
       Senate Section 722.--The conference agreement includes 
     language (Section 723) to require the approval of the Chief 
     Information Officer for purchases of information technology 
     systems or upgrades by the Department of Agriculture. The 
     language also includes a provision to prohibit any transfers 
     of funds to the Office of the Chief Information Officer 
     without the prior approval of the Committees on Appropriation 
     of both Houses.
       House Section 724.--The conference agreement does not 
     include language relating to common support services. The 
     conferees concur that the Department has sufficient authority 
     to carry out such a program.
       Senate Section 724.--The conference agreement modifies 
     language (Section 727) to prohibit contract acreage payments 
     to a producer who plants wild rice on contract acreage unless 
     the contract payment is reduced

[[Page H11300]]

     by an acre for each contract acre planted to wild rice. The 
     agreement deletes the Senate provision that made this 
     permanent law.
       Senate Section 725.--The conference agreement includes 
     language (Section 728) that names the National Rice Germplasm 
     Evaluation and Enhancement Center the ``Dale Bumpers National 
     Rice Research Center.''
       Senate Section 726.--The conference agreement includes 
     language (Section 729) proposed by the Senate to allow the 
     Secretary of Agriculture to transfer, subject to 
     reprogramming requirements, up to $26,000,000 for authorized 
     programs to benefit the Lower Mississippi Delta Region. This 
     amount should include any and all funds provided to that 
     region as part of the total.
       House Section 725 and Senate Section 727.--The conference 
     agreement includes language (Section 725) to prohibit funding 
     for the Fund for Rural America.
       House Section 726.--The conference agreement does not 
     include language proposed by the House that prohibited 
     funding for the Wildlife Habitat Incentive Program.
       House Section 727.--The conference agreement includes 
     language (Section 726) proposed by the House that limits 
     funding for the Environmental Quality Incentives Program to 
     $174,000,000.
       House and Senate Section 728.--The conference agreement 
     includes language (Section 730) to limit acreage enrolled in 
     the Wetlands Reserve Program to 120,000 acres as proposed by 
     the Senate. The House proposed a limit of 130,000 acres.
       House and Senate Section 729.--The conference agreement 
     includes language (Section 731) to limit funding for The 
     Emergency Food Assistance Program to $90,000,000 as proposed 
     by the House instead of $80,000,000 as proposed by the 
     Senate.
       Senate Section 730 and House Section 739.--The conference 
     agreement includes language (Section 740) that prohibits 
     funding for the Conservation Farm Option Program as proposed 
     by both the House and Senate.
       House Section 730.--The conference agreement includes 
     language (Section 732) that prohibits funding for the 
     Initiative for Future Agricultural and Food Systems (P.L. 
     105-185) as proposed by the House.
       Senate Section 731.--The conference agreement includes 
     language (Section 743) proposed by the Senate that amended 
     Public Law 102-237 with regard to control of the brown tree 
     snake.
       House Section 731.--The conference agreement includes 
     language (Section 733) proposed by the House to make the City 
     of Big Spring, Texas eligible for rural housing programs.
       House Section 732.--The conference agreement includes 
     language (Section 734) that makes the municipality of 
     Carolina, Puerto Rico eligible for grants and loans 
     administered by the Rural Utilities Service.
       Senate Section 732.--The conference agreement includes 
     language (Section 744) as proposed by the Senate that makes 
     funds in this or any other Act available for financial and 
     technical assistance for the purpose of constructing the 
     Franklin County Lake Project, Mississippi.
       House Section 734 and Senate Section 736.--The conference 
     agreement includes language (Section 736) as proposed by the 
     House that does not allow funds from this Act to be used to 
     carry out any commodity purchase program that would prohibit 
     eligibility or participation by a farmer-owned cooperative.
       Senate Section 733.--The conference agreement includes 
     language (Section 745) that makes the cost share requirement 
     for Alaska water and wastewater loan and grants 25% and the 
     authorized level $20,000,000.
       Senate Section 735.--The conference agreement includes 
     language (Section 746) as proposed by the Senate that 
     prohibits the Food and Drug Administration from closing or 
     relocating the Division of Drug Analysis in St. Louis, MO.
       House Section 735.--The conference agreement includes 
     language (Section 737) as proposed by the House that amends 
     the technical definition of the word ``antibacterial'' in the 
     Federal Food, Drug, and Cosmetic Act.
       House Section 736.--The conference agreement includes 
     language (Section 738) as proposed by the House that 
     prohibits funds from being used to issue a final rule to 
     implement the amendments to the Federal milk marketing orders 
     as required by subsection (a) of the Agricultural Market 
     Transition Act other than during the period February 1, 1999 
     through April 4, 1999. The conference agreement also modifies 
     the House provision to include language clarifying marketing 
     order reform in the State of California.
       House Section 737 and Senate Section 738.--The conference 
     agreement does not include language proposed by both the 
     House and Senate related to sanctions for the sales of 
     agricultural products. A similar provision has been enacted 
     into law.
       Senate Section 737.--The conference agreement includes 
     language (Section 747) proposed by the Senate which requires 
     the Secretary of Agriculture to inspect and certify 
     agricultural processing equipment and to impose a fee for the 
     inspection and certification in a manner that is similar to 
     the inspection and certification of agricultural products 
     under the Agricultural Marketing Act of 1946.
       House Section 738.--The conference agreement includes 
     language (Section 739) which requires that when the Secretary 
     of Agriculture announces the basic formula price for milk, 
     the Secretary shall include in the announcement an estimate 
     of the costs incurred by milk producers to produce milk in 
     the different regions of the United States.
       Senate Section 739.--The conference agreement includes 
     language (Section 748) as proposed by the Senate to prohibit 
     funds from being used to require a producer to pay an 
     administrative fee of 10 per cent for catastrophic insurance 
     protection. The language also makes the provision permanent 
     law.
       House Section 740 and Senate Section 761.--The conference 
     agreement includes bill language (Section 741) that waives 
     the statute of limitations on non-employment complaints of 
     discrimination in certain programs of the Department of 
     Agriculture.
       Senate Section 741.--The conference agreement includes 
     language (Section 749) as proposed by the Senate that 
     mandates the indefinite continuation of a personnel 
     management demonstration project.
       House Section 741.--The conference agreement does not 
     include language as proposed by the House that provides that 
     the Secretary may not deny certain guarantees in housing on 
     the basis that the interest on the loan for which the 
     guarantee is sought is exempt from inclusion in gross income 
     for purposes of Chapter 1 of the Internal Revenue Code of 
     1986. This provision has been authorized in other 
     legislation.
       Senate Section 742.--The conference agreement does not 
     include language proposed by the Senate that extends the 
     authorization of certain provisions of the Housing Act of 
     1949. These provisions have been authorized in other 
     legislation. The conference agreement provides language 
     (Section 750) making foreign national employees of the 
     Foreign Agricultural Service, killed or injured in the 
     bombings of the U.S. embassies in Kenya and Tanzania, 
     eligible for certain types of compensation.
       Section 742.--The conference agreement includes language 
     that makes the Secretary of Agriculture liable for 
     compensatory damages to farmers who are found to have been 
     discriminated against under any farm loan program or activity 
     conducted by the USDA in violation of section 504 of the 
     Rehabilitation Act of 1973.
       House Section 742.--The conference agreement does not 
     include language to prohibit the Food and Drug Administration 
     from using funds for the testing, development, or approval of 
     any drug for the chemical inducement of abortion.
       Senate Section 743.--The conference agreement does not 
     include bill language as proposed by the Senate requiring a 
     review of methyl bromide alternatives research. The House 
     bill had no similar provision. The conferees expect the 
     Agricultural Research Service to conduct a review of the 
     methyl bromide alternatives research conducted by the 
     Department. The review should include: (1) the total amount 
     of funds expended by the Department for methyl bromide 
     alternatives research for each fiscal year 1990 to 1997 and 
     estimates for fiscal years 1998 and 1999, including a 
     description of how funds are distributed and utilized; (2) 
     descriptions of plot and field scale testing of methyl 
     bromide alternatives conducted in fiscal years 1990 through 
     1998, including: (a) total amount of funds expended for plot 
     and field scale testing; and (b) the results of the testing 
     and the impact of the results on future research; and (3) a 
     description of the variables that impact the effectiveness of 
     methyl bromide alternatives and the Department's strategy for 
     addressing them.
       The conferees expect the Department to submit a report 
     describing the results of its review to the appropriate 
     committees of both Houses of Congress not later than 180 days 
     after enactment of this Act.
       Senate Section 744.--The conference agreement does not 
     include language proposed by the Senate regarding the need to 
     provide drought relief in Texas. The conference agreement 
     includes language related to all agriculture disasters in 
     Titles XI--XIII.
       Senate Section 745.--The conference agreement includes 
     language (Section 751) proposed by the Senate that amends the 
     1985 farm bill to exempt 30-year easements from payment 
     limitations for the Wetlands Reserve Program.
       Senate Section 746.--The conference agreement includes 
     language (Section 752) proposed by the Senate that acceptance 
     of Wetlands Reserve Program bids may be in proportion to 
     landowner interest expressed in program operations.
       Senate Section 748.--The conference agreement includes 
     language (Section 754) proposed by the Senate that prohibits 
     funds from being used to prepare a budget submission to 
     Congress that assumes reductions from the previous year's 
     budget due to user fee proposals unless the submission also 
     identifies spending reductions which should occur if the user 
     fees are not enacted.
       Senate Sections 747 and 752.--The conference agreement 
     includes language (Section 753) that makes several technical 
     corrections to the Agriculture Research, Extension, and 
     Education Reform Act.
       Senate Section 749.--The conference agreement does not 
     include language to establish a pilot program to permit 
     haying and grazing on conservation reserve land.
       Senate Section 750.--The conference agreement includes 
     language proposed by the Senate (Section 755) that amends the 
     Agricultural Marketing Act of 1946 regarding shipment of 
     shell eggs and mandates a report on egg safety and 
     repackaging.
       Senate Section 751.--The conference agreement does not 
     include the sense of the Senate provision regarding economic 
     hardships faced by agricultural producers and rural

[[Page H11301]]

     communities. The conference agreement includes language 
     related to agriculture disasters in Titles XI--XIII.
       Senate Section 753.--The conference agreement does not 
     include language proposed by the Senate that exempts food, 
     other agricultural products, medicines and medical equipment 
     from export control sanctions except where the country 
     repeatedly provided support for the acts of terrorism.
       Senate Section 754.--The conference agreement does not 
     include language proposed by the Senate regarding mandatory 
     price reporting. Mandatory price reporting language is 
     included in section 1127 of title XI of this Act.
       The conferees direct the Secretary of Agriculture to take 
     steps to increase the voluntary reporting of fed cattle, and 
     wholesale beef carcass prices and volumes on a quality and 
     yield grade basis, as well as the prices and volumes of boxed 
     beef (on carcass equivalent basis) sales by quality grades 
     and trim categories, on a daily basis. These reports may 
     include all domestic and international forward sales for 
     delivery period currently reported, prices for branded 
     products, sales delivered as priced basis to a futures 
     contract, sales of less than carlot volume and formulated 
     sales. The Secretary shall encourage the reporting of the 
     price differential for USDA Prime, the upper \2/3\ of USDA 
     Choice, and a sub-select price category. Reports should 
     include imported beef products and livestock.
       With regard to lamb, the conferees direct the Secretary of 
     Agriculture to expand current voluntary reporting of live 
     lamb and wholesale lamb carcass prices and volumes on a yield 
     grade basis, as well as the prices and volumes of boxed lamb 
     and other fabricated lamb cut sales. Price should be reported 
     on a weekly basis, for the period currently reported, and 
     should include prices for certified and branded products, 
     sales of less than carlot volume and formulated sales. 
     Reports should include imported lamb products.
       The Secretary of Agriculture shall compile and publish 
     price, volume sales, and the shipment information regarding 
     all exports and imports of beef, veal, lamb and products 
     thereof which is collected via the expanded voluntary 
     process. The livestock, carcass, boxed product, primal, sub-
     primal and other meat cut descriptions currently being used 
     by AMS Market News Service should serve as a basis for 
     describing and reporting imported and exported products for 
     price and volume purposes. The Secretary shall also 
     standardize AMS price reporting data collection activities to 
     ensure uniformity and complete sales data capture and to 
     maximize the information available to all aspects of the 
     industry. The Secretary shall report to Congress on the 
     feasibility or need for mandatory price reporting. The 
     Secretary shall encourage the information to be reported not 
     later than one week after the end of the week during which 
     exports occurred consistent with the advanced notice of rule-
     making published by USDA during 1997.
       Senate Section 755.--The conference agreement does not 
     include language related to metered dose inhalers. The House 
     bill had no similar provision. The conferees note the 
     Senate's interest in a transition from the use of 
     chlorofluorocarbons (CFCs) in metered-dose inhalers (MDIs) to 
     less environmentally damaging substances, as required by 
     international treaty. The use of CFCs has been shown to be 
     harmful to the atmospheric ozone layer, which protects humans 
     from skin cancer, although the magnitude of the environmental 
     impact of the amount of CFCs used in MDIs is unclear. 
     Metered-dose inhalers, which contain CFCs as propellants, are 
     used primarily for the treatment of asthma and other chronic 
     pulmonary disorders. Asthma and pulmonary patients and 
     physicians rightfully believe that the Food and Drug 
     Administration (FDA) must consider their concerns, as well as 
     the need to have a range of suitable substitutes in place 
     before current products are withdrawn from the market, as the 
     agency moves forward with a proposal to manage the transition 
     from CFC to non-CFC products. At the same time, clear and 
     timely guidance about a transition process is needed by both 
     patients and caregivers. Therefore, the conferees direct FDA 
     to devote the resources necessary to ensure that a proposed 
     rule is issued no later than September 1, 1999.
       Senate Section 756.--The conference agreement does not 
     include language proposed by the Senate directing the 
     Secretary, in consultation with the Comptroller General, to 
     submit a report on the Market Access Program (MAP) to the 
     appropriate committees of Congress not later than 180 days 
     after enactment of this Act.
       The conferees direct the Secretary to produce a report on 
     the MAP which should include an analysis of the costs and 
     benefits of the program for compliance with OMB circular A-
     94; estimate the impact of MAP on the agricultural sector, on 
     consumers, and other sectors of the economy in the United 
     States; assess the relation between the priorities and 
     spending levels of programs carried out under MAP and the 
     privately funded market promotion activities undertaken by 
     participants in the programs; and evaluate the additional 
     spending of participants and the amount of export 
     additionally resulting from the MAP.
       Senate Section 757.--The conference agreement does not 
     include Sense of the Senate language regarding the economic 
     effect of low commodity prices. The conference agreement 
     includes language regarding agricultural disasters in Titles 
     XI-XIII.
       Senate Section 758.--The conference agreement does not 
     include language as proposed by the Senate that amends the 
     law regarding reserve inventories. The conference agreement 
     includes language relating to agricultural disasters in 
     Titles XI-XIII.
       Senate Section 759.--The conference agreement does not 
     include language proposed by the Senate that provided for an 
     assessment on tobacco programs and reductions in several 
     Department of Agriculture programs and increased funding for 
     food safety related activities.
       Senate Section 760.--The conference agreement (Section 756) 
     modifies Senate Section 760 and reduces the spending cap on 
     computer-related activities funding through the CCC.
       Senate Section 762.--The conference agreement does not 
     include language proposed by the Senate to amend the Census 
     of Agriculture Act of 1997. This issue is addressed under the 
     National Agricultural Statistics Service.
       Senate Section 763.--The conference agreement includes 
     language (Section 757) as proposed by the Senate that makes 
     certain owners of trees with fire blight eligible for 
     disaster assistance.
       Senate Section 764.--The conference agreement does not 
     include language as proposed by the Senate that requires the 
     Secretary of Agriculture to make assistance and information 
     available to the Commission on 21st Century Production 
     Agriculture. The conferees expect the Secretary to assist and 
     cooperate as necessary with the Commission.
       Senate Section 765.--The conference agreement does not 
     include bill language requiring country of origin labeling 
     for fresh produce.
       The conferees direct the General Accounting Office (GAO) to 
     conduct a comprehensive study on the potential effects of 
     mandatory country of origin labeling of fresh produce. This 
     report should assess the impact of such mandatory labeling 
     requirements on importers, producers, consumers, and 
     retailers, including a cost/benefit analysis. The report 
     should identify U.S. trading-partner countries which 
     currently have country of origin practices in place, the 
     nature and scope of such practices, and a record of U.S. 
     challenges to those requirements. The GAO report should also 
     address the ability of the Federal government and the public 
     to respond to warnings about the outbreak of food-borne 
     illness arising from imported produce. The final report 
     should be submitted to the Congress no later than six months 
     after the enactment of this Act.
       Senate Section 766.--The conference agreement does not 
     include the Sense of the Senate provision that certain 
     programs in the bill receive additional funding in the event 
     that additional allocation becomes available.
       Senate Section 767.--The conference agreement does not 
     include a provision requiring creation of a new Office of the 
     Small Farms Advocate as provided in the Senate bill. The 
     conferees believe that better management of existing programs 
     within the Department, generally, would result in a more 
     efficient and effective use of limited resources as they 
     apply to small farms and other considerations. Accordingly, 
     the conferees urge the Secretary to coordinate activities and 
     to encourage policy considerations within existing programs 
     of the Department that promote the needs of small farm 
     operators and that may help reverse the unwarranted decline 
     in small farm operations.
       Senate Section 768.--The conference agreement does not 
     include Senate language addressing the inadvertent planting 
     of ineligible beans. The conferees are aware that there may 
     be instances in which producers, in good faith or in reliance 
     on information provided by agricultural consultants, 
     inadvertently planted crops in violation of section 118 of 
     the Federal Agriculture Improvement and Reform Act of 1996 
     (FAIR). The FAIR Act encouraged producers to exercise 
     planting flexibility in order to adapt to new markets and to 
     promote sound conservation and agronomic practices. 
     Accordingly, the Secretary is urged to exercise reasonable 
     treatment of producers in order to avoid harmful 
     consequences.
       Senate Section 769.--The conference agreement does not 
     include language as proposed by the Senate that requires a 
     report to Congress on a recommendation to lift the ban on 
     interstate distribution of state inspected meat. The 
     conferees direct the Secretary of Agriculture to report to 
     the House and Senate Committees on Appropriations by March 
     1, 1999, with recommendations on lifting the ban on the 
     interstate distribution of State-inspected meat.
       Senate Section 770.--The conference agreement includes 
     language under Title VIII regarding loans to borrowers who 
     have received debt forgiveness.
       Senate Section 771.--The conference agreement does not 
     include language related to the definition of family farm.
       Senate Section 772.--The conference agreement includes 
     language under Title VIII regarding the basis for denial of 
     loans.
       Senate Section 773.--The conference agreement does not 
     include language as proposed by the Senate that amends the 
     Federal Food, Drug, and Cosmetic Act regarding medical drug 
     and device recalls.
       Section 759.--The conference agreement includes language 
     proposed by the House to make the city of Vineland, New 
     Jersey eligible for programs administered by the Rural 
     Housing Service and the Rural Business-Cooperative Service.

[[Page H11302]]

       Section 760.--The conferees include language that places a 
     moratorium on the rule-making authority of the Commodity 
     Futures Trading Commission (CFTC) over swaps and derivatives 
     until March 30, 1999. The conferees do not intend to preclude 
     the CFTC's participation in the President's Working Group on 
     Financial Markets. Further, the conferees do not intend to 
     preclude the Commission from taking action pursuant to any 
     determination by the President's Working Group on Financial 
     Markets regarding regulatory restraints with respect to 
     qualifying hybrid instruments and swap agreements.
       In light of recent market events, including the need for 
     financial rescue measures to avert the collapse of a large 
     hedge fund, the conferees strongly urge the President's 
     Working Group on Financial Markets to undertake an immediate 
     review and study of over-the-counter transactions of entities 
     such as hedge funds and their relationships with their 
     creditors. This provision would not interfere with the 
     Commission's ability to take action in furtherance of any 
     determination by the President's Working Group.
       Section 761.--The conference agreement includes language 
     providing a limitation on the use of funds to carry out 
     section 612 of Public Law 105-185.
       Section 762.--The conference agreement includes language 
     amending section 136 of the Agricultural Market Transition 
     Act (7 U.S.C. 7236) by striking ``1.25 cents'' each place it 
     appears in subsection (a) and (b) and inserting ``3 cents''.
       Section 763.--The conference agreement includes language 
     regarding the distribution of funds made available by section 
     1124 of subtitle C of Title XI of this Act.
       Section 764.--The conference agreement includes language 
     regarding methyl bromide.
       Section 765.--The conference agreement includes language 
     that allows permanent employees of the Farm Service Agency 
     county committees employed in fiscal year 1998 to apply for 
     Department of Agriculture civil service vacancies.
       Section 766.--The conference agreement provides not to 
     exceed $15,000,000 for grants in connection with a second 
     round for rural empowerment zone and rural enterprise 
     community program designations.

                    TITLE VIII--AGRICULTURAL CREDIT

       The conference agreement includes several changes to 
     agricultural credit laws including eligibility for emergency 
     loans, notification of ineligibility for loans, training 
     requirement exemptions, limitations on amount of farm loans, 
     and cash flow requirements.

                  TITLE IX--INDIA-PAKISTAN RELIEF ACT

       The conference agreement adopts Senate language (Title IX) 
     allowing waivers of certain export control laws for India and 
     Pakistan.

                            (SENATE TITLE X)

       The conference agreement does not include language proposed 
     by the Senate requiring meat labeling.
       The conferees direct the Secretary to conduct a 
     comprehensive study on the potential effects of mandatory 
     country of origin labeling of imported fresh muscle cuts of 
     beef and lamb. The report shall include the impact of such 
     requirements on imports, exports, livestock producers, 
     consumers, processors, packers, distributors and grocers. The 
     report shall also include, but is not limited to, the 
     following: any additional costs to the Federal government 
     which would be incurred as a result of mandatory country of 
     origin labeling of imported fresh muscle cuts of beef and 
     lamb; the projected costs for beef and lamb distributors, 
     retailers or consumers; any projected gains that may result 
     from country of origin labeling of imported fresh muscle cuts 
     of beef and lamb; and any empirical evidence of benefit or 
     harm, to producers, processors, distributors, retailers or 
     consumers produced by similar labeling programs in other 
     countries. The report shall be submitted to Congress no later 
     than 6 months after the enactment of this Act and shall 
     contain a detailed statement of the findings and conclusions 
     of the Secretary, together with his recommendations for such 
     legislation and administrative actions as he considers 
     appropriate.
       The study may also consider the economic effects of 
     exempting imported beef and lamb, including meat produced 
     from animals imported directly for slaughter in sealed trucks 
     and containers, from eligibility for USDA quality grades. The 
     Secretary is directed to differentiate ``meat produced from 
     animals in sealed trucks and containers directly for 
     slaughter'' from ``U.S. production'' in all market reports.

 TITLE X--UNDER SECRETARY OF AGRICULTURE FOR MARKETING AND REGULATORY 
                                PROGRAMS

       The conferees have included bill language that gives the 
     Secretary of Agriculture the authority to create an Under 
     Secretary for Marketing and Regulatory Programs position at 
     USDA.

             TITLE XI--EMERGENCY AND MARKET LOSS ASSISTANCE

       The conference agreement includes funding to provide 
     assistance to agricultural producers who have suffered 
     financial hardship due to adverse weather conditions and loss 
     of markets.
       The conference agreement provides $1,500,000,000 in 
     assistance directed to producers who have incurred losses in 
     the 1998 crop due to disaster. An additional $875,000,000 is 
     provided to make available assistance to producers who have 
     incurred multiyear losses in the period to include 1998 and 
     preceding crop years. The Secretary may make assistance 
     available for crop losses due to losses in quantity, quality 
     or severe economic losses due to damaging weather or related 
     conditions.
         The conference agreement requires that producers 
     receiving crop loss assistance who have not purchased crop 
     insurance for the 1998 crop shall agree to purchase crop 
     insurance for the 1999 and 2000 crops produced by the 
     producers.
         The conference agreement makes available $200,000,000 to 
     provide livestock feed assistance to livestock producers 
     affected by disasters during calendar year 1998.
         The conferees have granted the Secretary broad authority 
     to create and implement a crop loss assistance program with 
     the funds made available. This will allow the Secretary to 
     complete an assessment of 1998 crop losses and provide the 
     maximum flexibility to expedite the delivery of assistance.
         The conference agreement provides $3,057,000,000 to 
     partially compensate producers for loss of markets in 1998 
     due to circumstances beyond their control, such as regional 
     economic dislocation, unilateral trade sanctions and failure 
     of the government to pursue trade opportunities aggressively. 
     Payments shall be proportional to the amount of the 
     production flexibility contract payment made to producers in 
     fiscal year 1998.

                          TITLE XII--BIODIESEL

       The conference agreement includes language that creates a 
     biodiesel program. The Senate bill included similar language.

                  TITLE XIII--EMERGENCY APPROPRIATIONS

       The conference agreement includes additional funding for 
     emergency related costs including $40,000,000 for salaries 
     and expenses for the Farm Service Agency, to carry out Title 
     XI of this Act, $31,405,000 for subsidy costs for additional 
     operating loans for a total loan amount of $540,510,000, 
     $3,000,000 for the Dairy Production Disaster Assistance 
     Program and $10,000,000 for the Forestry Incentives Program.
       The conference agreement makes available $200,000.000 to 
     dairy producers in a manner to be determined by the Secretary 
     of Agriculture.
       Any market loss payments made under authority of this 
     legislation shall not be treated as a contract (AMTA) payment 
     for purposes of section 115 of Title I of the Federal 
     Agriculture Improvement and Reform Act of 1996 or section 
     1001, paragraphs (1) through (4), of the Food Security Act of 
     1985.
       To ensure timely delivery of market loss payments to 
     eligible producers and owners, the conferees urge the 
     Secretary to make the payments available under the same terms 
     and conditions as 1998 contract payments provided these 
     payments are excluded from the provisions of section 115 of 
     title I of the Federal Agriculture Improvement and Reform Act 
     of 1996 and section 1001, paragraphs (1) and (4), as amended, 
     of the Food Security Act of 1985. It should not be necessary 
     to require eligible owners and operators to file new 
     contracts or redesignate shares in order to receive market 
     loss payments.
         The agreement includes $50,000,000 for emergency disaster 
     assistance to persons or entities who have incurred losses 
     from a failure under section 312(a) of P.L. 94-265, 
     $5,000,000 for cotton warehouse losses, temporary recourse 
     loans for honey and mohair, and adjustments to crop insurance 
     for raisin producers. The conference agreement includes 
     language providing additional funds for the Food for Progress 
     program.
         The conferees direct the Farm Service Agency to take into 
     consideration the history of flooding in a watershed in 
     determining emergency conservation program eligibility in 
     Vermont.
         The conferees expect the Secretary of Agriculture to 
     extend for two years the time period that a participant in 
     the Conservation Reserve Program (CRP) has for completion of 
     pruning, thinning, and stand improvement of trees on lands 
     subject to a contract under CRP. Such pruning, thinning, or 
     stand improvement activities are otherwise required to be 
     completed under the contract in 1998 or 1999.
         The conferees expect the Secretary of Agriculture to 
     provide guaranteed loans for purposes of installing 
     irrigation systems if a farmer operates a farm within an area 
     that has been declared an agricultural disaster due to 
     drought conditions.
         The conferees understand that in addition to the 
     devastating forest fires that occurred in Florida earlier 
     this year, the drought in Texas has also had a significant 
     impact on timber production and forest health. The conferees 
     also understand that it may take several planting seasons to 
     complete the reforestation due to lack of available planting 
     stock.
         The conferees are concerned about the weather-related 
     crop losses that have devastated New York State fruit and 
     onion growers in 1998. The Secretary shall make funding 
     available to assist producers who have incurred losses during 
     the 1998 crop year to fruit crops and to the trees and vines 
     on which those fruit crops are produced.
         The Secretary is also directed to develop a crop disaster 
     assistance program suitable for the New York State fruit and 
     onion growers. The Secretary shall provide financial 
     assistance to apple producers proportioned according to their 
     volume of apples sold in fresh, processing and juice markets, 
     based on 1997 marketing data, and shall not deduct a

[[Page H11303]]

     salvage value when the cost of harvesting a crop in that 
     marketing category approximates the 1998 cash market value at 
     the time of harvest.
         The Secretary shall make eligible for the Emergency 
     Conservation Program fruit drops in orchards as well as 
     replacement of trellises in orchards and vineyards that were 
     damaged by storms.
         The managers direct that in carrying out the disaster 
     relief activities funded by this conference agreement, the 
     Secretary of Agriculture shall give particular attention to 
     assessing and meeting the needs of Puerto Rico and the United 
     States Virgin Islands following Hurricane Georges. The 
     Secretary should take all necessary steps to help the 
     territories recover from the 1998 hurricane season and 
     restore their agricultural economies, such as covering losses 
     in livestock and non-program crops, including but not limited 
     to coffee, bananas, and tropical fruits.
       The conference agreement includes language that provides 
     for a domestic market reporting pilot program and an export 
     market reporting pilot investigation. The conferees expect 
     the Secretary to utilize any previously collected data to the 
     maximum extent practicable in implementing this section. 
     Nothing in this section shall be construed as requiring the 
     reporting of information relating to feeder cattle.

                          TITLE XII--BIODIESEL

         The conference agreement includes language that creates a 
     biodiesel program. The Senate bill included similar language.

                  TITLE XIII--EMERGENCY APPROPRIATIONS

         The conference agreement includes additional funding for 
     emergency related costs including $40,000,000 for salaries 
     and expenses for the Farm Service Agency, $31,405,000 for 
     subsidy costs for additional operating loans for a total loan 
     amount of $540,510,000, and $10,000,000 for the Forestry 
     Incentives Program.

                   Conference Total--With Comparisons

         The total new budget (obligational) authority for the 
     fiscal year 1999 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1998 amount, the 1999 
     budget estimates, and the House and Senate bills for 1999 
     follow:

New budget (obligational) authority, fiscal year 1998...$49,793,563,000
Budget estimates of new (obligational) authority, fiscal 59,567,544,000
House bill, fiscal year 1999.............................55,883,142,000
Senate bill, fiscal year 1999............................56,820,368,000
Conference agreement, fiscal year 1999...................61,607,490,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1998.+11,813,927,000
  Budget estimates of new (obligational) authority, fisca+2,039,946,000
  House bill, fiscal year 1999...........................+5,724,348,000
  Senate bill, fiscal year 1999..........................+4,787,122,000

   SECTION 101 (b): DEPARTMENTS OF COMMERCE, JUSTICE, AND STATE, THE 
        JUDICIARY, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999

       The conferees on H.R. 4328 agree with the matter inserted 
     in this subsection of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in the 
     House and Senate versions of H.R. 4276, the Departments of 
     Commerce, Justice, and State, the Judiciary, and Related 
     Agencies Appropriations Act, 1999, by members of the 
     appropriations subcommittee of both the House and Senate with 
     jurisdiction over H.R. 4276.
       The legislative intent in the House and Senate versions in 
     H.R. 4276 is set forth in the accompanying House report (H. 
     Rept. 105-636) and the accompanying Senate report (S. Rept. 
     105-235).

                     TITLE I--DEPARTMENT OF JUSTICE

                         General Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $79,448,000 for General 
     Administration, as proposed in the House bill, instead of 
     $76,199,000 as proposed in the Senate bill.
       Within this amount, the conference agreement includes 
     $8,136,000 for the Department Leadership Program, as proposed 
     in the House bill, instead of $7,860,000, as proposed in the 
     Senate bill. In addition, the conference agreement includes a 
     provision, as proposed in the House bill, that retains the 
     level of augmentation in the Department Leadership Program to 
     the level that occurred in these offices in fiscal year 1998, 
     which was not included in the Senate bill.
       The conference agreement also includes a provision that 
     provides 41 permanent positions and 48 full-time equivalent 
     workyears and $4,811,000 for the Offices of Legislative 
     Affairs and Public Affairs, as proposed in the House bill, 
     instead of 39 permanent positions and 39 full-time equivalent 
     workyears and $4,660,000, as proposed in the Senate bill.
       The conference agreement includes a provision that provides 
     the Attorney General the authority to transfer forfeited 
     property of limited value to a State or local government or 
     its designee for certain community-based programs, subject to 
     reprogramming requirements, as proposed in the Senate bill. 
     The House bill included a similar provision in Section 109. 
     The House and Senate report language with respect to the 
     study of Justice issues in Alaska, the transfer of $5,000,000 
     to the Justice Management Division, and the House report 
     language with respect to the Immigration and Naturalization 
     Service is adopted by reference.


                     JOINT AUTOMATED BOOKING SYSTEM

       The conference agreement does not include $10,000,000 in a 
     separate account to fund the Joint Automated Booking System, 
     as proposed in the Senate bill. This is an activity which may 
     be funded in fiscal year 1999 with Super Surplus funds 
     available under the Assets Forfeiture Fund, as proposed in 
     the House bill. In future years, it is expected that 
     additional funding will be proposed as a separate account.


                       NARROWBAND COMMUNICATIONS

       The conference agreement does not include new direct 
     appropriations for this Fund. Instead, the conference 
     agreement assumes that up to $23,396,000 may be derived from 
     Super Surplus balances in the Assets Forfeiture Fund to 
     establish this Fund to be under the control of the 
     Attorney General.
       Of the total amounts available in the Fund in fiscal year 
     1999, the Attorney General is expected to use up to 
     $5,552,000 to establish a Department-wide narrowband program 
     office and to conduct a baseline technical assessment of 
     wireless communications to support Department-wide conversion 
     in order to maximize opportunities for interoperability and 
     resource sharing. In accordance with the direction included 
     in both the House and Senate reports, the Attorney General is 
     expected to submit a narrowband conversion master plan to the 
     Committees on Appropriations no later than December 1, 1998. 
     In addition, the Attorney General is expected to ensure that 
     Department of Justice components comply with the direction 
     included in the Senate report with respect to the purchase of 
     communications equipment.


                         COUNTERTERRORISM FUND

       The conference agreement includes $145,000,000 in direct 
     appropriations for the Counterterrorism Fund, instead of 
     $89,200,000 as proposed in the House bill and $193,999,000 as 
     proposed in the Senate bill.
       The conference agreement includes $10,000,000 from the 
     Counterterrorism Fund for the National Critical 
     Infrastructure Protection Center (NIPC), instead of 
     $19,999,000 proposed in the Senate bill. The NIPC was 
     established in fiscal year 1998 as the Computer Intrusion 
     Threat Assessment Center (CITAC). The House bill did not 
     propose funding NIPC from the Fund, but instead provided 
     resources under the Federal Bureau of Investigations (FBI) 
     Salaries and Expenses account. The conference agreement 
     appropriates a total of $43,542,000 for the NIPC, $28,677,000 
     above the fiscal year 1998 level, of which $10,000,000 is 
     provided in this account and $33,542,000 is provided in the 
     FBI Salaries and Expenses account. Should funds become 
     available in the Department of Justice Working Capital Fund, 
     the Attorney General is encouraged to provide additional 
     support to the NIPC, if warranted.
       The conference agreement does not include provisions, 
     recommended in the Senate bill, to expand the use of the Fund 
     to reimburse other Federal agencies for their operational 
     costs associated with participation in the NIPC, as such 
     action is inconsistent with the manner in which other 
     interagency activities, such as the FBI's Counterterrorism 
     Center, are currently funded. The Department of Justice and 
     other Federal agencies are expected to cooperate to the 
     fullest extent of their authorities and expertise in the 
     response planning, prevention, detection, deterrence and 
     elimination of vulnerabilities to our Nation's critical 
     infrastructure. These agencies are encouraged to ensure that 
     the resources required to protect these critical 
     infrastructures are given a high priority within each 
     agency's programs and initiatives.
       In addition, the conference agreement provides $135,000,000 
     to continue the initiative begun in fiscal year 1998 to 
     assist States and localities in becoming fully prepared to 
     respond to the increasing threat of chemical and biological 
     attacks resulting from incidents of domestic and 
     international terrorism. In many instances, the Nation's 
     front line response capability for a domestic chemical or 
     biological terrorist incident rests with these agencies, 
     including firefighters, emergency services personnel, law 
     enforcement, bomb technicians, and other emergency response 
     personnel. To ensure that these ``first responders'' are 
     equipped and prepared to meet this challenge, the conference 
     agreement includes the following:
       --First Responders Equipment Acquisition Program.--
     $75,500,000 to provide personnel protective gear, and 
     detection, decontamination, and communications equipment to 
     be targeted to the 157 largest cities and localities, as well 
     as the States. Of this amount, $4,000,000 is for equipment 
     for the National Domestic Preparedness Consortium to be 
     distributed as described below under Training; and $2,000,000 
     is for transfer to the Office of Justice Programs (OJP) for 
     management and administration of this and other related grant 
     and training programs. The Attorney General is encouraged to 
     use OJP for the administration and management of the 
     equipment purchasing and training programs.
       --Municipal Fire and Emergency Services.--$25,000,000 to 
     expand equipment and training programs targeted specifically 
     to municipal

[[Page H11304]]

     fire and emergency services departments as follows: (1) 
     $16,000,000 for grants of equipment directly to local fire 
     departments, hazardous materials response teams, and 
     emergency medical services agencies; (2) $4,000,000 for 
     interoperable radio equipment for local emergency response 
     agencies; and (3) $5,000,000 for training and assistance to 
     these entities as authorized by section 819 of the 
     Antiterrorism and Effective Death Penalty Act of 1996. This 
     funding is in addition to amounts otherwise available for 
     these agencies under the First Responders Equipment 
     Acquisition program.
       --State and Local Bomb Technician Equipment.--$25,000,000 
     is expected to be provided by the Attorney General for this 
     purpose, should funds be available in the Department of 
     Justice Working Capital Fund.
       --Training.--$18,000,000 to support training activities. Of 
     this amount, $16,000,000 is to support the activities of the 
     National Domestic Preparedness Consortium. The following 
     Consortium members are to receive $2,000,000 each from these 
     training programs: the National Energetic Materials Research 
     and Testing Center, New Mexico Institute of Mining and 
     Technology; the National Center for Bio-Medical Research and 
     Training, Louisiana State University; the National Emergency 
     Response and Rescue Training Center, Texas A&M University; 
     and the National Exercise, Test, and Training Center, Nevada 
     test site. Each of these Consortium members are to receive an 
     additional $1,000,000 from the equipment grant program. 
     Further, the conference agreement includes $8,000,000 for the 
     Center for Domestic Preparedness, Fort McClellan, AL within 
     the training program. Funding is to be provided by OJP 
     directly to each member of the Consortium. OJP is expected to 
     utilize the Consortium members to the fullest extent 
     possible, including the Consortium members' existing 
     facilities, resources and expertise, to support cooperative 
     programs to achieve cost-effective delivery of equipment, 
     technical assistance, training and situational exercises. To 
     maximize training accessibility, multiple facilities and 
     expertise must be utilized, requiring parallel efforts to be 
     coordinated between OJP and Consortium members.
       In addition, the conference agreement appropriates 
     $2,000,000 from the Fund for State and local law enforcement 
     training activities. Funding for this activity was previously 
     included under the Bureau of Justice Assistance account. The 
     conference agreement does not provide funding in the Fund for 
     State and local bomb technician training, and instead 
     addresses this matter under the FBI Salaries and Expenses 
     account.
       --Situational Exercises.--$3,500,000 is for situational 
     exercises to ensure that first responders training includes 
     real-life situations. The conference agreement adopts the 
     recommendation and direction included in the Senate report 
     regarding a Topoff exercise.
       --Technical Assistance/Needs Assessment.--$3,000,000 for 
     technical assistance and a needs assessment, of which 
     $1,000,000 shall be used to conduct a needs assessment in 
     accordance with the direction in the House report. The 
     Attorney General is expected to provide the results of this 
     assessment to the House and Senate Committees on 
     Appropriations no later than March 1, 1999.
       --Counterterrorism Technologies.--$10,000,000 for the 
     development of technologies to help State and local law 
     enforcement combat terrorism, as authorized by section 821 of 
     the Antiterrorism and Effective Death Penalty Act of 1996. 
     The Attorney General is expected to follow the guidance 
     included in the Senate report regarding simulations of 
     dispersion and deposition of chemical and biological 
     aerosols.
       In addition to the amounts provided in this bill, 
     unobligated balances of $26,782,915 remain available from 
     previous appropriations for authorized purposes of this Fund. 
     The Attorney General should utilize $1,000,000 from these 
     balances for an alternative crisis management/relocation 
     facility to carry on essential Department functions in the 
     event the Department, or one of its components, is denied 
     access to its facility for various reasons, such as a 
     terrorist act.
       As directed in the fiscal year 1998 conference report, the 
     Attorney General is expected to submit a comprehensive 5-year 
     interdepartmental counterterrorism and technology crime plan 
     no later than December 31, 1998. This plan will cover a broad 
     range of topics encompassing the Nation's efforts to prevent 
     and deter terrorist attacks, as well as manage a crisis 
     created by a terrorist incident. The Attorney General and 
     other department and agency heads who participated in this 
     comprehensive effort are to be commended for their efforts. 
     This plan will serve as a baseline strategy for coordination 
     of a national policy and operational capabilities to combat 
     all forms of terrorism.
       The conference agreement includes bill language, modified 
     from both the House and Senate bills, setting forth the 
     purposes for which the Fund can be used, and making funds 
     available for such purposes. In addition, bill language is 
     not included, as recommended in the Senate bill as Senate 
     Section 117 under general provisions within this title, which 
     would have required submission of the specific dollar amounts 
     budgeted for counterterrorism activities Government-wide with 
     the Analytical Perspectives Volume beginning with the fiscal 
     year 2000 budget request. However, the Attorney General is 
     expected to work with the Office of Management and Budget to 
     ensure that such information is included.


               TELECOMMUNICATIONS CARRIER COMPLIANCE FUND

       The conference agreement does not include funding for the 
     Telecommunications Carrier Compliance Fund to reimburse 
     equipment manufacturers and telecommunications carriers and 
     providers of telecommunications support services for 
     implementation of the Communications Assistance for Law 
     Enforcement Act (CALEA). Neither the House nor Senate bills 
     provided new direct appropriations into the fund. Should 
     funding be necessary in fiscal year 1999, the Attorney 
     General is expected to utilize $102,580,270 in unobligated 
     balances currently available in the fund.
       For the past three years, the Department of Justice and the 
     telecommunications industry have been urged to resolve their 
     differences on the implementation of CALEA. Despite those 
     efforts, CALEA implementation is now almost four years behind 
     schedule because the industry and law enforcement have failed 
     to reach agreement on CALEA technical standards. Since March 
     1998, the Federal Communications Commission (FCC) has been 
     reviewing those standards as envisioned under CALEA. On 
     September 11, 1998, the FCC issued an order extending the 
     October 25, 1998 statutory compliance date until at least 
     June 30, 2000. The FCC took this action because the final 
     technical standards are still under review. Law enforcement, 
     industry and privacy groups agree that the FCC should define 
     the capability standard for CALEA compliance, as envisioned 
     under CALEA. The FCC is urged to act quickly to resolve this 
     issue.


                   ADMINISTRATIVE REVIEW AND APPEALS

       The conference agreement includes $134,563,000 for 
     Administrative Review and Appeals, as proposed in the House 
     bill, instead of $41,858,000 as proposed in the Senate bill, 
     of which $59,251,000 is provided from the Violent Crime 
     Reduction Trust Fund (VCRTF). Of the total amount provided, 
     $132,963,000 is for the Executive Office for Immigration 
     Review (EOIR) and $1,600,000 is for the Office of the Pardon 
     Attorney. The recommendation represents the funding necessary 
     to maintain the current level of activities in fiscal year 
     1999.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $35,610,000 for the 
     Office of Inspector General, instead of $36,610,000 as 
     proposed in the House bill, and $33,211,000 as proposed in 
     the Senate bill.
       The $1,000,000 increase in funding over the budget request 
     shall be available for expenditure only upon submission of a 
     report as to the level of fiscal year 1998 spending and 
     compliance with anti-deficiency requirements.
       There is concern that Department employees accused of 
     wrongdoing are not enjoying the swift justice that is every 
     citizen's right. From fiscal years 1996 to 1998, the average 
     closure rate for Inspector General investigations climbed 
     from 6 to 9 months. The Inspector General is urged to refer 
     cases to the appropriate component of the Department as 
     necessary to keep its average closure rate for investigations 
     at no more than 180 days. A report is requested by January 
     31, 1999 describing the steps the Department and the 
     Inspector General are taking to meet this timetable, and 
     recommending any improvements in the process that are 
     required.

                     United State Parole Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $7,400,000 for the U.S. 
     Parole Commission, as proposed in the House bill, instead of 
     $7,969,000 as proposed in the Senate bill. Funding is 
     provided in accordance with the House report.

                            Legal Activities


            SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES

       The conference agreement includes $475,000,000 for General 
     Legal Activities instead of $470,425,000 as proposed in the 
     House bill and $485,511,000 as proposed in the Senate bill, 
     of which $8,160,000 is provided from the Violent Crime 
     Reduction Trust Fund (VCRTF) as proposed in the House bill.
       The amount in the conference agreement includes the 
     following program increases: (1) $465,000 for the Criminal 
     Division to improve coordination of interagency and bilateral 
     U.S./Mexico efforts to combat drug trafficking; (2) 
     $1,000,000 for the Criminal Division for online obscenity 
     prosecutions; (3) $2,000,000 for the Office of Special 
     Investigations to maintain the pace of prosecutions while 
     supporting the Nazi war criminal records interagency 
     working group; (4) $1,007,000 for the Civil Rights 
     Division to increase enforcement and mediation activities 
     under the Americans with Disabilities Act.
       In addition, within the amounts provided for the Criminal 
     Division, $4,089,000 shall be for cybercrime prosecutions. 
     Within the amount provided for the Environment and Natural 
     Resources Division, $3,431,000 shall be used to defend claims 
     under the Comprehensive Environmental Response, Compensation, 
     and Liability Act of 1980 (CERCLA), $706,000 shall be used 
     for vessel pollution prosecutions, and $523,000 shall be used 
     for CFC smuggling prosecutions. The conference agreement 
     allows $17,834,000 to remain available until expended for 
     office automation costs. No funds are provided under this 
     account for the Joint Center for Strategic Environmental 
     Enforcement, including base funds, as proposed in the Senate 
     bill.

[[Page H11305]]

       The conference agreement recognizes that the Department 
     requires additional resources to defend against claims under 
     the Financial Institutions Reform, Recovery and Enforcement 
     Act (FIRREA), and that the Department will seek to have these 
     costs paid from the FSLIC Resolution Fund (FRF). In the event 
     that FRF resources are not available, additional costs of 
     FIRREA litigation may have to be paid from this account, 
     which could have a dramatic impact on the ability of the 
     Department to carry out its other priority missions. 
     Therefore, the Administration is encouraged in its efforts to 
     find a solution to the funding requirements of FIRREA 
     litigation that avoids such impacts.
       The conference agreement does not include bill language 
     providing that funds in this account may be used for annual 
     costs of U.S. participation in law-based international 
     organizations as was proposed in the Senate bill.
       The conference agreement includes language directing the 
     Attorney General to transfer $813,333 from funds available in 
     the Department of Justice to the Presidential Advisory 
     Commission on Holocaust Assets in the United States subject 
     to reprogramming requirements, as proposed in the House bill.


               THE NATIONAL CHILDHOOD VACCINE INJURY ACT

       The conference agreement includes a reimbursement of 
     $4,028,000 for fiscal year 1999 from the Vaccine Injury 
     Compensation Trust Fund to the Department of Justice, as 
     proposed in both the House and Senate bills.


               salaries and expenses, antitrust division

       The conference agreement provides $98,275,000 for the 
     Antitrust Division, as proposed in both the House and Senate 
     bills. The conference agreement assumes that of the amount 
     provided, $68,275,000 will be derived from fees collected in 
     fiscal year 1999, and $30,000,000 will be derived from 
     estimated unobligated fee collections available from 1998, 
     resulting in a net direct appropriation of $0.
       The conference agreement does not include language, as 
     proposed in the Senate bill, repealing a proviso in the 
     fiscal year 1998 bill making excess fee collections available 
     in the subsequent fiscal year.
       The conference agreement also does not include language, as 
     proposed in the House bill, making fee collections in excess 
     of $68,275,000 available until expended but not until October 
     1, 1999. It is intended that any excess fee collections shall 
     remain available for the Antitrust Division in future years.


             SALARIES AND EXPENSES, UNITED STATES ATTORNEYS

       The conference agreement includes $1,090,378,000 for the 
     U.S. Attorneys, as proposed in the House bill, instead of 
     $1,083,642,000 as proposed in the Senate bill, of which 
     $80,698,000 is provided from the Violent Crime Reduction 
     Trust Fund (VCRTF), instead of $51,231,000 as proposed in the 
     House bill, and no funding as proposed in the Senate bill.
       Funding is provided for the following: $8,912,000 as a 
     program increase above base funding as proposed in the House 
     bill for 64 attorneys and 32 support staff to increase drug 
     prosecutions; and from within base resources, the following, 
     as proposed in the Senate bill: $3,630,000 for cybercrime 
     prosecutions; $14,782,000 for the National Advocacy Center, 
     as proposed in the budget; $1,000,000 for a violent crime 
     task force demonstration project to investigate and prosecute 
     perpetrators of Internet sexual exploitation of children to 
     be administered under the auspices of Operation 
     Streetsweeper; $1,000,000 for computer and equipment upgrades 
     at the National Advocacy Center; $1,500,000 to hire 
     additional assistant U.S. Attorneys and investigators in the 
     city of Philadelphia and $800,000 for the same purpose in 
     Camden County, New Jersey, as a focused demonstration project 
     to enforce Federal laws designed to keep firearms out of the 
     hands of criminals and to enhance existing law enforcement 
     efforts.
       The Executive Office of U.S. Attorneys is expected to 
     report on new approaches to the deployment of resources, as 
     set forth in the Senate report, and is encouraged to examine 
     whether resources dedicated to the oversight of the 
     International Brotherhood of Teamsters election can be 
     redeployed to restoring the rule of law on Indian 
     reservations.
       In addition, the conference agreement includes language 
     providing 9,044 positions and 9,312 workyears for U.S. 
     Attorneys, as proposed in the House bill instead of 8,960 
     positions and 9,125 workyears, as proposed in the Senate 
     bill. The conference agreement also includes language 
     allowing not to exceed $2,500,000 for the National Advocacy 
     Center and $1,000,000 for violent crime task forces to remain 
     available until expended, as proposed in the Senate bill, as 
     well as language setting forth funding for demonstration 
     projects, as proposed in the Senate bill.

                   United States Trustee System Fund

       The conference agreement provides $114,248,000 in budget 
     (obligational) authority for the U.S. Trustees, to be 
     entirely funded from offsetting fee collections, as proposed 
     in the House bill, instead of $108,248,000, offset by 
     $100,000,000 in offsetting fee collections and the balance 
     provided in direct funding, as proposed in the Senate bill. 
     The conference agreement does not include a provision as 
     proposed in the House bill providing that any fees collected 
     in excess of $114,248,000 will be available for obligation on 
     October 1, 1999 or a provision as proposed in the Senate bill 
     repealing a provision in the fiscal year 1998 Act that made 
     fees collected in excess of $114,248,000 in fiscal year 1998 
     available in fiscal year 1999.


      SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION

       The conference agreement provides $1,227,000 for the 
     Foreign Claims Settlement Commission as proposed in the 
     Senate bill, instead of $1,335,000 as proposed in the House 
     bill, and assumes funding is provided in accordance with the 
     Senate bill.


         salaries and expenses, united states marshals service

       The conference agreement includes $502,609,000 for the U.S. 
     Marshals Service instead of $503,164,000 as proposed in the 
     House bill and $501,752,000 as proposed in the Senate bill. 
     Of this amount, the conference agreement provides that 
     $25,553,000 will be derived from the Violent Crime Reduction 
     Trust Fund (VCRTF) as proposed in the House bill, instead of 
     no funds as proposed in the Senate bill.
       The amount included in the conference agreement includes 
     program increases of $512,000 for management and 
     administration to implement and support a variety of cost-
     reduction initiatives, $2,850,000 for courthouse security 
     personnel, $3,268,000 for courthouse security equipment, 
     $1,565,000 for electronic surveillance unit fugitive 
     apprehension equipment and personnel, and $250,000 for 
     videoconferencing. If additional resources are required for 
     courthouse security, the U.S. Marshals Service can submit a 
     reprogramming to obtain the additional resources.
       The provision in the Senate report calling for a pilot 
     program to pair the Marshals Service with the District of 
     Columbia Metropolitan Police Department to enforce court-
     ordered evictions and to report back to the Appropriations 
     Committees is adopted by reference. Further, the failure of 
     the U.S. Marshals Service to conduct a significant percentage 
     of evictions in a timely manner is noted, thus creating 
     unreasonable inconveniences to other participants in the 
     eviction process. The U.S. Marshals Service is directed to 
     report back to the Committees on Appropriations by May 1, 
     1999 on efforts to correct this problem.


                              construction

       The conference agreement includes $4,600,000 for a new 
     construction account for the U.S. Marshals Service, instead 
     of $4,000,000 as proposed in the Senate bill, and $3,300,000 
     included in the House bill under Bureau of Prisons, Buildings 
     and Facilities. This amount includes $600,000 for 
     architectural and engineering services and $4,000,000 for 
     construction projects as proposed in the Senate report. To 
     the extent that slippages occur, other projects requested in 
     the budget can be undertaken.


         justice prisoner and alien transportation system fund

       The conference report includes requested language 
     establishing a revolving fund for the operation of the 
     Justice Prisoner and Alien Transportation System, as provided 
     in both the House and Senate bills. The conference agreement 
     assumes that funding for the initial capitalization of the 
     Fund is an eligible use of Super Surplus funds available 
     under the Asset Forfeiture Fund, as proposed in the House 
     bill, instead of direct funding of $10,000,000 proposed in 
     the Senate bill, $5,000,000 to capitalize the Fund, and 
     $5,000,000 to purchase a new airplane. Any enhancements to 
     the system in fiscal year 1999, as well as the proposed 
     funding source to pay for them, are expected to be presented 
     to the Appropriations Committees for examination and review.
       The conference agreement does not include language amending 
     the definition of public aircraft with respect to JPATS 
     activities, which was proposed in the Senate bill.


                       federal prisoner detention

       The conference agreement provides $425,000,000 for Federal 
     Prisoner Detention, as proposed in the House bill, instead of 
     $407,018,000 as proposed in the Senate bill. The level 
     provided in the conference report plus approximately 
     $25,000,000 in carryover will provide the level of funding 
     requested in the budget.


                     fees and expenses of witnesses

       The conference agreement includes $95,000,000 for Fees and 
     Expenses of Witnesses as proposed in both the House and 
     Senate bills. The conference agreement does not include a 
     provision making not to exceed $4,000,000 available for a 
     secure automated information network, which was proposed in 
     the Senate bill. The House bill did not include a similar 
     provision. Funding is provided in accordance with both the 
     House and Senate reports.


                      community relations service

       The conference agreement includes $7,199,000 for the 
     Community Relations Service, as proposed in the House bill, 
     instead of $5,319,000 as proposed in the Senate bill. In 
     addition, the conference agreement includes a provision 
     allowing the Attorney General to transfer up to $500,000 of 
     funds available to the Department of Justice to this program, 
     instead of $1,000,000 as proposed in the House bill. The 
     Senate bill had no such transfer provision. The Attorney 
     General is directed to report to the Committees on 
     Appropriations of the House and Senate if this transfer 
     authority is exercised.
       The conference agreement recognizes that CRS has served the 
     country well as a small,

[[Page H11306]]

     elite crisis response team dedicated to mediating racially 
     charged civil disputes. There are concerns, however, that CRS 
     will lose its focus, and its skills, if its mission is 
     broadened to include State and local education and training 
     and national disaster planning which is unrelated to an 
     existing condition of racial/ethnic conflict. The conference 
     agreement improves the ability of CRS to execute its core 
     mission, but does not fund education and training or disaster 
     planning.
       Close coordination between the Administration and Congress 
     could help to stabilize racially motivated local incidents. 
     As the people's body, Congress must be kept informed when the 
     Administration responds to a domestic crisis. Therefore, the 
     Attorney General is directed to notify the relevant 
     committees whenever requests by local officials prompt the 
     deployment of CRS personnel to mediate civil conflicts.


                         assets forfeiture fund

       The conference agreement provides $23,000,000 for the 
     Assets Forfeiture Fund as proposed in both the House and 
     Senate bills, and assumes funding is provided in accordance 
     with both the House and Senate reports.

                    Radiation Exposure Compensation


                        administrative expenses

       The conference agreement includes $2,000,000 for 
     administrative expenses in accordance with the Radiation 
     Exposure Compensation Act, as proposed by both the House and 
     Senate bills.


         payment to radiation exposure compensation trust fund

       The conference agreement includes no new appropriations for 
     fiscal year 1999, as proposed by both the House and Senate 
     reports. Carryover is expected to exceed the amount expected 
     to be paid from the fund.

                      Interagency Law Enforcement


                 interagency crime and drug enforcement

       The conference agreement includes $304,014,000 for 
     Interagency Crime and Drug Enforcement as proposed in the 
     House bill, the full amount requested, instead of 
     $294,967,000 proposed in the Senate bill, in accordance with 
     the distribution included in the House report.
       The conference agreement includes language proposed in the 
     House bill, not included in the Senate bill, allowing a 
     portion of the funds provided to remain available until 
     expended.

                    Federal Bureau of Investigation


                         salaries and expenses

       The conference agreement includes $2,971,448,000 for the 
     Federal Bureau of Investigation (FBI), instead of 
     $2,977,258,000 as proposed in the House bill and 
     $2,956,461,000 as proposed in the Senate bill, of which 
     $223,356,000 is provided from the Violent Crime Reduction 
     Trust Fund (VCRTF), instead of $215,356,000 as recommended in 
     the House bill, and $433,124,000 as recommended in the Senate 
     bill. In addition, the conference agreement provides that not 
     less than $292,473,000 shall be used for counterterrorism 
     investigations, foreign counterintelligence, and other 
     activities related to national security, instead of 
     $282,473,000 as proposed by the House and $233,473,000 as 
     proposed by the Senate bill. Further, the FBI is directed to 
     transfer $10,000,000 in unobligated user fees for fiscal year 
     1998 to the Department of Justice Working Capital Fund. This 
     statement of managers reflects the distribution of the 
     funding provided in the conference report.
       The conference agreement provides $70,104,000 for requested 
     adjustments to base, including the costs to annualize 429 
     positions provided in fiscal year 1998, offset by $86,783,000 
     in base reductions for non-recurring costs resulting from 
     reduced requirements necessary to complete the Integrated 
     Automated Fingerprint Identification System (IAFIS) and 
     equipment provided for in fiscal year 1998. Should funds be 
     available in the Working Capital Fund, the Attorney General 
     is expected to provide $6,000,000 for microwave replacement 
     base funding requirements. The conference agreement includes 
     the following program increases:
       Counterterrorism Initiative.--Again this year, the 
     conferees have included increases for the FBI to address the 
     increasing threat of domestic and international terrorism, 
     including the growing threats of cybercrime and weapons of 
     mass destruction, building upon the $157,743,000 
     Counterterrorism Initiative provided in fiscal year 1998. The 
     conference agreement provides program increases to enhance 
     the FBI's capability to address terrorism, including: (1) 
     $9,165,000 to support 93 positions (56 agents) and 47 full-
     time equivalents (FTE), to enable the FBI to establish four 
     additional Computer Intrusion Threat Assessment (CITA) field 
     squads, including $465,000 to equip these new squads; (2) 
     $442,000 to support 9 positions and 4 FTE to provide 
     increased coverage for the Watch and Warning Analysis Unit; 
     (3) $500,000 to support training programs related to computer 
     crime detection; and (4) $670,000 to provide 6 positions (2 
     agents) and 3 FTE to enhance the staffing of the Hazardous 
     Materials Response Unit. Additional resources are also 
     included in the Counterterrorism Fund to further augment the 
     FBI's National Information Protection Center (NIPC), 
     previously named the Computer Intrusion Threat Assessment 
     Center (CITAC). Further, should funds be available in the 
     Working Capital Fund, the Attorney General should provide 
     funding for the following purposes: $4,250,000 to establish 
     an early warning system in the NIPC; $4,000,000 for chemical 
     and biological detection equipment for FBI bomb technicians 
     and Evidence Response Teams; and $2,900,000 for training at 
     the Hazardous Devices School. Within the resources available, 
     the FBI is expected to provide $2,300,000 for ongoing 
     training activities at the Hazardous Devices School, and 
     $3,200,000 for joint counterterrorism task force operations 
     in fiscal year 1999.
       In addition, the FBI is expected to comply with the 
     direction included in the Senate report regarding integration 
     of FBI and Drug Enforcement Administration training.
       Infrastructure Requirements.--The conference agreement 
     provides an increase of $42,050,000 and 20 positions to 
     enable the FBI to improve its information systems by re-
     engineering its investigative, intelligence, and 
     administrative automated data processing systems. This amount 
     is in addition to $20,000,000 in base funding identified for 
     this requirement, resulting in a total availability of 
     $62,050,000 for this effort in fiscal year 1999. Of this 
     amount, $2,050,000 is provided in direct appropriations to 
     provide for additional staffing requirements to implement 
     this initiative. The Attorney General is expected to provide 
     an additional $40,000,000 from the Working Capital Fund 
     should such funds be available. Further, the Department of 
     Justice and the FBI are directed to follow the direction 
     included in the House report regarding the obligation of 
     funds for this initiative.
       National Instant Criminal Background Check System.--The 
     conference agreement includes a total of $42,000,000 for 
     operations of the permanent National Instant Criminal 
     Background Check System (NICS). Of this amount, $22,000,000 
     is new direct appropriations. In addition, the Attorney 
     General is expected to provide an additional $20,000,000 from 
     available balances in the Working Capital Fund to fully fund 
     the costs of the NICS system in fiscal year 1999. The fiscal 
     year 1999 budget request for the FBI included no direct 
     funding for this system, and instead proposed to finance 
     the operation of this system through a user fee. The 
     conference agreement includes a provision under title VI 
     of this Act which prohibits the FBI from charging a fee 
     for NICS checks, and instead provides funding to the FBI 
     for the costs to implement this system. The FBI and the 
     Department of Justice are expected to include funding for 
     the operations of the NICS system in the fiscal year 2000 
     budget submission. Additionally, the FBI is expected to 
     pursue proposals to increase the number of states serving 
     as points of contact for the NICS system. Criminal justice 
     and other records available for performing background 
     checks at the State level are generally the most complete 
     and readily available records, which would ensure more 
     timely and thorough responses to NICS inquiries.
       Indian Country Law Enforcement.--The conference agreement 
     includes $4,657,000 to support 50 positions (30 agents) and 
     25 FTE to implement two new Safe Trails Task Forces and to 
     enhance four current task forces. Within the amounts 
     provided, the FBI is expected to provide investigative 
     equipment and supplies, operational case funds, and forensic 
     services to support these task forces.
       Housing Fraud Initiative.--The conference agreement 
     provides $1,500,000 and 11 positions to support FBI's 
     participation in the Housing Fraud Initiative being conducted 
     by the Department of Housing and Urban Development Inspector 
     General.
       Crimes Against Children.--The conference agreement includes 
     $5,204,000 to enhance the FBI's capability to combat child 
     abductions and serial killings. Within this amount, 
     $3,439,000 is for the child abduction and serial killer unit 
     to enhance staffing, establish a police fellows program for 
     training local investigators, and provide training to State 
     and local law enforcement. In addition, $1,765,000 is 
     included to enhance staffing of the Violent Criminal 
     Apprehension Program to provide more timely assistance to 
     State and local law enforcement.
       Criminal Justice Services.--The conference agreement 
     includes an increase of $8,110,000 for support of Criminal 
     Justice Information Services Division (CJIS) facilities and 
     systems to be allocated in accordance with the direction 
     included in the Senate report. The FBI is expected to 
     allocate sufficient personnel to ensure the timely processing 
     of criminal background checks for school bus drivers and 
     teachers. Bill language is also included, as proposed by the 
     House, designating $1,500,000 for an independent office for 
     automation of fingerprint services. The Senate bill contained 
     similar language.
       Foreign Counterintelligence Program.--An increase of 
     $2,500,000 is provided for the FBI's National Foreign 
     Counterintelligence Program for a counterintelligence 
     investigation enhancement as recommended in the Senate bill. 
     Within available fiscal year 1999 funding, the FBI may 
     implement the additional authorizations contained in the 
     Intelligence Authorization Act for Fiscal Year 1999.
       Violent Crime Reduction Program.--The conference agreement 
     includes $223,356,000, derived from the Violent Crime 
     Reduction Trust Fund, for FBI activities authorized by the 
     Violent Crime Control and Law Enforcement Act of 1994, as 
     amended, and the Antiterrorism and Effective Death Penalty 
     Act. From within these funds, the FBI is expected to provide 
     funding in accordance with the direction included in the 
     House report regarding grants for State computerized 
     identification systems and automated fingerprint 
     identification systems, support for

[[Page H11307]]

     FBI's Combined DNA Identification Systems (CODIS), and 
     support for investigative assistance and training.


                              CONSTRUCTION

       The conference agreement includes $1,287,000 in direct 
     appropriations for construction for the Federal Bureau of 
     Investigation (FBI), as provided for in the Senate bill, 
     instead of $11,287,000 as proposed in the House bill. The 
     agreement includes the funding necessary to continue 
     necessary improvements and maintenance at the FBI Academy. 
     Should additional funds become available in the Working 
     Capital Fund, the Attorney General should provide $10,000,000 
     to continue upgrades to the FBI Academy Firearms Training 
     Facility.

                    Drug Enforcement Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $1,205,780,000 for the 
     salaries and expenses of the Drug Enforcement Administration 
     (DEA), instead of $1,201,290,000 as proposed in the House 
     bill and $1,209,054,000 as proposed in the Senate bill, of 
     which $405,000,000 is provided from the Violent Crime 
     Reduction Trust Fund (VCRTF) as proposed in the House bill, 
     instead of $407,000,000 as proposed in the Senate bill. The 
     conference agreement does not assume the proposed transfer of 
     $15,000,000 from direct appropriations to the Diversion 
     Control Fund. However, the conference agreement assumes that 
     $76,710,000 will be available from the Diversion Control Fund 
     for diversion control activities. This statement of managers 
     reflects the distribution of funds provided in the conference 
     report.
       Source Country/International Strategy.--The conference 
     agreement includes program increases totaling $31,188,000 to 
     support DEA's international programs, a $22,520,000 increase 
     above the request. This action reflects continued support for 
     DEA's supply reduction efforts. Program increases are 
     provided for the following activities: (1) $4,212,000 and 20 
     positions (12 agents) to establish a new country office in 
     Trinidad-Tobago and to enhance staffing in other Caribbean 
     Country offices, including Barbados, Curacao, Jamaica, Haiti 
     and the Dominican Republic; (2) $1,966,000 and 7 positions (5 
     agents) to open new country offices in Vietnam and 
     Uzbekistan, and to expand staffing in the Philippines to 
     address the rise in international heroin trafficking; (3) 
     $1,415,000 and 5 positions to strengthen DEA's intelligence 
     activities in Mexico; (4) $1,075,000 and 5 positions to 
     enhance security for DEA activities; (5) $3,000,000 and 14 
     positions (8 agents) to enhance staffing in source countries 
     and transit zones; (6) $5,000,000 to continue overseas 
     implementation of the MERLIN system; (7) $3,500,000 for 
     surveillance and electronic intercept equipment in source 
     countries and transit zones; (8) $3,500,000 for aviation and 
     technical equipment to support regional operations in the 
     Caribbean; and (9) $120,000 for improved mobility along the 
     Bolivian border. DEA is expected to comply with the reporting 
     requirements included in the House report regarding 
     deployment of investigative resources in source countries and 
     transit zones.
       Domestic Enforcement Enhancements.--The conference 
     agreement includes program increases totaling $66,085,000 for 
     domestic counter-drug activities, an increase of $13,000,000 
     above the request, as follows: (1) $5,632,000 and 70 
     positions (42 agents) to enhance DEA domestic offices 
     impacted by Caribbean drug trafficking; (2) $24,459,000 and 
     223 positions (100 agents) to augment DEA's efforts to 
     combat methamphetamine trafficking, including enforcement 
     and chemical control efforts, clean up activities at 
     clandestine laboratory sites, vehicle replacement, and 
     establishment of a National Clandestine Laboratory 
     database; (3) $12,926,000 and 148 positions (95 agents) to 
     continue a five-year strategy to enhance enforcement 
     efforts to reduce the domestic availability of heroin; and 
     (4) $13,000,000 and 56 positions (32 agents) to establish 
     DEA regional drug enforcement teams as recommended in the 
     Senate report. Colombian and Mexican crime syndicates have 
     established a network of compartmentalized cells to 
     conduct their drug trafficking operations in the United 
     States. While historically, these crime syndicates have 
     maintained command and control centers in major U.S. 
     cities, in reaction to law enforcement pressure in major 
     metropolitan areas, these drug syndicates have established 
     regional command and control centers and warehousing and 
     transshipment points in smaller, nontraditional 
     trafficking locations across the U.S., resulting in 
     increased rates of drug abuse, trafficking, and violent 
     crime in our Nation's smaller cities. DEA cannot combat 
     this new threat by transferring resources from major 
     metropolitan areas to smaller cities. Therefore, funding 
     has been provided to establish regional enforcement teams 
     to enable DEA to provide an immediate, flexible, and 
     effective law enforcement response to this growing 
     problem.
       Investigative and Intelligence Requirements.--The 
     conference agreement includes $17,468,000 to address critical 
     infrastructure needs, $7,400,000 above the request, as 
     follows: (1) $5,000,000 for 39 additional intelligence 
     analysts, as recommended in the House report; (2) $2,400,000 
     for continued development and implementation of automation 
     systems to support intelligence and investigative 
     requirements, as provided in the House report; (3) $7,002,000 
     for improvements in cooperative drug law enforcement 
     operations; and (4) $3,066,000 and 2 positions for 
     establishment of a backup site for DEA's Network Control 
     Facility.
       Drug Diversion Control Fee Account.--The conference 
     agreement provides $76,710,000 for DEA's Drug Diversion 
     Control Program, the full amount requested, and assumes that 
     diversion control programs will be fully supported through 
     funding derived from the Diversion Control Fee Account in 
     fiscal year 1999.
       In addition, DEA is expected to comply with the direction 
     in the House report concerning coastal surveillance 
     technology, as well as the direction in the Senate report 
     concerning integration of DEA and FBI training curriculum. 
     The conference agreement contains bill language, as proposed 
     by the House, to provide $4,000,000 for evidence and 
     information payments, instead of $5,000,000 recommended by 
     the Senate.


                              CONSTRUCTION

       The conference agreement includes $8,000,000 in direct 
     appropriations for Construction for the Drug Enforcement 
     Administration (DEA), as proposed in both the House and 
     Senate bills.

                 Immigration and Naturalization Service


                         SALARIES AND EXPENSES

       The conference agreement includes $2,464,327,000 for the 
     salaries and expenses of the Immigration and Naturalization 
     Service (INS), instead of $2,486,004,000 as proposed in the 
     House bill and $2,268,984,000 as proposed in the Senate bill, 
     of which $842,490,000 is from the Violent Crime Reduction 
     Trust Fund (VCRTF), instead of $866,490,000 as proposed in 
     the House bill, and $1,099,667,000 as proposed in the Senate 
     bill. In addition to amounts appropriated, the conference 
     agreement assumes that $1,306,046,000 will be available from 
     offsetting fee collections, instead of $1,570,014,000 as 
     proposed by the House and $1,560,308,000 as proposed by the 
     Senate. Thus, including resources provided under 
     construction, the conference agreement provides a total 
     operating level of $3,860,373,000 for INS, instead of 
     $4,137,588,000 as provided by the House bill, and 
     $3,940,543,000 as provided by the Senate. This statement of 
     managers reflects the agreement of the conferees on how the 
     funds provided in the conference report are to be spent.
       Base adjustments.--The conference agreement provides 
     $51,283,000 for the full base restoration request and 
     includes $23,877,000 in restoration of base for detention and 
     deportation and assumes the balance will be provided from 
     expected carryover in the Breached Bond/Detention fund. The 
     agreement does not include funding for helicopter purchases. 
     The agreement includes a report on INS border air vehicle 
     plans which is detailed below under Border Control.
       INS Organization and Management.--The conference agreement 
     includes the concerns expressed in the House report that a 
     lack of resources is no longer an acceptable response to 
     INS's inability to adequately address its mission 
     responsibilities. The conference agreement includes the 
     establishment of clearer chains of command--one for 
     enforcement activities and one for service to non-citizens--
     as one step towards making the INS a more efficient 
     accountable, and effective agency. Consistent with the 
     concept of the separation of immigration enforcement from 
     service, the conference agreement adopts the House 
     recommendation to provide for a separation of INS funds. The 
     conference agreement includes the establishment of two new 
     accounts: Enforcement and Border Affairs, and Citizenship and 
     Benefits, Immigration Support and Program Direction. These 
     accounts correspond to existing decision units within the 
     current INS Salaries and Expenses account. INS enforcement 
     funds are placed under the Enforcement and Border Affairs 
     account. All immigration-related benefits and naturalization, 
     support and program resources are placed under the 
     Citizenship and Benefits, Immigration Support and Program 
     Direction account. Neither account includes revenues 
     generated in various fee accounts to fund program activities 
     in both enforcement and service functions which are in 
     addition to the appropriated funds and are discussed below. 
     Funds for INS construction projects continue to fall within 
     the INS construction account.
       The language includes authority for the Attorney General to 
     transfer funds from one account to another in order to ensure 
     that funds are properly aligned. Such transfers may occur 
     notwithstanding any transfer limitations imposed under this 
     Act but such transfers are still subject to the reprogramming 
     requirements under Section 605 of this Act. It is expected 
     that any request for transfer of funds will remain within the 
     activities under those headings.
       Under the new accounts, the conference agreement includes 
     $1,069,754,000 for Enforcement and Border Affairs, 
     $552,083,000 for Citizenship and Benefits, Immigration 
     Support and Program Direction, and $842,490,000 from the 
     Violent Crime Reduction Trust Fund.
       The Enforcement and Border Affairs account is comprised of 
     the following amounts: $931,871,000, for the existing base 
     activities of Inspections, Border Patrol, Investigations, 
     Detention and Deportation, and Intelligence; less funds for 
     helicopter purchases and transfer of $29,536,000 to the User 
     Fee account for user fee related Information Resource 
     Management and legal activities; and program increases of 
     $97,000,000 for the Border Patrol and $40,883,000 for 
     interior enforcement. This amount, together with the 
     amount from the

[[Page H11308]]

     Violent Crime Reduction Trust Fund, provides the total 
     appropriation for these activities.
       The Citizenship and Benefits, Immigration Support and 
     Program Direction account includes $491,083,000 for the 
     existing base activities of Citizenship and Benefits, 
     Immigration Support and Management and Administration, 
     assumes $30,000,000 of this base activity will be supported 
     by unobligated balances available in the Working Capital 
     Fund, includes funding for the naturalization initiative, and 
     includes a program increase of $1,000,000 for the Office of 
     Internal Audit.
       Border control.--The conference agreement includes 
     $97,000,000 for 1,000 new border patrol agents and 140 
     support personnel. The conference agreement adopts the 
     following requests for reports to the Committee on border-
     related activities and technologies: 1) by December 1, 1998, 
     the House request for an INS plan for the development, 
     testing, and deployment of all current border technologies 
     and the plans for training agents to use such technology; 2) 
     by January 1, 1999, a report on the implications of having 
     the Border Patrol Training Academy report directly to the 
     Assistant Commissioner for the Border Patrol, as suggested by 
     the Senate report; 3) by January 1, 1999, a report on the 
     feasibility, cost and capabilities of a mixed fleet of manned 
     and unmanned aircraft, as requested in both the House and 
     Senate reports; 4) by November 15, 1998, a report on current 
     plans for Border Patrol road and fence improvements, as 
     specified in the House report; and 5) the continuation of 
     reports on Border Patrol hiring, training and enforcement 
     strategy, as requested in both the House and Senate reports. 
     The conference agreement also adopts the House report 
     direction to INS that it work more closely with the Forest 
     Service and the Bureau of Land Management.
       Deployment of Resources.--The conference agreement directs 
     the INS to continue its consultation with the Committees on 
     Appropriations of both the House and Senate before deployment 
     of new border patrol agents and additional staffing included 
     in this conference agreement.
       Interior enforcement.--The conference agreement includes 
     the following increases to enhance INS' ability to deport 
     illegal aliens: 1) $21,800,000 for Quick Response Teams 
     (QRTs) to work directly with State and local law enforcement 
     officers to take into custody and remove illegal aliens, in 
     accordance with the House report, including a report to the 
     Committees on its strategy on their use and deployment plans 
     by December 1, 1999 and quarterly reports on its progress, 
     and improved response rates; 2) $3,112,000 for participation 
     in joint task forces on terrorism, to assist in the 
     identification and apprehension of alien terrorists; 3) 
     $3,000,000 to expand the Law Enforcement Support Center 
     (LESC), as in the Senate report; 4) $9,400,000 for activation 
     of 400 beds at Port Isabel; 5) $1,971,000 for an additional 
     126 beds for juvenile detention space; and 6) $1,600,000 for 
     four dedicated commuter lanes, as in the Senate report.
       The conference agreement includes the concerns in both 
     House and Senate reports about increasing illegal immigration 
     in locations not previously believed to have problems, 
     including Georgia, North Carolina, Kentucky, Tennessee, 
     Arkansas, Utah, Nebraska, Iowa, Missouri and Colorado. It is 
     expected that the INS will take into consideration the 
     growing problems in these states in its deployment plan for 
     the Quick Response Teams and other interior enforcement 
     resources and will consult with the Committees on such plans. 
     The agreement also includes the Senate proposal on Kodiak 
     Island.
       The conference agreement also supports $10,000,000 in 
     additional funding within existing resources to continue and 
     to expand the local jail programs pursuant to Public Law 105-
     141 and a report on the program by December 1, 1998, and INS 
     is instructed to report on the feasibility of expanding the 
     local ambulance service pilot program.
       The conference agreement includes the House recommendations 
     for staffing of the Institutional Removal Program and on 
     employment eligibility verification pilot programs. The 
     conference agreement includes a request that INS evaluate the 
     existing technical infrastructure and the quality and 
     integrity of the data used in the System for Alien 
     Verification of Eligibility (``SAVE'') system, or any 
     comparable INS system, and recommend how INS can meet the 
     needs of States seeking to comply with Title IV of Public Law 
     104-193, and report to the Committees by May 1, 1999.
       Detention.--The conference agreement includes a report to 
     the Committees on INS's anticipated detention needs for the 
     next 3 years, including the resources and training necessary 
     to adequately staff existing and anticipated new facilities, 
     including the feasibility of locating a detention center in 
     Utah, as in the Senate report, and other needs designated in 
     the House and Senate reports.
       The conference agreement includes the expectation that as 
     funds become available in the Breached Bond/Detention 
     account, that INS will submit a request to use additional 
     funds for contract detention space and other detention needs. 
     The conference agreement also includes funds for continuation 
     of construction of several detention facilities within INS 
     Construction funds.
       The conference agreement includes the concerns about 
     staffing of district offices and requests adjustments to be 
     made, as in the Senate report.
       Office of Internal Audit.--The conference agreement 
     includes a program increase of $1,000,000 for the Office of 
     Internal Audit, $430,000 of which is for the INSpect program 
     to conduct impartial review of compliance and performance 
     with program guidance and regulations.
       Naturalization.--Naturalization and other services provided 
     by the INS are meant to be covered by application fees 
     deposited into the Examinations Fee account. However, in 
     fiscal year 1998, $20,000,000 in direct appropriations and 
     $196,000,000 in Examinations Fee account, were provided for 
     backlog reduction and to improve the integrity of the 
     naturalization process, beyond funds provided in the 
     Examinations Fee account.
       On August 6, 1998, the Department of Justice submitted a 
     reprogramming request for INS that requested funds for a 
     naturalization initiative from other resources beyond the 
     revenues generated in the Examinations Fee account. The 
     reason for this reprogramming was that Examinations Fee 
     revenues have fallen significantly below the level INS 
     estimated for fiscal years 1998 and 1999. These additional 
     funds requested are intended to restore funding for ongoing 
     naturalization activities, to provide a series of 
     enhancements to address the large backlog of applications and 
     to continue phasing in the revised application process 
     recommended by PricewaterhouseCoopers. In that proposal, the 
     Department recommended that the funds come from unobligated 
     balances from within the INS Salaries and Expenses account, 
     carryover from fiscal year 1998 Examinations Fee account, 
     a transfer of funds from the Department's Working Capital 
     Fund, and funds from the INS Breached Bond/Detention fund. 
     The total requested by the Department was $171,000,000; 
     $88,000,000 to restore base program activities that were 
     reduced to cover the decline in fee revenues, of which 
     $35,000,000 is for the restoration of base in the 
     Examinations Fee account and $53,000,000 is for 
     restoration of the Salaries and Expenses base; and the 
     remaining $83,000,000 for a naturalization enhancement in 
     the Salaries and Expenses account.
       The conference agreement provides $171,000,000 for this 
     initiative, $35,000,000 for base restoration in the 
     Examinations Fee account, $53,000,000 for base restoration in 
     Salaries and Expenses, and $83,000,000 in enhancements in 
     funds which are not required to maintain other ongoing INS 
     activities, funded in part directly through appropriation of 
     funds, rather than through use of the Breached Bond Detention 
     account, and $30,000,000 by transfer from the Working Capital 
     Fund, which have been used instead to offset base funding 
     requirements. The conference agreement recommends $83,000,000 
     for the following enhancements: (1) $27,450,000, of which 
     $11,659,000 is for 200 term employees for the formation of 
     Backlog Reduction Action Teams (BRAT) to work exclusively at 
     INS locations where the average naturalization application 
     processing time is in excess of 15 months and to reduce the 
     backlog until the average case processing time at that 
     location is under 12 months, $3,750,000 for clerical support, 
     $3,425,000 for overtime, $2,401,000 for administering oaths, 
     $3,200,000 for data entry, $2,222,000 for reprinting expired 
     fingerprints, and $790,000 for computer support costs; (2) 
     $4,325,000 for one-time need to reduce backlogs of cases at 
     the service centers, including $145,000 for Information 
     Resource Management needs; (3) $6,000,000 for field office 
     ADP support; (4) $6,500,000 to improve records procedures and 
     facilities; (5) $1,000,000 to conduct a pilot to improve 
     fingerprint identification throughout the process; (6) 
     $12,515,000 for implementation of key recommendations of 
     PricewaterhouseCoopers to redesign the naturalization 
     process, which includes $2,700,000 for designing and 
     producing a user friendly guide to the naturalization 
     process, $3,000,000 for continuation of the 
     PricewaterhouseCoopers contract, $1,250,000 for consolidating 
     medical waivers at the INS Service Centers, and $5,565,000 
     for the Complete File Review initiative which is designed to 
     ensure that applicant files are complete at the time of 
     adjudication; and (7) $25,190,000 for beginning one telephone 
     verification center, a record centralization initiative in 
     Missouri, and the indexing and conversion to CD or electronic 
     transfer of INS microfilm images, provided that the INS 
     should consult with the Committees on its proposed spending 
     allocation of these funds prior to the obligation process.


                       OFFSETTING FEE COLLECTIONS

       The conference agreement assumes $1,306,046,000 will be 
     available from offsetting fee collections for INS, instead of 
     $1,570,014,000 as proposed by the House, and $1,560,308,000 
     as proposed by the Senate, to support activities related to 
     the legal admission of persons into the United States. These 
     activities are entirely paid by fees paid by persons who are 
     either traveling internationally or are applying for 
     immigration benefits. The following levels are recommended:
       Immigration Examinations Fees.--The conference agreement 
     assumes $635,700,000 of spending from the Immigration 
     Examinations Fee account resources, instead of $906,000,000 
     as proposed by the House bill, and $905,700,000, as proposed 
     by the Senate bill. The estimated resources in this fee 
     account have decreased by over $275,000,000 during the year 
     from the original estimates due to declining levels of 
     applications. The level provided in the conference agreement 
     takes into consideration this significant decrease in 
     available resources and the $35,000,000 for base restoration 
     in the Examinations Fee account included in the reprogramming 
     proposal from carryover and recoveries.

[[Page H11309]]

       It is noted that even after providing additional resources 
     to offset estimated reductions in the Examinations Fee 
     account, current estimates provided by INS still reflect a 
     deficit between resources and program activities of 
     $160,000,000 in the Examinations Fee account. While there is 
     considerable concern about the lengthy waits, there is also 
     concern about any request by the Department of Justice which 
     calls for a level of spending which, without incorporating 
     program increases, would result in creating a deficit of an 
     estimated $160,000,000. While the INS has proffered to the 
     Committees that it may be able to recover $160,000,000 from 
     unobligated balances and cost-saving measures without cutting 
     into service programs, there is sufficient concern about this 
     assurance that there is a desire to see the money that 
     results from these sources before allowing INS to spend 
     itself into a severe deficit.
       Accordingly, the level of spending assumed in the 
     conference agreement is based on estimated revenues in this 
     account totaling $635,700,000 which includes carryover from 
     fiscal year 1998 revenue projected for fiscal year 1999, 
     recoveries, funds from the legalization fee account which has 
     been merged into this account, proposed fingerprint 
     surcharges, and fees from applications under section 245(i) 
     of the Immigration and Nationality Act, which sunsetted on 
     January 14, 1998.
       Inspections User Fees.--The conference agreement includes 
     $486,071,000 of spending from offsetting collections in this 
     account, instead of $444,290,000 as proposed in the Senate 
     bill, and does not assume the removal of the exemption for 
     cruise ship passengers. The conference agreement assumes a 
     transfer of $29,536,000 from base Salaries and Expenses 
     funding for legal proceedings, Information Resource 
     Management, support and infrastructure. The agreement 
     includes: (1) $17,668,000 for pay and inflation base 
     adjustments; (2) $7,657,000 to provide 100 additional 
     inspectors at airports to maintain the 45-minute standard at 
     airports; (3) $2,069,000, for 60 asylum officers and 20 
     support staff, for the expedited removal process; (4) 
     $1,875,000, and 12 positions, for mandatory detention 
     necessary to support the expedited removal process; (5) 
     $19,520,000, and 217 positions for departure management 
     automation initiatives to monitor the control of aliens 
     departing the United States and to facilitate the pilot of a 
     system of exit controls; (6) $3,961,000, and 16 attorneys, 8 
     legal support, and 10 management support positions, for legal 
     proceedings staffing to support the expedited removal 
     program; (7) $600,000 for 10 officers for an international 
     program to train international airline carrier personnel and 
     other overseas operations in fraudulent document detection 
     and anti-smuggling operations.
       Land Border Inspections Fees.--The conference agreement 
     includes $3,275,000 in spending from the Land Border 
     Inspection Fund, an increase of $232,000 over the current 
     year. The current revenues generated in this account are from 
     Dedicated Commuter Lanes in Blaine and Port Roberts, 
     Washington, Detroit Tunnel and Ambassador Bridge, Michigan, 
     and Otay Mesa, California and Automated Permit Ports which 
     provide pre-screened local border residents border crossing 
     privileges by means of automated inspections. The agreement 
     includes the recommendation in the Senate report relating to 
     the Peace Arch Crossing Entry program.
       Immigration Breached Bond/Detention Account.--The 
     conference agreement includes $176,950,000 in spending from 
     the Breached Bond/Detention Account, instead of $169,870,000 
     as proposed by the House and $201,995,000 as proposed by the 
     Senate. The level of spending assumed in the conference 
     agreement is based on estimated revenues in this account 
     totaling $176,950,000, which includes carryover funds from 
     fiscal year 1998, revenue projected for fiscal year 1998 and 
     assumes the availability of funds from penalty fees from 
     applications under section 245(i) of the Immigration and 
     Nationality Act, which expired on January 14, 1998. Carryover 
     balances from 245(i) fees collected in fiscal year 1998 
     remain in this account for expenditure in fiscal year 1999. 
     The conference agreement assumes $27,061,000 of expenses for 
     alien detention costs provided under the salaries and 
     expenses account will be supported by the carryover estimated 
     to be available from fiscal year 1999. Within the amounts 
     provided, the conference agreement includes funding for the 
     acquisition and installation of video-conferencing equipment 
     at institutional hearing program sites, as proposed in the 
     Senate report.
       Immigration Enforcement Fines.--The conference agreement 
     includes $4,050,000 in spending to support border enforcement 
     activities, instead of $3,800,000, as proposed in the House 
     report. A remote video surveillance system and sensors is 
     included in the agreement, as proposed in the Senate report.
       Other Provisions.--The conference agreement does not 
     include the reduction of the number of employees in the 
     Office of Legislative and Public Affairs, as proposed by the 
     Senate bill; does include the purchase of 3,855 passenger 
     motor vehicles, as proposed in the House bill, instead of 
     2,904 vehicles, as proposed in the Senate bill; includes bill 
     language that prohibits funds from being used for the 
     operation of the San Clemente and Temecula traffic 
     checkpoints unless they are open on a continuous 24 hour 
     basis, as proposed in the House bill; includes a limit on the 
     number of political appointees as proposed in the House bill; 
     and does include an authorization for the Attorney General to 
     impose disciplinary actions on any INS employee who violates 
     Department policies and procedures relative to granting 
     citizenship or who willfully deceives the Congress or 
     Department Leadership, as proposed in the House bill.
       The EB-5, investor visa program, was created to promote 
     investments in businesses and to create and preserve jobs in 
     the United States. It is understood that serious allegations 
     have been made concerning fraudulent activities designed to 
     aid persons in gaining U.S. citizenship pursuant to the EB-5 
     program without making the contributions to U.S. businesses 
     which Congress intended. The Immigration and Naturalization 
     Service (INS) is directed to report to Congress within 90 
     days to propose any legislative remedies that may be 
     necessary to provide the INS with the tools to ensure that a 
     person gaining citizenship pursuant to the EB-5 program has 
     actually made, and is personally liable for, the required 
     investment and is sufficiently involved in the management of 
     the business invested in, consistent with the intent of 
     Congress when the EB-5 program was created.


                              CONSTRUCTION

       The conference agreement includes $90,000,000 for 
     construction for INS, instead of $81,570,000 as proposed in 
     the House bill and $110,251,000 as proposed in the Senate 
     bill. The conference agreement assumes funding of $51,606,000 
     for Border Patrol new construction (including 8 stations or 
     sector headquarters), as proposed in the House report, and 
     $10,900,000 for the Charleston border patrol academy and 
     $4,625,000 for the Artesia, NM law enforcement training 
     center, as proposed in the Senate report; $3,619,000 for 
     various military engineering projects to support the Border 
     Patrol, and $3,875,000 to come from savings within Salaries 
     and Expenses, as is allowed under the bill language in the 
     Salaries and Expenses accounts, to include the Santa Theresa 
     project in the Senate report but not to include the Tucson 
     Checkpoint exit lane project, included in the House report; 
     $5,900,000 for new construction of detention facilities, 
     including $1,000,000 for Port Isabel, $4,000,000 for 
     Florence, and $900,000 for Varick Street; $20,575,000 for 
     maintenance and repair of INS facilities; $4,000,000 for fuel 
     storage tank upgrade and repair; and $4,300,000 for program 
     execution.
       The agreement also includes new bill language prohibiting 
     site acquisition, design, or construction of any Border 
     Patrol checkpoint in the Tucson Sector, which was not 
     included in either the House or the Senate bills.

                         Federal Prison System


                         SALARIES AND EXPENSES

       The conference agreement includes $2,888,853,000 for the 
     salaries and expenses of the Federal Prison System, as 
     proposed in the House bill instead of $2,919,515,000 as 
     proposed in the Senate bill. Of this amount, the conference 
     agreement provides $26,499,000 from the Violent Crime 
     Reduction Trust Fund (VCRTF), as proposed in the House bill, 
     instead of $9,559,000 as proposed in the Senate bill. The 
     conference agreement also assumes that, in addition to the 
     amounts appropriated, $90,000,000 will be available for 
     necessary operations from unobligated balances from the prior 
     year, as proposed by both House and Senate bills, and that 
     should the funds be available in the Department of Justice 
     Working Capital Fund, $23,200,000 will be made available from 
     the Fund.
       The conference agreement includes the commendation to BOP 
     for its operating efficiencies by consolidating and sharing 
     like-services at several multilevel security prison 
     facilities within a prison complex; identifying ways such as 
     telemedicine to reduce health care costs; and voluntarily 
     reducing its authority by 760 positions.
       The conference agreement also includes bill language, as 
     proposed in the House, in lieu of a privatization plan 
     proposed by the Senate, which requires the Bureau of Prisons 
     to conduct a study of private prisons.


                        BUILDINGS AND FACILITIES

       The conference agreement includes $410,997,000 for 
     construction, modernization, maintenance and repair of prison 
     and detention facilities housing Federal prisoners, instead 
     of $413,997,000 as proposed in the House bill and 
     $379,197,000 as proposed in the Senate bill.
       The conference agreement includes funding for construction 
     of three Federal Correctional Institutions and partial 
     funding of a fourth to provide additional capacity to 
     accommodate the space requirements for the transfer of 
     District of Columbia sentenced felons to the Federal Prison 
     System, as mandated by the District of Columbia 
     Revitalization Act, as set forth in the Senate report. The 
     conference agreement also includes $7,000,000 and $2,000,000 
     for the construction of facilities in the Bureau of Prison's 
     Southern region set forth in the Senate report. In addition, 
     the conference agreement includes $10,000,000 for site 
     acquisition, planning, design and initial phases of 
     construction of a new prison at a site in the Northern part 
     of the Bureau of Prison's Mid-Atlantic region, which meets 
     the Bureau of Prison's siting criteria and needs, and where 
     the construction of a prison can be expedited by the 
     completion of an Environmental Impact Statement no later than 
     March 31, 1999. The conference agreement also includes 
     $20,000,000 for additional construction costs of other BOP 
     projects under design.
       The conference agreement includes the review of critical 
     space needs, review site options for higher security prisons 
     both in the

[[Page H11310]]

     western region and other places where the need exists, in 
     accordance with the Senate report. The conference agreement 
     also includes the direction to the Department of Justice to 
     include in its fiscal year 2000 budget a request for at least 
     $300,000,000 for modernization and repair within the Federal 
     Prison System, as indicated in the Senate report. The 
     conference agreement includes the expectation that the Bureau 
     of Prisons participate with the Justice Management Division 
     in the development of a narrowband communications conversion 
     master plan, in accordance with the Senate report.
       It is recognized that significant costs are associated with 
     purchasing electric power for Bureau of Prisons facilities, 
     and that savings may be effected by the use of hydroelectric 
     power. There is an expectation that the Bureau of Prisons 
     explore the possibility of using domestic hydroelectric power 
     to reduce operating costs in its facilities and, by February 
     1, 1999, report to the Committees on Appropriations on its 
     findings and any possible achievable savings.
       Should funds be available in the Department of Justice 
     Working Capital Fund, funds from the Working Capital Fund may 
     be provided for Federal Prison System equipment, and other 
     equipment and automation needs.
       The conference agreement does not include funding for the 
     U.S. Marshals Service construction under this account, which 
     was proposed in the House bill. Instead funding is provided 
     under a separate account as proposed in the Senate bill.

                Federal Prison Industries, Incorporated


                (LIMITATION ON ADMINISTRATIVE EXPENSES)

       The conference agreement includes a limitation on 
     administrative expenses of $3,266,000 for the Federal Prison 
     Industries, as proposed by both the House and Senate bills.

                       Office of Justice Programs


                           JUSTICE ASSISTANCE

       The conference agreement includes $147,151,000 for Justice 
     Assistance, instead of $195,000,000 as proposed in the House 
     bill and $170,151,000 as proposed in the Senate bill. The 
     conference agreement provides the following:

National Institute of Justice...............................$46,148,000
  Defense/Law Enforcement Technology Transfer..............(10,277,000)
  DNA Technology R&D Program....................................(5,000)
Bureau of Justice Statistics.................................25,029,000
Missing Children.............................................17,168,000
Regional Information Sharing System......................\1\ 20,000,000
National White Collar Crime Center............................7,350,000
Grants to Firefighters and Emergency Service Personnel..\2\ (5,000,000)
State and Local Antiterrorism Training..................\2\ (2,000,000)
Counterterrorism Technology............................\2\ (10,000,000)
Management and Administration................................31,456,000
                                                       ________________
                                                       
    Total...................................................147,151,000

\1\ $5,000,000 included in COPS Technology, for a total of $25,000,000.
\2\ Included under the Counterterrorism Fund.

       This statement of managers reflects the agreement of the 
     conferees on how funds provided for all programs under the 
     Office of Justice Programs in this conference report are to 
     be spent.
       National Institute of Justice (NIJ).--The conference 
     agreement provides $46,148,000 for the National Institute of 
     Justice, as proposed in the Senate bill, instead of 
     $52,577,000 as proposed in the House bill. Additionally, 
     $5,200,000 for NIJ research and evaluation on the causes and 
     impact of domestic violence is provided under the Violence 
     Against Women Grants program. The conference agreement adopts 
     the recommendation in the House and Senate reports that 
     provides that within the overall amount provided to NIJ, the 
     Office of Justice Programs is expected to review proposals, 
     provide a grant if warranted, and report to the Committees on 
     Appropriations of the House and the Senate on its intentions 
     regarding: a grant to disseminate the results of the study of 
     the health care status of prison inmates as stated in the 
     House report; $1,500,000 for information technology 
     applications for High Intensity Drug Trafficking Areas; and 
     $1,500,000 for a pilot program with a Department of Criminal 
     Justice Training and a College of Criminal Justice to 
     evaluate how advanced computer-based interactive training 
     systems can enhance training for state and local law 
     enforcement officers; and a grant for the study and 
     development of perfluorocarbon technology.
       Within the total funding for NIJ, the conference agreement 
     includes increased amounts to be made available for the 
     utilization of telemedicine to provide health care for the 
     prison inmate population. It is directed that two pilot 
     programs be developed in conjunction with the Bureau of 
     Prisons and the National Institute of Corrections, in South 
     Carolina, as proposed in the Senate report, and in Eastern 
     Kentucky. In addition to the above amount, $20,000,000 will 
     be provided to NIJ in fiscal year 1999 from the Local Law 
     Enforcement Block Grant for assisting units of local 
     government to identify, select, develop, modernize, and 
     purchase new technologies for use by law enforcement. Within 
     the amount provided, NIJ is expected to provide increased 
     amounts for computerized identification systems and forensic 
     DNA analysis technologies.
       Safe schools initiative [SSI].--The conference agreement 
     supports the concern as expressed in the Senate report 
     regarding the level of violence in our children's schools 
     as evidenced by recent tragic events that have occurred 
     around the Nation. In particular, the incidence of gun 
     violence by juveniles in schools is growing at an alarming 
     rate. To address this issue, the conference agreement 
     adopts the recommendation in the Senate report to include 
     $210,000,000 for a new safe schools initiative [SSI], 
     including funds for prevention and technology. Within this 
     total, $15,000,000 is from the Juvenile Justice At-Risk 
     Children's Program for communities to implement approaches 
     unique to their particular areas; $10,000,000 is from 
     funds available to the National Institute of Justice [NIJ] 
     to develop new, more effective safety technologies such as 
     less obtrusive weapons detection and surveillance 
     equipment and information systems that provide communities 
     quick access to information they need to identify 
     potentially violent youth; $167,500,000 is from the 
     Community Oriented Policing Services [COPS] Program to 
     increase community policing in and around schools; and 
     $17,500,000 is from the COPS Program for programs aimed at 
     preventing violence in schools and community-based 
     organizations.
       Within total funding for NIJ, the conference agreement 
     includes $10,000,000 from available funds to develop new, 
     more effective safety technologies for a safe schools 
     initiative, as proposed in the Senate report.
       Defense/Law Enforcement Technology Transfer.--Within the 
     total amount provided to NIJ, the conference agreement 
     includes $10,277,000 to assist NIJ in its efforts to adopt 
     technologies for law enforcement purposes. Within this 
     amount, $2,800,000 is provided to continue the technology 
     commercialization initiative at the National Technology 
     Transfer Center and the remainder to go for continuation of 
     the law enforcement technology center and other centers 
     funded in the current year.
       DNA Technology Research and Development Program.--Within 
     the amount provided, the conference agreement includes 
     $5,000,000 to develop improved DNA testing capabilities, as 
     proposed in the House and Senate reports.
       Bureau of Justice Statistics.--The conference agreement 
     provides $25,029,000 for the Bureau of Justice Statistics 
     (BJS) for fiscal year 1999, as proposed in the House bill 
     instead of $25,529,000 as proposed by the Senate bill.
       Missing Children.--The conference agreement provides 
     $17,168,000 for the Missing Children Program as proposed in 
     the Senate bill, instead of $12,256,000 as proposed in the 
     House bill. The conference agreement provides a significant 
     increase and expands the missing children initiative included 
     in the fiscal year 1998 conference report for Federal, State, 
     and local law enforcement agencies, and the National Center 
     for Missing and Exploited Children, to address the increasing 
     need to combat crimes against children, particularly 
     kidnapping and sexual exploitation. The conference agreement 
     again consolidates funding under one account for Missing 
     Children programs as proposed in the House and Senate bills. 
     Within the amounts provided the conference agreement assumes 
     funding in accordance with the Senate report including:
       (1) $7,798,000 for the Missing Children program within the 
     Office of Justice Programs, Justice Assistance, including 
     $5,000,000 for State and local law enforcement to continue 
     eight specialized cyber units and to form eight new units to 
     investigate and prevent child sexual exploitation which are 
     based on the protocols for conducting investigations 
     involving the Internet and on-line service providers that 
     have been established by the Department of Justice and the 
     National Center for Missing and Exploited Children; $162,000 
     for highly technical, sophisticated computer crime training 
     for State and local law enforcement; $90,000 for a national 
     teleconference on cybercrime against children; and $75,000 
     for town meetings to focus on cybercrimes against children in 
     local communities around the country;
       (2) $8,120,000 for the National Center for Missing and 
     Exploited Children, of which $1,900,000 is provided for 
     Internet investigations as proposed in the Senate report. The 
     conferees expect the National Center for Missing and 
     Exploited Children to continue to consult with participating 
     law enforcement agencies to ensure the curriculum, training, 
     and programs provided with this additional funding are 
     consistent with the protocols for conducting investigations 
     involving the Internet and on-line service providers that 
     have been established by the Department of Justice. Also 
     included is the following: $180,000 for cybercrime awareness 
     training for law enforcement in every State; $690,000 for 
     expansion and enhancement of the cybertipline, technology 
     upgrades, and enhancement of the exploited child unit; 
     $300,000 for a national survey regarding the exposure of 
     children and youth to unwanted sexual solicitations and 
     pornography on the Internet; and $50,000 to increase staffing 
     at the center's office in Columbia, SC; and
       (3) $1,250,000 for the Jimmy Ryce Law Enforcement Training 
     Center for training of State and local law enforcement 
     officials investigating missing and exploited children cases. 
     The conference agreement includes an increase for expansion 
     of the center to train additional law enforcement officers.

[[Page H11311]]

       The Department is directed to work closely with the 
     National Center for Missing and Exploited Children, schools, 
     and libraries to educate the public about the potential risks 
     of Internet usage. Further, the conference agreement includes 
     the suggestion that the Center create a brief information 
     seminar appropriate for organizations, such as Boys and Girls 
     Clubs of America, who can provide information directly to 
     juveniles. The conference agreement adopts additional Senate 
     report language regarding the significant progress of the 
     National Center for Missing and Exploited Children; the 
     recognition that schools can play a vital role in the 
     identification and recovery of missing children; the problem 
     of the emergence of sex tourism in which glossy brochures and 
     websites advertise packages for travelers complete with 
     airfare, hotel, and directions to local brothels; and the 
     recognition of the key role private organizations can play in 
     combating child abduction.
       Regional Information Sharing System (RISS).--The conference 
     agreement includes $20,000,000 for the RISS program, as 
     proposed in the House bill, instead of $25,000,000 as 
     proposed in the Senate bill. In addition, the conference 
     agreement provides $5,000,000 under the COPS Technology 
     Program for an enhancement to the RISS program to upgrade its 
     communications infrastructure. The conference agreement 
     recognizes that the regional structure of the RISS program is 
     essential to its continued acceptance and support by the 
     state and local law enforcement community and commend OJP for 
     their strong support of this valuable network.
       National White Collar Crime Center.--The conference 
     agreement includes $7,350,000 for the National White Collar 
     Crime Center as proposed in the House bill instead of 
     $5,350,000 as provided in the Senate bill and assumes funding 
     in accordance with the House report.
       Grants to Firefighters.--The conference agreement includes 
     funds under the Counterterrorism Fund.
       State and Local Antiterrorism Training.--The conference 
     agreement includes funds under the Counterterrorism Fund.
       Counterterrorism Technology.--The conference agreement 
     includes funds under the Counterterrorism Fund.
       Management and Administration.--The conference agreement 
     provides $31,456,000 for Management and Administration 
     expenses of the Office of Justice Programs instead of 
     $37,788,000 as proposed in the House bill and instead of 
     $31,956,000 as proposed in the Senate bill. In addition, 
     reimbursable funding from VCRTF programs, the 
     Counterterrorism Fund, and Community Oriented Policing 
     Services and a transfer from the Juvenile Justice account, 
     will be provided for the administration of grants under these 
     activities. Total funding for the administration of grants 
     assumed in the conference agreement is as follows:

------------------------------------------------------------------------
                                                      Amount        FTE 
------------------------------------------------------------------------
Direct Appropriation............................      31,456,000     322
Transfer from Juvenile Justice programs.........       6,947,000      87
Reimbursement from VCRTF........................      47,230,000     387
Reimbursement from COPS.........................       2,500,000      23
Reimbursement from Counterterrorism Fund........       2,000,000      15
                                                 -----------------------
    Total.......................................      90,133,000     834
------------------------------------------------------------------------

       In order to ensure careful stewardship of these resources, 
     and in accordance with the House report, the Assistant 
     Attorney General for the Office of Justice Programs (OJP) 
     submitted a report to the Committees in January of this year, 
     which outlined the steps OJP has taken and which recommends 
     additional actions that will ensure coordination and reduce 
     the possibility of duplication and overlap among the various 
     OJP divisions. As a result of that report, the conference 
     agreement includes a General Provision under this title, as 
     proposed in the Senate bill, which authorizes the Assistant 
     Attorney General for OJP to have final authority over all 
     grants, cooperative agreements, and contracts for OJP and its 
     component organizations. The conference agreement includes 
     the House proposal which directs the Assistant Attorney 
     General of OJP to develop a new organizational structure.


               STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE

       The conference agreement includes $2,921,950,000 for State 
     and Local Law Enforcement Assistance, instead of 
     $2,927,150,000 as proposed in the House bill and 
     $2,676,650,000 as proposed in the Senate bill. Of this 
     amount, the conference agreement provides that $2,369,950,000 
     shall be derived from the Violent Crime Reduction Trust Fund 
     (VCRTF), instead of $2,374,400,000 as proposed in the House 
     bill and $2,124,650,000 as proposed in the Senate bill.
       The conference agreement provides for the following 
     programs from direct appropriations and the VCRTF:

Direct Appropriation:
  Byrne Discretionary Grants................................$47,000,000
  Byrne Formula Grants......................................505,000,000
                                                       ________________
                                                       
    Total Direct Appropriations.............................552,000,000
                                                       ================

Violent Crime Reduction Trust Fund:
  Local Law Enforcement Block Grant.........................523,000,000
    Boys and Girls Clubs...................................(40,000,000)
    Law Enforcement Technology.............................(20,000,000)
  Juvenile Crime Block Grant................................250,000,000
  Indian Tribal Courts Program................................5,000,000
  Drug Courts................................................40,000,000
  Upgrade Criminal History Records (Brady Bill)..............45,000,000
  State Prison Grants.......................................720,500,000
    Cooperative Agreement Program..........................(25,000,000)
    Indian Country Earmark.................................(34,000,000)
    Alien Incarceration...................................(165,000,000)
  State Criminal Alien Assistance Program...................420,000,000
  Violence Against Women Act Programs.......................282,750,000
  Substance Abuse Treatment for State Prisoners..............63,000,000
  DNA Identification State Grants............................15,000,000
  Law Enforcement Family Support Programs.....................1,500,000
  Senior Citizens Against Marketing Scams.....................2,000,000
  Motor Vehicle Theft Prevention..............................1,300,000
  Missing Alzheimer's Patient Program...........................900,000
                                                       ________________
                                                       
    Total, Violent Crime Reduction Trust Fund.............2,369,950,000
                                                       ================


       Edward Byrne Grants to States.--The conference agreement 
     provides $552,000,000 for the Edward Byrne Memorial State and 
     Local Law Enforcement Assistance Program, of which 
     $47,000,000 is for discretionary grants and $505,000,000 is 
     provided for formula grants under this program.
       Byrne Discretionary Grants.--The conference agreement 
     provides $47,000,000 for discretionary grants under Chapter A 
     of the Edward Byrne Memorial State and Local Assistance 
     Program, as proposed in the Senate bill, instead of 
     $47,750,000 as proposed in the House bill. Within the amount 
     provided, the Bureau of Justice Assistance (BJA) is expected 
     to review the following proposals, provide a grant if 
     warranted, and report to the Committees on Appropriations of 
     the House and the Senate on its intentions:
       --$4,000,000 for the National Crime Prevention Council;
       --$1,750,000 to continue the Drug Abuse Resistance 
     Education (DARE America) program. DARE may also apply for a 
     grant to expand its program into middle schools under the 
     COPS Methamphetamine/Drug Hot Spots program as proposed in 
     the House report;
       --$2,250,000 for continued funding for the Washington 
     Metropolitan Area Drug Enforcement Task Force and for 
     development of a regional gang tracking system;
       --$1,000,000 for Project Return to include funds for 
     evaluation of this correctional options program;
       --$1,000,000 for continued funding for the National 
     Judicial College;
       --$1,500,000 to SEARCH Group, Inc. to continue and expand 
     the National Technical Assistance Program, which provides 
     support to State and local criminal justice agencies to 
     improve their use of computers and information technology;
       --$3,150,000 for the National Motor Vehicle Title 
     Information System, authorized by the Anti-Car Theft 
     Improvement Act;
       --$500,000 for continuation of the Santee-Lynches Regional 
     Council of Governments Local Law Enforcement Program;
       --$1,000,000 for the National Neighborhood Crime and Drug 
     Abuse Prevention Program;
       --$925,000 to allow the Utah State Olympic Public Safety 
     Command to continue to develop and support a public safety 
     master plan for the games;
       --$4,500,000 for the Executive Office of United States 
     Attorneys to support the National District Attorneys 
     Association's participation in legal education training at 
     the National Advocacy Center;
       --$3,000,000 for the Community Law Enforcement and Recovery 
     (CLEAR) program, in which city and county law enforcement 
     agencies collaborate with community agencies to target gang 
     leadership and hard-core gang members to remove them from the 
     community;
       --$3,500,000 for Consolidated Advanced Technologies for the 
     Law Enforcement Program at the University of New Hampshire 
     and the New Hampshire Department of Safety;
       --$2,000,000 for a one-time grant to Tools for Tolerance 
     for training for law enforcement officers;
       --$1,500,000 for the New Hampshire Department of Safety for 
     Operation Streetsweeper;
       --$500,000 for the community security program of the Local 
     Initiatives Support Corporation;
       --$1,000,000 for the Ben Clark Public Safety Training 
     program; and
       --$1,000,000 for a Rural Crime Prevention and Prosecution 
     program.
       Within the available resources for Byrne discretionary 
     grants, BJA is urged to review proposals, provide a grant if 
     warranted, and report to the Committees on Appropriations of 
     the House and the Senate on its intentions regarding: 
     demonstration and evaluation of the programs of Haymarket 
     House; Chicago's Family Violence Intervention Program; the 
     National Night Out Program; National Training and Information 
     Center; Lincoln-Lancaster Mediation Center; Trauma Reduction 
     Initiative; National Fraud Information Center; Stop the 
     Violence Program; Light of

[[Page H11312]]

     Life Ministries; Westcare; South Florida Corrections options; 
     Straight and Narrow; Public Safety Training Institute in 
     Missouri; and for necessary trial security expenses for 
     Jasper County, Texas.
       Byrne Formula Grants.--The conference agreement provides 
     $505,000,000 for the Byrne Formula Grant program, as proposed 
     in both the House and Senate bills, from direct 
     appropriations. The conference agreement includes language, 
     as proposed in the House bill, which makes drug testing 
     programs an allowable use of grants provided to States under 
     this program.


              VIOLENT CRIME REDUCTION TRUST FUND PROGRAMS

       Local Law Enforcement Block Grant.-- The conference 
     agreement includes $523,000,000 for the Local Law Enforcement 
     Block Grant program, as proposed in the House bill, instead 
     of $500,000,000 as proposed in the Senate bill, in order to 
     continue the commitment to provide local governments with the 
     resources and flexibility to address specific crime problems 
     in their communities with their own solutions. Within the 
     amount provided, the conference agreement includes language 
     providing $40,000,000 of these funds to the Boys and Girls 
     Clubs of America. In addition, the conference agreement 
     includes language as proposed in the House bill that defines 
     the Commonwealth of Puerto Rico as a unit of local government 
     and includes language from the Senate bill, which designates 
     parish sheriffs as the recipient of block grant funds in 
     Louisiana. There is an awareness of the unique law 
     enforcement system that exists in the State of Louisiana 
     whereby the constitution of the State of Louisiana 
     establishes independent and wholly autonomous parish sheriffs 
     and names the sheriff as the chief law enforcement officer of 
     the constitutionally established law enforcement districts. 
     In addition, the conference agreement extends the set aside 
     for law enforcement technology for which an authorization had 
     expired, as proposed in the Senate bill.
       Juvenile Accountability Block Grant.--The conference 
     agreement provides $250,000,000 for a Juvenile Accountability 
     Incentive Block Grant program to address the growing problem 
     of juvenile crime, as proposed in the House bill and instead 
     of the $100,000,000 as proposed in the Senate bill. The 
     conference agreement includes language that continues by 
     reference the terms and conditions for the administration of 
     the Block Grant contained in the fiscal year 1998 
     appropriations bill, instead of listing those terms and 
     conditions. The conference report does not include a set 
     aside for discretionary grants, as proposed in the Senate 
     bill. It has been brought to the attention of the conferees 
     the special needs of San Bernardino, California, Douglas 
     County, Oregon, Missoula, Montana, Billings, Montana, 
     Montrose, Colorado, the Montrose Juvenile Probation Officers, 
     and the North Dakota Youth Crisis Center.
       Drug Courts.--The conference agreement includes $40,000,000 
     for drug courts as proposed in the Senate bill, instead of 
     $43,000,000 as proposed in the House bill. The conferees note 
     that localities may also obtain funding for drug courts under 
     the Local Law Enforcement Block Grant and the Juvenile 
     Accountability Block Grant.
       Upgrade Criminal History Records (Brady Bill).--The 
     conference agreement provides $45,000,000, as proposed in 
     both the House and Senate bills, for States to upgrade 
     criminal history records as required under the Brady Bill.
       State Prison Grants.--The conference agreement provides 
     $720,500,000 for State Prison Grants, instead of $730,500,000 
     as proposed in the House bill and $711,000,000 as proposed in 
     the Senate bill. Of the amount provided, $496,500,000 is 
     available to States to build and expand prisons, $165,000,000 
     is available to States for the reimbursement cost of 
     incarceration of criminal aliens and $25,000,000 is for the 
     Cooperative Agreement Program. The conference agreement 
     includes $34,000,000 for construction of jails on Indian 
     reservations and adopts House language providing for the new 
     construction of jails and detention facilities and not for 
     repair and maintenance costs of existing facilities, as 
     proposed in the Senate. There is an awareness of the special 
     detention needs at the Barrow Correctional Facility and the 
     Fort Berthold Indian reservation.
       OJP is expected to follow the same priority for funding 
     that exists under the current Bureau of Indian Affairs (BIA) 
     priority list when determining the order in which tribes are 
     allocated funding for detention facility construction 
     projects in Indian Country, if appropriate. The BIA has 
     expended considerable resources to establish these 
     priorities, and it would be a duplication of these efforts to 
     repeat the process.
       State Criminal Alien Assistance Program.--The conference 
     agreement provides a total of $585,000,000 for the State 
     Criminal Alien Assistance Program for reimbursement to States 
     for the costs of incarceration of criminal aliens, as 
     proposed in the House bill, instead of $500,000,000 as 
     proposed in the Senate bill. Of the total amount, the 
     conference agreement includes $420,000,000 under this account 
     for the State Criminal Alien Assistance Program as proposed 
     in the House bill, instead of $350,000,000 as proposed in the 
     Senate bill and $165,000,000 for this purpose under the State 
     Prison Grants program, as proposed by the House bill, instead 
     of $150,000,000 as proposed by the Senate bill.
       The conference agreement includes concerns that OJP has 
     been unable, for various reasons, some beyond their control, 
     to distribute funds within the fiscal year in which they are 
     appropriated. Based on discussions with BJA, State, and 
     localities, OJP-BJA is instructed to use the 1998 data 
     collection and verification process as the basis for 1999 
     awards, as well as 1998 awards, and to make the 1999 awards 
     by September 30, 1999. Announcement of the 1999 program 
     should be made to all eligible States and jurisdictions and 
     any that did not apply in 1998 but desire to apply in 1999 
     shall be allowed to do so. OJP is directed to report back to 
     the Committees by December 31, 1999, regarding the results of 
     this approach.
       If SCAAP funds are not disbursed by August 31 of the fiscal 
     year for which the funds were appropriated, BJA is directed 
     to immediately disburse to all jurisdictions whose prior 
     fiscal year SCAAP award was equal to, or greater than 0.5% of 
     total prior year SCAAP awards an amount equal to 50% of such 
     jurisdiction's prior year award. Such jurisdictions shall be 
     credited for partial disbursements when remaining SCAAP funds 
     are disbursed.
       Violence Against Women Act Programs.--The conference 
     agreement includes $282,750,000 for grants to support the 
     Violence Against Women Act, as proposed in the Senate bill, 
     instead of $279,750,000 as proposed in the House bill. Grants 
     provided under this account are for the following programs:

General Grants.............................................$206,750,000
  Civil Legal Assistance...................................(23,000,000)
  National Institute of Justice.............................(5,200,000)
  D.C. Superior Court Domestic Violence.....................(1,196,000)
  OJJDP-Safe Start Program.................................(10,000,000)
  Violence on College Campuses.............................(10,000,000)
Victims of Child Abuse Programs:
  Court-Appointed Special Advocates...........................9,000,000
  Training for Judicial Personnel.............................2,000,000
  Grants for Televised Testimony..............................1,000,000
Grants to Encourage Arrest Policies..........................34,000,000
Rural Domestic Violence......................................25,000,000
Training Programs.............................................5,000,000
                                                       ________________
                                                       
    Total..................................................$282,750,000

       Within the amount provided for General Grants, the 
     conference agreement includes $23,000,000 exclusively for the 
     purpose of augmenting civil legal assistance programs to 
     address domestic violence, $5,200,000 for research and 
     evaluation of domestic violence programs, $1,196,000 to 
     support an enhanced domestic prosecution unit within the 
     District of Columbia, $10,000,000 for the Safe Start program 
     which provides direct intervention and treatment to youth who 
     are victims, witnesses or perpetrators of violent crimes in 
     order to attempt early treatment, and $10,000,000 to combat 
     violent crime against women on college campuses, the latter 
     as proposed in the Senate report. Within the amounts 
     provided, the Office of Justice Programs should consider the 
     needs of the Aberdeen, SD CASA program.
       The conference agreement includes $10,000,000 within 
     General Grants to expand a project which provides direct 
     intervention and treatment to youth who are victims, 
     witnesses or perpetrators of violent crimes in order to 
     attempt early treatment.
       Substance Abuse Treatment for State Prisoners.--The 
     conference agreement includes $63,000,000 for substance abuse 
     treatment programs within State and local correctional 
     facilities, as proposed in the House and Senate bills.
       Indian Tribal Courts.--The conference agreement includes 
     $5,000,000 to assist tribal governments in the development, 
     enhancement, and continuing operation of tribal judicial 
     systems, as described in the Senate report. These grants 
     should be competitive, based upon the extent and urgency of 
     the need of each applicant. OJP should consider the needs of 
     the Waka Sica Historical Society of South Dakota and the 
     Winnebago Tribe of Nebraska. OJP should report back to the 
     Committees with its proposal as to how the program may be 
     administered before approving any grants.
       DNA Identification State Grants.--The conference agreement 
     includes $15,000,000 for DNA Identification State Grants, as 
     proposed by both the House and Senate bills. Within the 
     amount made available under this program, it is expected that 
     the OJP and the FBI review a proposal, provide a grant if 
     warranted, and report to the Committees on Appropriations of 
     the House and the Senate on its intentions regarding a 
     $2,000,000 grant to the Marshall University Forensic Science 
     Program, and a $1,000,000 grant to the West Virginia 
     University Forensic Identification Program, and a $3,000,000 
     grant to the South Carolina Law Enforcement Division's 
     forensic laboratory. Within the amount made available under 
     this program, the OJP and the FBI should also review the 
     following proposals, and provide a grant if warranted, and 
     report to the Committees on Appropriations of the House and 
     the Senate on its intentions regarding: a forensic science 
     partnership between the Oregon State Police and Western 
     Oregon University; the Southeast Missouri Crime Laboratory; 
     and the National Center for Forensic Science at the 
     University of Central Florida Forensic Center.

[[Page H11313]]

       Law Enforcement Family Support Programs.--The conference 
     agreement includes $1,500,000 for law enforcement family 
     support programs, as proposed by the House bill, instead of 
     $2,000,000 as proposed by the Senate bill.
       Senior Citizens Against Marketing Scams.--The conference 
     agreement includes $2,000,000 for programs to assist law 
     enforcement in preventing and stopping marketing scams 
     against senior citizens, as proposed by both the House and 
     Senate bills, and including program sessions to be held at 
     the National Advocacy Center, as proposed in the Senate 
     report.
       Motor Vehicle Theft Prevention.--The conference agreement 
     includes $1,300,000 for grants to combat motor vehicle theft, 
     instead of $750,000 as proposed in the House bill and instead 
     of $2,000,000 as proposed in the Senate bill.
       Safe Return Program.--The conference agreement includes 
     $900,000 for the Missing Alzheimer's Patient Program, as 
     proposed in both the House and Senate bills and includes the 
     proposal in the Senate report.


                         WEED AND SEED PROGRAM

       The conference agreement includes a direct appropriation of 
     $33,500,000 for the Weed and Seed program, as proposed by the 
     House bill instead of $40,000,000 as proposed by the Senate 
     bill. The conference agreement includes the expectation that 
     $6,500,000 will be made available from the Asset Forfeiture 
     Super Surplus Fund, as proposed in the House bill.

                  Community Oriented Policing Services


                    VIOLENT CRIME REDUCTION PROGRAMS

       The conference agreement includes $1,430,000,000 for the 
     Community Oriented Policing Services (COPS) program, instead 
     of $1,420,000,000 as proposed by the House and $1,440,000,000 
     as proposed by the Senate bill. This statement of managers 
     reflects the conference agreement on how funds provided for 
     all programs under the Community Oriented Policing Services 
     program in this conference report are to be spent.
       Police Corps.--Within the total amount provided, the 
     conference agreement provides $30,000,000 for the Police 
     Corps program, instead of $20,000,000 as proposed by the 
     House bill and $40,000,000 as proposed by the Senate bill. 
     The conference agreement includes the acceptance of a 
     possible move of the Police Corps program from this account 
     to the Office of Justice Programs.
       Management and Administration.--The conference agreement 
     also includes a provision that provides that not to exceed 
     266 positions, 266 workyears, and $32,023,000 shall be 
     expended for management and administration of the program, as 
     proposed in the House bill, instead of 266 positions, 266 
     workyears, and $34,023,000, as proposed in the Senate bill. A 
     request for reprogramming or transfer of funds, pursuant to 
     section 605 of this Act, would be entertained to increase 
     this amount by up to $2,000,000.
       Police Hiring Initiatives.--Funds have been provided since 
     fiscal year 1994 to support grants for the hiring of 88,000 
     police officers. The conference agreement includes funding 
     for an additional 17,000 officer grants, bringing the total 
     number of new police officer grants under this program to 
     105,000, which will exceed the goals of the program before 
     the year 2000. The conference agreement includes the 
     expectation that hiring grants will include grants under the 
     COPS Universal Hiring Program and the COPS MORE program in 
     order to accomplish this goal.
       Safe schools initiative[SSI].--The conference agreement 
     includes $167,500,000 for a safe schools initiative which 
     will provide funding to police departments and sheriff's 
     offices in partnerships with schools and other community-
     based organizations to develop programs to improve the safety 
     of elementary and secondary school children and educators in 
     and around schools and for hiring school resource officers, 
     as proposed in the Senate report. Officers hired under this 
     initiative could be counted toward the COPS office hiring 
     goal of 100,000 officers by the year 2000.
       Indian Country.--The conference agreement includes 
     $35,000,000 to improve law enforcement capabilities on Indian 
     lands, both for hiring uniformed officers and for the 
     purchase of equipment and training for new and existing 
     officers, as proposed by the Senate. Officers hired under 
     this initiative are to be counted toward the COPS office 
     hiring goal of 100,000 officers by the year 2000.
       Special note is made of the need for additional police 
     officers in Jackson, Mississippi.
       Non-Hiring Initiatives.--The conferees understand that the 
     COPS program expects to fund 88,000 officers by the end of 
     the fiscal year 1998, well above the 82,667 officers 
     projected in the fiscal year 1999 President's Budget. The 
     conferees recognize that this is largely due to COPS' 
     determined efforts to streamline its hiring program's grant 
     application and obligation processes. With significant 
     progress being made toward hiring goals of the program, the 
     conferees want to ensure there is adequate infrastructure for 
     the new police officers, similar to the focus that has been 
     provided Federal law enforcement over the past several years. 
     The conferees believe this approach will enable police 
     officers to work more efficiently, equipped with the 
     protection, tools, and technology they need; address crime in 
     and around schools, provide law enforcement technology for 
     local law enforcement, combat the emergence of 
     methamphetamine in new areas and provide policing of ``hot 
     spots'' of drug market activity, provide model initiatives 
     for addressing domestic violence and community prosecutor 
     programs, provide bullet proof and stab proof vests for local 
     law enforcement officers and correctional officers, and 
     provide additional probation and parole officers for the 
     District of Columbia, a new federal responsibility.
       Because the hiring program is ahead of schedule, the 
     conferees understand there are sufficient budgetary resources 
     within the program to support these initiatives and still 
     keep the program on track to hire 100,000 officers by the end 
     of fiscal year 2000. Specifically, the conferees direct the 
     program to use $180,000,000, to be made available from a 
     combination of unobligated carryover balances and the new 
     monies appropriated in this Act for COPS to fund initiatives 
     that will result in more effective policing. The conferees 
     believe that these funds should be used to address these 
     critical law enforcement requirements and direct the program 
     to establish the following non-hiring grant programs:
       1. COPS Technology Program.--The conference agreement 
     includes the direction of $80,000,000 to be used for 
     continued development of technologies and automated systems 
     to assist State and local law enforcement agencies in 
     investigating, responding to and preventing crime. In 
     particular, there is a recognition of the importance of the 
     sharing of criminal information and intelligence between 
     State and local law enforcement to address multi-
     jurisdictional crimes.
       Within the amounts made available under this program, the 
     conference agreement includes the expectation that the office 
     will award grants for the following technology proposals:
       --$9,000,000 for the Southwest Border States Anti-Drug 
     Information System, which will provide for the purchase and 
     deployment of this technology network between all State and 
     local law enforcement agencies in the four southwest border 
     states--California, Arizona, New Mexico, and Texas-to provide 
     information sharing of drug trafficking along the U.S.-Mexico 
     border, by linking criminal and intelligence databases of 
     these States, the El Paso Intelligence Center, and certain 
     components of the Regional Information Sharing System;
       --$5,000,000 to expand the Regional Information Sharing 
     System (RISS) by providing access to law enforcement member 
     agencies to the RISS Secure Intranet to increase their 
     ability to share and retrieve criminal intelligence 
     information on a real-time basis;
       --$10,000,000 for the North Carolina Criminal Justice 
     Information System, to complete development of phase II of a 
     network to integrate data from various criminal justice 
     agencies to meet North Carolina's public safety needs;
       --$7,000,000 to the New Hampshire Department of Public 
     Safety for the development of a pilot intergovernmental VHF 
     trunked digital radio system, including $2,000,000 for phase 
     1 of development of an interoperable law enforcement 
     communications system;
       --$3,000,000 for the I-85 police technology initiative in 
     Anderson, Greenville, and Spartanburg Counties, SC, for 
     computer enhancements and policing equipment upgrades;
       --$1,500,000 for the Alaska juvenile offender management 
     system;
       --$1,100,000 for the Jackson, Mississippi, public safety 
     automated systems and technologies;
       --$100,000 each for establishment of a 911 emergency system 
     in Marshall County and in Moody County, South Dakota;
       --$400,000 for the Fairbanks, Alaska Police Department for 
     computer enhancements and policing equipment upgrades;
       --$2,400,000 for the Anchorage, AK Mobile Data Terminals;
       --$650,000 for Alaskan Village Public Safety Program for 
     technology, equipment, and training programs;
       --$1,000,000 for Utica, New York and surrounding areas for 
     modernizing their equipment;
       --$1,500,000 for Indianapolis, Indiana sheriff's office for 
     modernizing their equipment;
       --$1,500,000 for a demonstration project enabling local law 
     enforcement officers to field-test a portable hand-held 
     digital fingerprint and photo device which would be 
     compatible with NCIC 2000;
       --$50,000 for Riverside, California computer upgrades;
       --$1,000,000 for Allegheny County, Pennsylvania for 
     computer upgrades;
       --$100,000 for Conshohocken, Pennsylvania for computer 
     upgrades;
       --$50,000 for Rockledge, Pennsylvania for computer 
     upgrades;
       --$3,000,000 for videoteleconferencing equipment necessary 
     to assist State and local law enforcement in contacting the 
     Immigration and Naturalization Service to allow them to 
     confirm the identification of illegal and criminal aliens in 
     their custody;
       --$1,000,000 for Gainesville, Florida for computer 
     upgrades;
       --up to $7,000,000, if warranted, for a juvenile justice 
     information system for the Missouri Office of the State 
     Courts Administrator;
       --more than the amount provided in the current fiscal year 
     for the Law Enforcement On-Line system, to add State and 
     local users to a secure national interactive computer 
     communications network currently being developed with the 
     FBI;
       --more than the amount provided in the current fiscal year 
     for the Jefferson Parish, Louisiana Sheriff Department for 
     software

[[Page H11314]]

     development and network capability to enhance radio 
     communications and to develop a model for interconnectivity 
     and interoperability;
       --funding at least at the current year level for Utah 
     Communications Agency Network (UCAN) for enhancements and 
     upgrades of security and communications infrastructure to 
     assist with the law enforcement needs arising from the 2002 
     Winter Olympics;
       --grants for technology to police and sheriff departments 
     in communities that are in need of modernizing their 
     equipment and for which alternative sources of funding are 
     not available, including, if contacted, the communities of 
     Compton, California; Missoula, Montana; Rural Emergency 911 
     Project of New Mexico; Lake County, California; Alhambra, 
     California; and the New Jersey State Police; and, within 
     available resources, for
       --grants for the following programs for which alternative 
     sources of funding are not available, if contacted: the 
     Upgrade of the Criminal History Records Program for crime 
     information and identification systems and for forensic 
     laboratories.
       In addition, the conference agreement includes support for 
     the development of new technologies which enhance the ability 
     of State and local law enforcement to respond to 911 calls. 
     Recent developments with the use of the 311 non-emergency 
     number has shown promising results and the conference 
     agreement supports the use of these funds for this purpose.
       2. COPS Methamphetamine/Drug ``Hot Spots'' Program.--The 
     conference agreement includes the direction of $35,000,000 to 
     be used for State and local law enforcement programs to 
     combat methamphetamine production, distribution, and use, and 
     to reimburse the Drug Enforcement Administration for 
     assistance to State and local law enforcement for proper 
     removal and disposal of hazardous materials at clandestine 
     methamphetamine labs. The monies may also be used for 
     policing initiatives in ``hot spots'' of drug market 
     activity. There is an awareness that the production, 
     trafficking, and usage of methamphetamine, an extremely 
     destructive and addictive synthetic drug, is a growing 
     national problem, particularly in California, the Southwest, 
     and the Midwest. Within the amount provided for this program, 
     the office is expected to award grants for the following 
     methamphetamine or drug programs:
       --$18,200,000 to the California Bureau of Narcotics 
     Enforcement's Methamphetamine Strategy, as proposed in the 
     House report;
       --$1,200,000 for the Tri-State (Iowa/Nebraska/South Dakota) 
     Methamphetamine Training program, as proposed in the House 
     report;
       --$4,000,000 for the Midwest Methamphetamine Initiative, as 
     proposed in the Senate report;
       --$1,000,000 for the Arizona Methamphetamine Initiative, as 
     proposed in the Senate report;
       --$1,000,000 for the Rocky Mountain Methamphetamine 
     Initiative, as proposed in the Senate report;
       --$5,000,000 for DEA support for lab and disposal of 
     clandestine methamphetamine laboratories, as proposed in the 
     Senate report; and
       --$1,000,000 for the Northern Utah Methamphetamine 
     Initiative, as proposed in the Senate report.
       The conference agreement also includes the expectation that 
     the office consider funding a proposal by the Drug Abuse 
     Resistance Education (DARE AMERICA) for pilot programs in 
     middle schools particularly at risk to test the recently 
     agreed upon strategies resulting from consultations between 
     the DARE program and prevention experts to improve the 
     effectiveness of this program. The office is directed to 
     work directly with the OJP, which is familiar with DARE, 
     on this grant proposal.
       3. COPS Safe School Initiative[SSI]/School Violence 
     Initiatives.--The conference agreement includes direction 
     that $17,500,000 be used to provide grants to policing 
     agencies and schools to provide resources for programs aimed 
     at preventing violence in public schools, and to support the 
     assignment of officers to work in collaboration with schools 
     and community-based organizations to address crime and 
     disorder problems, gangs, and drug activities, as proposed in 
     the House report.
       Within the overall amounts recommended for this program, 
     the conference agreement includes the expectation that the 
     COPS office examine each of the following proposals, to 
     provide grants if warranted, and submit a report to the 
     Committees on its intentions for each proposal:
       --$250,000 for a grant to Stop Violence in Youth program to 
     teach elementary school children through role-playing about 
     alternatives to violence;
       --$500,000 for a grant to the Home Run Program to place 
     probation officers in school districts to assist elementary 
     and secondary schools with children beginning to engage in 
     delinquent behavior; and
       --$1,500,000 for a grant to support the Juvenile Anti-
     Violence Demonstration Project of Future Homemakers of 
     America for peer education program on alternatives to 
     violence and crime.
       4. COPS Bullet-proof vests initiative.--The conference 
     agreement includes the direction that $25,000,000 be used to 
     provide State and local law enforcement officers with bullet 
     proof vests, in accordance with Public Law 105-181, recently 
     enacted into law. The conference agreement includes the 
     awareness of the new Internet-based approach which the Office 
     of Justice Program's Bureau of Justice Assistance anticipates 
     taking to administer this program. The conference agreement 
     includes support of both the use of technology to save 
     administrative funds and to get vests to applicants faster 
     and more efficiently. In support of this effort, the 
     conference agreement supports OJP's use of up to $1,200,000 
     for implementation and operation of this new system.
       5. COPS Community Policing to Combat Domestic Violence 
     Program.--The conference agreement includes direction that 
     $12,500,000 be used for the Community Policing to Combat 
     Domestic Violence Program established pursuant to section 
     1701(d) of part Q of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended.
       6. COPS Community Prosecutors.--The conference agreement 
     includes direction that $5,000,000 be used for pilot 
     community prosecutor programs to be administered by the 
     Office of Justice Programs.
       7. COPS D.C. Offender Services.--The conference agreement 
     includes direction that $5,000,000 be used for hiring 
     additional community supervision officers for probation, 
     parole and pre-trial supervision activities and related 
     program support for the District of Columbia Offender 
     Supervision, Defender, and Court Services Agency. Within the 
     amount, $1,250,000 is available for case management 
     information systems.


                       juvenile justice programs

       The conference agreement includes $284,597,000 for Juvenile 
     Justice programs, as proposed in the Senate bill, instead of 
     $282,950,000 as proposed in the House bill. The conference 
     agreement includes the understanding that changes to Juvenile 
     Justice and Delinquency Prevention Programs are being 
     considered in the reauthorization process of the Juvenile 
     Justice and Delinquency Act of 1974. However, absent 
     completion of this reauthorization process, the conference 
     agreement provides funding consistent with the current 
     Juvenile Justice and Delinquency Prevention Act. In addition, 
     the conference agreement includes language that provides that 
     funding for these programs shall be subject to the provisions 
     of any subsequent authorization legislation that is enacted.
       Juvenile Justice and Delinquency Prevention.--Of the total 
     amount provided, $267,597,000 is for grants and 
     administrative expenses for Juvenile Justice and Delinquency 
     Prevention programs including:
       1. $6,847,000 for the Office of Juvenile Justice and 
     Delinquency Prevention (OJJDP) (Part A).
       2. $89,000,000 for Formula Grants for assistance to State 
     and local programs (Part B).
       3. $42,750,000 for Discretionary Grants for National 
     Programs and Special Emphasis Programs (Part C).
       Within the amount provided for Part C discretionary grants, 
     OJJDP is directed to review the following proposals, provide 
     a grant if warranted, and submit a report to the Committees 
     on Appropriations of the House and the Senate on its 
     intentions regarding:
       --$3,000,000 for a grant for Parents Anonymous, which 
     develops partnerships with local communities to build and 
     support strong, safe families and to help break the cycle of 
     abuse and delinquency;
       --$1,500,000 for a grant for the continuation of the Center 
     for Research on Crimes Against Children which focuses on 
     improving the handling of child crime victims by the justice 
     system;
       --$1,300,000 for a grant for the Suffolk University Center 
     for Juvenile Justice, dedicated to representing children in 
     criminal cases in juvenile court and children and parents in 
     civil matters as well as gang related and abuse cases;
       --$2,000,000 for a grant for L.A. Best youth programs;
       --$2,000,000 for a grant for Intensive Services Program for 
     Juveniles and Families;
       --$1,250,000 for a grant for the Teens, Crime and the 
     Community program;
       --$750,000 for a grant for the Delancy Street Foundation;
       --$650,000 for a grant to develop local juvenile justice 
     programs in rural Alaska;
       --$383,000 for a grant for the National Association of 
     State Fire Marshals for implementing national juvenile fire 
     setter intervention mobilization plan, as in the Senate 
     report;
       --$250,000 for a grant for the Juvenile Offender Transition 
     Program, a public/private partnership to reduce the rate of 
     recidivism among juvenile offenders by partnering certain 
     offenders with a local college or university student in a 
     mentoring-protege program;
       --$250,000 for a grant for the Syracuse-Onodaga County Drug 
     and Alcohol Abuse Commission;
       --more than the current year level for a grant for the 
     National Law-Related Education program, if warranted;
       --more than the current year level of funding for a grant 
     for the Hamilton Fish National Institute for School/Community 
     Violence; and
       --more than the current year level of funding for a grant 
     to continue and expand the National Council of Juvenile and 
     Family Courts which provides continuing legal education in 
     family and juvenile law.
       In addition, OJJDP is directed to examine each of the 
     following proposals, provide grants if warranted, and report 
     to the Committees on Appropriations of both the House and 
     Senate on its intentions for each proposal: a grant to the 
     Low Country Children's

[[Page H11315]]

     Center; a grant to Project O.A.S.I.S; a grant to the 
     Consortium on Children, Families, and Law; an increased grant 
     to the Center for Prevention of Juvenile Crime and 
     Delinquency at Prairie View University; a grant to the Women 
     of Vision program for youthful female offenders; a grant for 
     the Violence Institute of New Jersey; a grant for L.A. 
     Bridges youth programs; a grant to the Compton Youth 
     Intervention Center for after school programs; a grant to the 
     Kids with a Promise program; a grant for Operation Quality 
     Time; a grant for the Achievable Dream program; a grant for 
     the Secure School pilot program; a grant for the Youth 
     Advocates program; a grant for the Camden Urban Science 
     Enrichment program; a grant for the Juvenile Crime Reduction 
     Strategies pilot program; a grant for the School Security 
     Technology Center; a grant for the New Mexico Cooperative 
     Service Extension 4-H Youth Development program; a grant for 
     the Adolescent Residential Treatment Program; a grant for the 
     Coalition for Drug Free Lanai; a grant for Youth Courts in 
     Alaska; a grant for the Sioux Falls, SD School District for 
     youth programs; a grant for the South Dakota Unified Judicial 
     System; a grant for the Nebraska Commission for Law 
     Enforcement for youth programs; a grant for the Chicago 
     Public Schools Substance Abuse program; a grant for the 
     Minnehaha, SD County Sheriff's office for youth programs; a 
     grant for the Essex Teen Center and other Vermont Coalition 
     for Teen Center's members; a grant for the Comprehensive 
     Juvenile Justice Crime Prevention initiative in Gainesville; 
     a grant for the Multistate Youth Violence Prevention Network; 
     a grant to the State of Hawaii to combat teen prostitution; 
     and a grant for Safe Places for Kids.
       The conference agreement urges the Office of Juvenile 
     Justice and Delinquency Prevention to work with the Head 
     Start Bureau and other Federal agencies to coordinate an 
     effort to increase public/private partnerships, such as Free 
     to Grow, aimed at strengthening families and communities in 
     their efforts to reduce the negative effect of substance 
     abuse and use on the development of young children.
       4. $12,000,000 to expand the Youth Gangs (Part D) program 
     which provides grants to public and private nonprofit 
     organizations to prevent and reduce the participation of at-
     risk youth in the activities of gangs that commit crimes. In 
     addition, OJJDP is directed to examine each of the following 
     proposals, provide grants if warranted, and report to the 
     Committees on Appropriations of both the House and Senate on 
     its intentions for each proposal: $100,000 for the Metro 
     Denver Gang Coalition; a grant to Operation Clean Break; a 
     grant for the Fairbanks, AK Gang Task Force; and a grant for 
     the Sisseton, SD Gang Task Force.
       5. $10,000,000 for Discretionary Grants for State Challenge 
     Activities (Part E) to increase the amount of a State's 
     formula grant by up to 10 percent, if that State agrees to 
     undertake some or all of the ten challenge activities 
     designed to improve various aspects of a State's juvenile 
     justice and delinquency prevention program.
       6. $12,000,000 for the Juvenile Mentoring Program (Part G) 
     to reduce juvenile delinquency, improve academic performance, 
     and reduce the drop-out rate among at-risk youth through the 
     use of mentors by bringing together young people in high 
     crime areas with law enforcement officers and other 
     responsible adults who are willing to serve as long-term 
     mentors. Within the amount provided OJJDP is directed to 
     provide a grant in an amount greater than the current year 
     level for the Big Brothers Big Sisters of America program.
       7. $95,000,000 for Incentive Grants for Local Delinquency 
     Prevention Programs (Title V), to units of general local 
     government for delinquency prevention programs and other 
     activities for at-risk youth. The Title V program provides 
     funding on a formula basis to States, to be distributed by 
     the State for use by local units of government and locally-
     based public and private agencies and organizations. 
     Administration of these funds on a formula basis ensures 
     fairness in the distribution process.
       Safe School Initiative[SSI].--The conference agreement 
     includes $15,000,000 within the Title V grants for the Safe 
     School initiative as proposed in the Senate report.
       Tribal Youth Program.--The conference agreement includes 
     $10,000,000 within the Title V grants for programs to reduce, 
     control and prevent crime, as proposed in the Senate report.
       Enforcing the Underage Drinking Laws Program.--The 
     conference agreement includes $25,000,000 within the Title V 
     grants for programs to assist States in enforcing underage 
     drinking laws, as proposed in the Senate report, which may 
     include, if warranted, breath alcohol testing mobiles for the 
     Vermont Department of Public Service. Projects funded may 
     include: Statewide task forces of State and local law 
     enforcement and prosecutorial agencies to target 
     establishments suspected of a pattern of violations of State 
     laws governing the sale and consumption of alcohol by minors; 
     public advertising programs to educate establishments about 
     statutory prohibitions and sanctions; and innovative programs 
     to prevent and combat underage drinking.
       Drug Prevention Program. While crime is on the decline in 
     certain parts of America, a dangerous precursor to crime, 
     namely teenage drug use, is on the rise and may soon reach a 
     20-year high. The conference agreement includes $10,000,000, 
     as proposed in the House bill, to develop, demonstrate and 
     test programs to increase the perception among children and 
     youth that drug use is risky, harmful, and unattractive.
       Victims of Child Abuse Act.--The conference agreement 
     includes $7,000,000 for the various programs authorized under 
     the Victims of Child Abuse Act (VOCA), as proposed in the 
     House bill. The following programs are included in the 
     agreement:
       --$1,000,000 to establish Regional Children's Advocacy 
     Centers, as authorized by section 213 of VOCA;
       --$4,000,000 to establish local Children's Advocacy 
     Centers, as authorized by section 214 of VOCA;
       --$1,500,000 for a continuation grant to the National 
     Center for Prosecution of Child Abuse for specialized 
     technical assistance and training programs to improve the 
     prosecution of child abuse cases, as authorized by section 
     214a of VOCA; and
       --$500,000 for a continuation grant to the National Network 
     of Child Advocacy Centers for technical assistance and 
     training, as authorized by section 214a of VOCA.


                    PUBLIC SAFETY OFFICERS BENEFITS

       The conference agreement includes $31,809,000, as proposed 
     by the Senate, instead of $32,309,000, as proposed by the 
     House, in direct appropriations and assumes $4,250,000 in 
     carryover which will fully fund anticipated payments.
       In addition, the conference agreement assumes $3,200,000 in 
     carryover balances for lump-sum payments to public safety 
     officers who are permanently disabled in the line of duty, 
     and $1,050,000 in carryover balances to pay for higher 
     education to dependants of Federal, State and local public 
     safety officers who are killed or permanently disabled in the 
     line of duty.

               General Provisions--Department of Justice

       The conference agreement includes the following general 
     provisions for the Department of Justice:
       Section 101.--The conference agreement includes section 101 
     as proposed by both the House and Senate bills, which makes 
     up to $45,000 of the funds appropriated to the Department of 
     Justice available for reception and representation expenses.
       Sec. 102.--The conference agreement includes section 102 as 
     proposed in the House bill, which continues certain 
     authorities for the Justice Department in fiscal year 1999 
     that were contained in the Department of Justice 
     Authorization Act, fiscal year 1980.
       Sec. 103.--The conference agreement includes section 103 as 
     proposed by both the House and Senate bills, which prohibits 
     the use of funds to perform abortions in the Federal Prison 
     System.
       Sec. 104.--The conference agreement includes section 104 as 
     proposed by both the House and Senate bills, which prohibits 
     use of the funds to require any person to perform, or 
     facilitate the performance of, an abortion.
       Sec. 105.--The conference agreement includes section 105 as 
     proposed by both the House and Senate bills, which states 
     that nothing in the previous section removes the obligation 
     of the Director of the Bureau of Prisons to provide escort 
     services to female inmates who seek to obtain abortions 
     outside a Federal facility.
       Sec. 106.--The conference agreement includes section 106 as 
     proposed by both the House and Senate bills, which allows the 
     Department of Justice to spend up to $10,000,000 for rewards 
     for information regarding acts of terrorism against a United 
     States person or property at levels not to exceed $2,000,000 
     per reward.
       Sec. 107.--The conference agreement includes section 107 as 
     proposed by both the House and Senate bills, which allows the 
     Department of Justice, subject to reprogramming procedures, 
     to transfer up to 5 percent between any appropriation, but 
     limits to 10 percent the amount that can be transferred into 
     any one appropriation.
       Sec. 108.--The conference agreement includes section 108 as 
     proposed in the Senate bill, and similar to language in the 
     House bill, that allows the Bureau of Prisons to make 
     expenditures from the Commissary Fund for an Inmate Telephone 
     System and for other purposes.
       Sec. 109.--The conference agreement includes section 109, 
     as proposed in the House bill, which replaces injury and 
     death-related benefits for INS officers with the same 
     humanitarian expenses given to Federal Bureau of 
     Investigation and Drug Enforcement Administration employees. 
     The Senate bill had no similar provision.
       Sec. 110.--The conference agreement includes section 110, 
     as proposed in the House and Senate bills, which merges the 
     Legalization Account into the Examinations Fee Account.
       Sec. 111.--The conference agreement includes section 111, 
     as proposed in the House bill, which requires the Bureau of 
     Prisons to report on privately operated prison security 
     issues. The Senate bill had no similar provision.
       Sec. 112.--The conference agreement includes section 112 , 
     as proposed in the Senate bill, to authorize the Assistant 
     Attorney General for the Office of Justice Programs (OJP) to 
     have final authority over all grants, contracts, and 
     cooperative agreements for OJP and its component 
     organizations. The House had no similar provision.
       Sec. 113.--The conference agreement includes section 113, 
     as proposed by the Senate

[[Page H11316]]

     bill, which clarifies the term ``tribal'' for the purpose of 
     making grant awards under programs funded in this title so 
     that certain Indian tribes in Alaska may receive funds. The 
     House bill had no similar provision.
       Sec. 114.--The conference agreement includes section 114, 
     as proposed by the Senate, which expands the exemption of 
     cruise ship passengers from inspection fees to include ships 
     which originate from a State but go into international waters 
     or ports. The House bill had no similar provision.
       Sec. 115.--The conference agreement includes a new 
     provision, modified from the Senate bill, authorizing the 
     Attorney General to waive certain Federal acquisition rules 
     and regulations in certain instances related to 
     counterterrorism, national security, or computer crime 
     investigations and prosecutions. The House bill did not 
     address this matter.
       Sec. 116.--The conference agreement includes section 116, 
     modified from the provision in the Senate bill, which changes 
     the implementation date of Section 110(a) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act at the 
     land and sea ports of entry to March 30, 2001, and adds that 
     the system will not significantly disrupt legitimate cross-
     border traffic, instead of repealing the requirement.
       Sec. 117.--The conference agreement includes a new 
     provision, amending the Controlled Substances Act, to change 
     the legal standard for civil violations of recordkeeping 
     requirements for control of licit drugs to a ``negligence'' 
     standard, and reduce the maximum civil penalty to $10,000. 
     The Senate bill proposed changing the standard to ``knowing'' 
     standard, and limiting civil penalties to $500. The House 
     bill did not address this matter.
       The conference agreement provides a balanced approach with 
     respect to record keeping violations with regard to 
     legitimate law enforcement needs and the need to provide 
     relief from enforcement policies which impose relatively high 
     financial penalties for record keeping violations. In 
     assessing whether to pursue civil penalties and determining 
     the appropriate amount of the fine to be assessed associated 
     with record keeping violations, the Attorney General should 
     take into account the following: whether diversion actually 
     occurred or if the record keeping violations are of such a 
     nature that it cannot be determined whether diversion 
     occurred; whether actual or potential harm to the public 
     resulted; whether the violations were intentional or 
     negligent in nature; whether the violations were a first time 
     offense; time intervals between inspections where no or any 
     serious violations were found; whether the violations were 
     multiple occurrences of the same type of violation; whether 
     and to what extent the defendant profited from the illegal 
     activity; and the financial capacity of the defendant to pay 
     the fine assessed. In addition, the Attorney General may take 
     into account whether the violator has taken immediate and 
     effective corrective actions. In appropriate situations, the 
     Attorney General shall act through informal procedures such 
     as warning letters. The civil penalty limit of $10,000 per 
     violation is a ceiling and the Attorney General has the 
     discretion to request and the courts the discretion to waive 
     or impose amounts less than this limit as the circumstances 
     warrant.
       Sec. 118.--The conference agreement includes section 118, 
     as proposed in the Senate bill, directing the General 
     Accounting Office to monitor and report to the Committees on 
     Judiciary and Appropriations about the compliance of the 
     Department of Justice and all U.S. Attorneys with the 
     ``Guidance on the Use of the False Claims Act in Civil Health 
     Care Matters'' issued by the Department of Justice on June 3, 
     1998, including any revisions to that guidance. These reports 
     shall be submitted to Congress no later than February 1, 
     1999, and August 2, 1999. The reports shall be prepared in a 
     manner that does not impede the ongoing investigations of the 
     Department of Justice and its preparation shall be consistent 
     with longstanding DOJ and GAO protocols. It is recommended 
     that the Department of Justice, the Department of Health and 
     Human Services Office of Inspector General, and the Health 
     Care Financing Administration communicate and consult with 
     the health-care-provider community on accurate billing 
     practices, national initiatives, and present and future 
     guidelines.
       Sec. 119.--The conference agreement includes section 119, 
     as proposed by the Senate, which amends Title 18 to expand 
     the definition of firearms safety devices and to require gun 
     dealers to certify that they have made available for sale 
     secure gun storage or safety devices. The House bill had no 
     similar provision.
       Sec. 120.--The conference agreement includes section 120, 
     as proposed by the Senate, which permits the use of Byrne 
     Discretionary Grant funding for firearm safety education 
     programs for criminal justice personnel and the general 
     public. The House bill had no similar provision.
       Sec. 121.--The conference agreement includes section 121, 
     as proposed by the Senate, which amends Title 18 to expand 
     the restrictions on non-citizens purchasing firearms. The 
     House had no similar provision.
       Sec. 122.--The conference agreement includes section 122, 
     as proposed by the Senate, which amends a provision in the 
     criminal code to expand the Attorney General's administrative 
     subpoena authority involving a federal health care offense to 
     also include activities involving federal offenses relating 
     to the sexual exploitation of children. The House bill had no 
     similar provision.
       Sec. 123.--The conference agreement includes section 123 , 
     as proposed by the Senate, which contains technical 
     corrections to a provision which establishes criminal 
     penalties for convicted sexual offenders who are required to 
     register in a State program and fail to do so. The House bill 
     had no similar provision.
       Sec. 124.--The conference agreement includes a provision, 
     modified from the Senate bill, to authorize nursing 
     facilities and home health care agencies to submit requests 
     for fingerprint background checks to the FBI. The House bill 
     contained no similar provision.
       Sec. 125.--The conference agreement includes a new 
     provision to allow the payment of certain relocation expenses 
     for employees of the Departments of Justice and Treasury 
     assigned to Puerto Rico and other U.S. Territories. Neither 
     the House nor Senate bills addressed this matter.
       Sec. 126.--The conference agreement includes a new 
     provision reducing the amounts appropriated under this title 
     by $20,038,000, with reductions to specific accounts in 
     accordance with the chart on Year 2000 compliance funding 
     dated September 17, 1998, provided to Congress by the 
     Department of Justice. It is expected that such Year 2000 
     compliance requirements can be met by accessing a U.S. 
     government-wide fund for Y2K compliance. Neither the House 
     nor Senate bills addressed this matter.
       Sec. 127.--The conference agreement includes section 127, 
     as proposed by the Senate, which prohibits the disclosure of 
     financial records and identifying information of any 
     corrections officer in an action brought by a prisoner. The 
     House had no similar provision.
       Sec. 128.--The conference agreement includes section 128, 
     as proposed by the Senate, which exempts from a numerical 
     limitation the adjustment of status to that of permanent 
     residence pursuant to immigration laws for certain Iraqi 
     nationals moved to Guam by the U.S. government. The agreement 
     does not include the waiver of the filing fee. The House bill 
     had no similar provision.
       Sec. 129.--The conference agreement includes section 129 to 
     amend the Omnibus Crime Control and Safe Streets Act of 1968 
     and the Juvenile Justice and Delinquency Prevention Act of 
     1974 to provide for a uniform definition of the term ``unit 
     of local government''.
       Sec. 130.--The conference agreement includes section 130, 
     that appropriates such sums as may be necessary to the 
     Federal Savings and Loan Insurance Corporation Resolution 
     Fund (FRF) for payments of judgments against the United 
     States and compromise settlements of claims in suits against 
     the United States and compromise settlements of claims in 
     suits against the United States arising from the Financial 
     Institutions Reform, Recovery and Enforcement Act (FIRREA) 
     and its implementation. In addition, this section 
     acknowledges the existing authority for the Federal Deposit 
     Insurance Corporation to transfer funds from the FRF to the 
     Department of Justice to support litigation expenses 
     associated with FIRREA cases, and that funds provided in this 
     Act may not be used for such litigation expenses.

    TITLE II--DEPARTMENT OF COMMERCE AND RELATED AGENCIES TRADE AND 
              INFRASTRUCTURE DEVELOPMENT RELATED AGENCIES

            Office of the United States Trade Representative


                         SALARIES AND EXPENSES

       The conference agreement includes $24,200,000 for the 
     salaries and expenses of the Office of the United States 
     Trade Representative, instead of $24,000,000 as proposed in 
     the House bill, and $24,836,000 as proposed in the Senate 
     bill, an increase of $750,000 above the fiscal year 1998 
     level.
       The conference agreement provides the full request for 
     inflationary adjustments and annualization costs for 14 
     additional personnel provided for in fiscal year 1998. The 
     conference agreement does not provide $140,000 requested for 
     two additional personnel in fiscal year 1999. In addition, 
     $504,000 is not appropriated for Year 2000 compliance 
     activities, and instead it is expected that such requirements 
     can be met by accessing a U.S. Government-wide fund for Year 
     2000 compliance.
       The conference agreement also includes bill language 
     similar to a provision included in the Senate bill, allowing 
     up to $1,000,000 to remain available until expended. The 
     House bill did not provide such authority.

                     International Trade Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $44,495,000 for the 
     salaries and expenses of the International Trade Commission 
     (ITC) for fiscal year 1999, instead of $44,200,000 as 
     proposed in the House bill and $45,500,000 as proposed in the 
     Senate bill. The amount provided includes full funding to 
     maintain operations and staffing at the current level of 396 
     full-time equivalents (FTE), and includes funds for an 
     additional 24 FTE for activities related to sunset reviews 
     required under the Uruguay Round Agreements Act, including 
     litigation and rulemaking support.

                         DEPARTMENT OF COMMERCE

                   International Trade Administration


                     OPERATIONS AND ADMINISTRATION

       The conference agreement includes $286,264,000 in new 
     budgetary resources for

[[Page H11317]]

     the operations and administration of the International Trade 
     Administration for fiscal year 1999, of which $1,600,000 is 
     derived from fee collections, instead of $283,123,000 as 
     proposed by the House bill, and $309,314,000 as recommended 
     in the Senate bill. In addition to this amount, the 
     conference agreement assumes $6,000,000 in prior year 
     carryover and $10,493,000 from excess revenues available from 
     prior years for trade activities, resulting in a total fiscal 
     year 1999 availability of $302,757,000.
       The following table reflects the distribution of funds by 
     activity included in the conference agreement:

Trade Development...........................................$59,280,000
Market Access and Compliance.................................17,779,000
Import Administration........................................31,047,000
U.S. & F.C.S................................................182,736,000
Executive Direction and Administration.......................11,915,000
Fee Collections.............................................(1,600,000)
Carryover/Trade Show Revenue...............................(16,493,000)
                                                       ________________
                                                       
    Total, ITA..............................................284,664,000

       ITA is directed to follow the direction included in the 
     House report regarding submission of a spending plan, as well 
     as guidance regarding changes in the funding distribution 
     provided for this under this account.
       Trade Development (TD).--The conference agreement provides 
     $59,280,000 for this activity. Of the amounts provided, 
     $47,325,000 is for the TD base program, the full amount 
     requested, and $1,200,000 is for a new trade statistics 
     improvement initiative as described in the House report. In 
     addition, within the amounts provided, $7,500,000 is for the 
     National Textile Consortium, and $2,500,000 is provided for 
     the Textile/Clothing Technology Corporation. Further, the 
     conference agreement includes continued funding for the 
     Access Mexico program at the level recommended in the Senate 
     report, and provides $500,000 for continuation of the 
     international global competitiveness initiative recommended 
     in the House report.
       Market Access and Compliance (MAC).--The conference 
     agreement includes a total of $17,779,000 for this activity, 
     the full amount requested for the base program. The conferees 
     have not provided additional funds for specialized activities 
     previously supported by the Agency for International 
     Development (AID). Should ITA wish to integrate these 
     specialized activities into its regular programs, a 
     reprogramming should be submitted in accordance with section 
     605 of this Act.
       Import Administration.--The conference agreement provides 
     $31,047,000 for the Import Administration. ITA is directed to 
     submit a report to the Committees on Appropriations on 
     related party importers no later than February 1, 1999 in 
     accordance with the direction included in both the House and 
     Senate reports.
       U.S. and Foreign Commercial Service (U.S. & FCS).--The 
     conference agreement includes $182,736,000 for the programs 
     of the U.S. & FCS, an increase of $11,666,000 over the fiscal 
     year 1998 funding level. Within the increase provided, 
     $7,666,000 is for requested adjustments to base, and 
     $3,000,000 is for increased staffing at domestic and overseas 
     field offices. The amounts provided are to be used to support 
     no less than 1,256 full-time equivalents (FTE) for the U.S. & 
     FCS in fiscal year 1999, an increase of 7 FTE above the 
     request, and ITA is directed to submit a plan for the 
     allocation of these resources no later than December 15, 
     1998, in accordance with the direction included in the House 
     report. In addition, within the amounts provided, $1,000,000 
     is for continuation of the Rural Export Initiative at its 
     current level.
       Executive Direction and Administration.--The conference 
     agreement includes $11,915,000 for the administrative and 
     policy functions of the ITA. Further, ITA is expected to 
     follow the direction included in the House report regarding 
     support for Departmental trade activities.
       ITA should also follow the direction included in the House 
     report regarding trade missions, and the direction in the 
     Senate report regarding the establishment of a foreign 
     currency exchange rate account.

                         Export Administration


                     OPERATIONS AND ADMINISTRATION

       The conference agreement includes $52,331,000 for the 
     Bureau of Export Administration (BXA), instead of $47,777,000 
     as proposed in the House bill, and $45,496,000 as proposed in 
     the Senate bill. The conference agreement assumes $2,000,000 
     will be available from prior year carryover, resulting in 
     total availability of $48,331,000. Of this amount, 
     $23,646,000 is for Export Administration; $21,505,000 is 
     for Export Enforcement; and $3,180,000 is for Management 
     and Policy Coordination.
       The conferees note that over the last two years, BXA has 
     received $1,800,000 in increased funding for additional 
     responsibilities resulting from the transfer of certain 
     export control functions from the Department of State. The 
     conferees understand that the National Defense Authorization 
     Act of 1999 transfers these responsibilities back to the 
     Department of State, thus eliminating these additional 
     duties. Therefore, while the conference agreement does not 
     include $1,729,000 for requested program increases for Export 
     Enforcement, BXA is expected to submit a reprogramming in 
     accordance with section 605 of this Act reallocating 
     resources to the highest priority enforcement activities 
     within BXA.
       In addition, the conference agreement provides $2,650,000 
     for Chemical Weapons Convention implementation activities, 
     instead of $3,503,000 as requested, due to continued delays 
     in the enactment of implementation legislation.
       The conference agreement also includes bill language, as 
     proposed in the House bill, requiring congressional 
     notification prior to the processing of licenses for the 
     export of satellites systems to the People's Republic of 
     China. The conferees expect such notifications to be made 
     jointly with the Department of State.
       Presidential Decision Directive 63 (PDD-63) recommended 
     that BXA assume responsibility for the Critical 
     Infrastructure Assurance Office (CIAO) in fiscal year 1999. 
     The CIAO provides the policy and coordination support for the 
     President's Critical Infrastructure Protection Initiative. 
     While the budget requested that the CIAO be funded through 
     the Department of Justice Counterterrorism Fund, the 
     conference agreement does not allow for the expansion of this 
     Fund to pay for the operational costs of other Federal 
     agencies participating in this government-wide initiative. 
     Instead, the conference agreement includes $6,000,000 for the 
     CIAO within the Department of Commerce. However, protection 
     of our nation's critical infrastructure should be a priority 
     for all Federal agencies, and as such, should be reflected 
     within each agency's budget. Therefore, while the conference 
     agreement includes additional funds to pay the costs for all 
     agencies' participation in the CIAO, future budget requests 
     shall be consistent with the recommendations of PDD-63 which 
     requires each agency to provide support to the CIAO on a non-
     reimbursable basis.

                  Economic Development Administration


                ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS

       The conference agreement includes $368,379,000 for the 
     Economic Development Administration grant programs as 
     proposed in the House bill, instead of $279,934,000 as 
     proposed in the Senate bill. EDA is expected to allocate this 
     funding in accordance with the distribution and direction 
     included in the House report.


                         SALARIES AND EXPENSES

       The conference agreement includes $24,000,000 for salaries 
     and expenses for the EDA, instead of $25,000,000 as proposed 
     in the House bill, and $21,761,000 included in the Senate 
     bill. In addition, the conference agreement assumes EDA will 
     have up to $3,500,000 in prior year carryover available under 
     this account, resulting in a total availability of 
     $27,500,000. The conference agreement does not include funds 
     to allow EDA to hire Brownfields technicians and trade 
     specialists. Instead, the funds provided are to be used to 
     support the traditional EDA programs, with priority given to 
     ensuring a fully staffed field component.

                  Minority Business Development Agency


                     MINORITY BUSINESS DEVELOPMENT

       The conference agreement includes $27,000,000 for the 
     programs of the Minority Business Development Agency (MBDA), 
     instead of $25,276,000 included in the House bill and 
     $25,196,000 included in the Senate bill. The conference 
     agreement assumes that MBDA will continue its support for the 
     Entrepreneurial Technology Apprenticeship Program at the 
     current level, as directed in the House report.

                ECONOMIC AND INFORMATION INFRASTRUCTURE

                   Economic and Statistical Analysis


                         SALARIES AND EXPENSES

       The conferees have provided $48,490,000 for salaries and 
     expenses of the activities funded under the Economic and 
     Statistical Analysis account, instead of $48,000,000 as 
     proposed in the House bill and $48,981,000 included in the 
     Senate bill. The conference agreement adopts the directive 
     included in the House report regarding the Integrated 
     Environmental-Economic Accounting or ``Green GDP'' 
     initiative.


         ECONOMICS AND STATISTICS ADMINISTRATION REVOLVING FUND

       The conference agreement does not include language, 
     contained in the Senate bill, providing authority for the 
     operation and financing of this Fund, as such authority has 
     been made permanent.

                          Bureau of the Census


                         SALARIES AND EXPENSES

       The conference agreement includes $136,147,000 for the 
     Bureau of the Census Salaries and Expenses account, instead 
     of $140,147,000 as proposed in the House bill, and 
     $141,259,000 as proposed in the Senate bill. The conference 
     agreement does not include $10,000,000 for base requirements 
     related to Year 2000 compliance, and instead assumes this 
     requirement will be met by accessing funds that are expected 
     to be provided separately through a U.S. Government-wide Year 
     2000 compliance fund. Therefore, within the amounts provided, 
     $4,346,000 is appropriated for continued implementation of 
     the North American Industry Classification System, as 
     proposed in the House bill. Due to overall funding 
     constraints, the conference agreement does not provide 
     additional program increases for an initiative recommended in 
     the House bill to improve data collection for Gross Domestic 
     Product estimates. However, the conferees are supportive of 
     this initiative and look forward to working with the Bureau 
     in the future to address this matter.

[[Page H11318]]

       The Bureau is expected to follow the direction included in 
     both the House and Senate reports regarding full 
     reimbursement for any non-core survey requested by any other 
     Federal agency or private organization, as well as the 
     guidance included in the House report regarding the Single 
     Audit Clearinghouse database.


                     PERIODIC CENSUSES AND PROGRAMS

       The conference agreement provides $1,186,902,000 for the 
     Census Bureau's Periodic Censuses and Programs account, 
     instead of $1,111,887,000 as proposed in the House bill, 
     $998,626,000 as recommended in the Senate bill, and 
     $1,027,784,000 as requested in the budget.
       Decennial Census.--The recommendation includes 
     $1,026,936,000 as a separate appropriation under this account 
     for fiscal year 1999 for decennial census programs, instead 
     of $951,936,000 as recommended in House bill, $845,246,000 as 
     provided in the Senate bill, and $848,503,000 as requested in 
     the budget. The conference agreement does not include 
     $10,900,000 for base requirements related to Year 2000 
     compliance, and instead assumes this requirement will be met 
     by accessing funds that are expected to be provided 
     separately through a U.S. Government-wide Year 2000 
     compliance fund. Therefore, the conference agreement provides 
     a total of $189,333,000 above the request to ensure that the 
     Census Bureau is fully prepared to implement the 2000 
     decennial census. The conference agreement provides funds in 
     accordance with the distribution in the House report, with 
     the following additions above the House allowance: (1) an 
     additional $23,000,000 for the cost associated with staffing 
     all Census offices in fiscal year 1999; (2) an additional 
     $17,000,000 for the costs associated with promotion, 
     marketing, and outreach activities; and (3) $35,000,000 for 
     the costs associated with modifying the census questionnaire 
     and related data capture systems to accommodate a six person 
     questionnaire.
       The conference agreement also appropriates $4,000,000 for 
     the bipartisan Census Monitoring Board in accordance with 
     section 210 of Public Law 105-119, as included in the House 
     bill. The Senate bill did not recommend funding for the 
     Board.
       Other Periodic Programs.--The conference agreement includes 
     $155,966,000 for non-decennial census periodic programs, 
     instead of $155,951,000 as proposed in the House bill, and 
     $153,955,000 as proposed in the Senate bill, as follows:

Economic Censuses...........................................$50,546,000
Census of governments.........................................3,735,000
Intercensal Demographic estimates.............................5,260,000
Continuous measurement.......................................20,000,000
Sample redesign...............................................4,478,000
Electronic Information Collection.............................7,457,000
Geographic support...........................................41,742,000
Data processing systems......................................22,748,000
                                                       ________________
                                                       
    Total...................................................155,966,000

       Economic Statistic Programs.--The conference agreement 
     provides $54,281,000 for Economic Censuses and the Census of 
     Governments. Should additional funds be required for these 
     activities, a reprogramming should be submitted in accordance 
     with section 605 of this Act.
       Continuous Measurement.--The Bureau is expected to address 
     the concerns expressed in both the House and Senate reports 
     regarding this program, and is directed to comply with the 
     direction included in both reports on this matter.

       National Telecommunications and Information Administration


                         SALARIES AND EXPENSES

       The conference agreement includes $10,940,000 for the 
     National Telecommunications and Information Administration 
     (NTIA) salaries and expenses as proposed in the House bill, 
     instead of $10,898,000 as proposed in the Senate bill. In 
     addition, the conference agreement assumes that NTIA will 
     receive an additional $19,271,000 through reimbursements from 
     other agencies for the costs of providing spectrum 
     management, analysis and research services to those agencies.


    PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND CONSTRUCTION

       The conference agreement includes $21,000,000 for the 
     Public Telecommunications Facilities, Planning and 
     Construction (PTFP) program as proposed in the House bill, 
     instead of $20,889,000 as proposed in the Senate bill. NTIA 
     is expected to use this funding for the existing equipment 
     and facilities replacement program, and to maintain an 
     acceptable balance between traditional grants and those to 
     stations converting to digital broadcasting.
       The conference agreement allows up to $1,800,000 of this 
     amount to be used for program administration, as provided in 
     the House bill, instead of $1,500,000 recommended in the 
     Senate bill. The conference agreement contains language, 
     similar to a provision carried in fiscal year 1998, making 
     the Pan-Pacific Education and Communications Experiments by 
     Satellite (PEACESAT) program eligible to compete for funding 
     under this account. Neither the House nor Senate bills 
     included this provision.


                   INFORMATION INFRASTRUCTURE GRANTS

       The conference agreement includes $18,000,000 for NTIA's 
     Information Infrastructure Grant program, instead of 
     $16,000,000 as recommended in the House bill, and $19,989,000 
     as recommended in the Senate bill.
       The Senate bill increased funds for this account through an 
     across-the-board reduction in other accounts in this title 
     which has not been adopted in the conference agreement. It is 
     anticipated that implementation of the universal service 
     funds requirements of the Telecommunications Act of 1996 will 
     reduce the funding requirements under this account. The 
     conference agreement also contains bill language, as proposed 
     in Section 215 of the Senate bill, to prohibit funds under 
     this account from being used to support activities for which 
     funding is provided through other programs. The House bill 
     did not address this matter.
       Bill language is also included, as proposed in the House 
     bill, as follows: (1) allowing funds to be used for certain 
     purposes; (2) designating $3,000,000 for program 
     administration; and (3) allowing not to exceed five percent 
     of the total amount provided to be used for certain 
     telecommunications research activities. The Senate bill did 
     not address these matters.

                      Patent and Trademark Office


                         SALARIES AND EXPENSES

       The conference agreement provides a total funding level of 
     $785,526,000 for the Patent and Trademark Office (PTO) in 
     fiscal year 1999, as proposed in the House bill, instead of 
     $782,523,000 as recommended in the Senate bill. Of this 
     amount, $745,026,000 is to be derived from fiscal year 1999 
     offsetting fee collections, and $40,500,000 is to be derived 
     from carryover of prior year fee collections. This amount 
     represents an increase of $80,623,000, or 11%, above the 
     fiscal year 1998 operating level of the PTO. Bill language is 
     included, similar to that contained in the House bill, 
     providing for the collection and expenditure of fees pursuant 
     to current statutory authority. In addition, new language is 
     included to extend the current patent fee schedule in fiscal 
     year 1999, until such time as legislation is enacted to 
     establish a new fee schedule. This language is required 
     because of the delay in enactment of necessary authorization 
     legislation to reestablish a fee structure to provide for 
     PTO's operational needs.
       The conference agreement does not include language, as 
     proposed in the Senate bill, concerning build-out and 
     relocation costs associated with the consolidation of PTO's 
     headquarters. The House bill contained no similar provisions. 
     In fiscal year 1999, the PTO is expected to enter into a 
     lease agreement to consolidate their offices. This relocation 
     is to be completed in 2001. Concerns have been raised about 
     the potential cost of finishing and furnishing this new 
     facility. However, the request for funds for these purposes 
     is not anticipated to begin until fiscal year 2001. 
     Therefore, the conference agreement does not address this 
     issue, and instead consideration of such limitations has been 
     deferred until such time as the funds are requested by the 
     agency and such needs can be analyzed.
       The PTO is expected to follow the direction included in the 
     House report concerning its partnership with the National 
     Inventor's Hall of Fame and Inventure Place, as well as the 
     direction included in the Senate report regarding the 
     establishment of an intellectual property database.

                         SCIENCE AND TECHNOLOGY

                       Technology Administration


       UNDER SECRETARY FOR TECHNOLOGY/OFFICE OF TECHNOLOGY POLICY

                         SALARIES AND EXPENSES

       The conference agreement includes $9,495,000 for the 
     Technology Administration (TA), instead of $9,000,000 as 
     proposed in the House bill, and $9,955,000 as proposed in the 
     Senate bill. Of this amount, $2,300,000 is for the 
     Experimental Program to Stimulate Competitive Technology 
     (EPSCoT), and bill language is included making a portion of 
     these funds available for two years. As recommended in the 
     Senate report, TA is expected to allow New Hampshire to 
     compete for funding under the EPSCoT program. In addition, TA 
     is expected to continue its efforts to implement its plan for 
     the program. In addition, TA is directed to follow the 
     direction included in the House regarding support for foreign 
     policy initiatives.

             National Institute of Standards and Technology


             SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

       The conference agreement includes $280,136,000 for the 
     internal (core) research account of the National Institute of 
     Standards and Technology, instead of $280,470,000 as proposed 
     in the House bill, and $290,482,000 as proposed in the Senate 
     bill.
       The conference agreement provides funds for the core 
     research programs of NIST as follows:

Electronics and Electrical Engineering......................$38,427,000
Manufacturing Engineering....................................19,368,000
Chemical Science and Technology..............................32,493,000
Physics......................................................28,434,000
Material Sciences and Engineering............................51,335,000
Building and Fire Research...................................14,898,000
Computer Science and Applied Mathematics.....................43,943,000
Technology Assistance........................................17,131,000
Baldrige Quality Awards.......................................4,870,000
Research Support.............................................29,237,000
                                                       ________________
                                                       
    Total, STRS.............................................280,136,000

       The conference agreement includes full funding for all base 
     activities for the internal research programs of NIST, and 
     includes

[[Page H11319]]

     selected program increases for the highest priority programs, 
     as follows: (1) $1,800,000 for semiconductor metrology; (2) 
     $1,200,000 to continue the disaster research program on 
     effects of windstorms on protective structures and other 
     technologies begun in fiscal year 1998; (3) $2,500,000 for 
     increased support for international standards activities; and 
     (4) $1,800,000 to expand the Malcolm Baldrige Quality Awards 
     program to health care and education. NIST is directed to 
     follow the guidance included in the House report regarding 
     the placement of NIST personnel overseas.
       The conference agreement includes bill language allowing up 
     to $1,625,000 of amounts available under this account to be 
     transferred to the NIST Working Capital Fund, as proposed in 
     the Senate bill, instead of $1,800,000 as recommended in the 
     House bill.


                     INDUSTRIAL TECHNOLOGY SERVICES

       The conference agreement includes $310,300,000 for the NIST 
     external research account instead of $287,000,000 as proposed 
     in the House bill and $299,142,000 as proposed in the Senate 
     bill.
       Manufacturing Extension Partnership Program.--The 
     conference agreement includes $106,800,000 for the 
     Manufacturing Extension Partnership Program (MEP) as proposed 
     in both the House and Senate bills, the full amount 
     requested, to be distributed in accordance with the direction 
     included in the House report. NIST is directed to comply with 
     the direction included in the Senate report regarding an 
     independent evaluation of the MEP program.
       As recommended in the House bill, language is included 
     waiving the statutory six-year limitation on Federal funding 
     for each MEP Regional Center, subject to certain conditions, 
     as requested in the budget. The Senate bill contained a 
     similar waiver provision. Language is not included allowing 
     up to $300,000 of the funds provided to the MEP program to be 
     transferred to the NIST Working Capital Fund, as proposed in 
     the Senate bill.
       Advanced Technology Program.--The conference agreement 
     includes $203,500,000 for the Advanced Technology Program 
     (ATP), as recommended in the Senate bill, instead of 
     $180,200,000 as proposed in the House bill. The 
     recommendation provides the following: (1) $120,200,000 for 
     continued funding requirements for awards made in fiscal 
     years 1996, 1997, and 1998 to be derived from $96,400,000 in 
     fiscal year 1999 funding and $23,800,000 from excess balances 
     available from prior years; (2) $66,000,000 for new awards in 
     fiscal year 1999; and (3) $41,100,000 for administration, 
     internal NIST lab support and Small Business Innovation 
     Research requirements. NIST is expected to comply with the 
     direction included in the House report regarding 
     reprogramming requirements and review of the current mortgage 
     estimation formula, as well as the direction included in the 
     Senate report regarding an outside assessment of this 
     program. In addition, language is included in the bill 
     designating the amounts available for new ATP awards, similar 
     to language included in both the House and Senate bills.


                  CONSTRUCTION OF RESEARCH FACILITIES

       The conference agreement provides $56,714,000 for 
     construction, renovation and maintenance of NIST facilities, 
     as proposed in the House bill, instead of $56,684,000 
     included in the Senate bill. NIST is expected to follow the 
     direction included in both the House and Senate reports 
     regarding construction of the Advanced Metrology Laboratory. 
     In addition, bill language is included making $40,000,000 of 
     the funds provided in this account available upon submission 
     of a spending plan in accordance with Section 605 of this 
     Act.

            National Oceanic and Atmospheric Administration

       The conference agreement provides a total funding of 
     $2,166,001,000 for all programs of the National Oceanic and 
     Atmospheric Administration (NOAA), instead of $2,009,861,000 
     as proposed by the House, and $2,201,167,000 as proposed by 
     the Senate. Of these amounts, the conferees have included 
     $1,579,844,000 in the Operations, Research, and Facilities 
     (ORF) account, $584,677,000 in the Procurement, Acquisition 
     and Construction (PAC) account, and $1,480,000 in other NOAA 
     accounts.


                  OPERATIONS, RESEARCH, AND FACILITIES

                     (INCLUDING TRANSFERS OF FUNDS)

       The conference agreement includes $1,579,844,000 for the 
     Operations, Research, and Facilities account of the National 
     Oceanic and Atmospheric Administration instead of 
     $1,470,042,000 as proposed by the House and $1,612,027,000 as 
     proposed in the Senate bill.
       In addition to the new budget authority provided, the 
     conference agreement allows a transfer of $63,381,000 from 
     balances in the account titled ``Promote and Develop Fishery 
     Products and Research Related to American Fisheries,'' as 
     proposed in the House bill, instead of $63,073,000 as 
     proposed by the Senate. This amount will support an estimated 
     $4,177,000 Saltonstall-Kennedy grant program. The total 
     amount provided also includes a transfer of $4,714,000 from 
     the Damage Assessment Revolving Fund, as included in the 
     budget request. In addition, the conference agreement 
     reflects prior year deobligations totaling $33,000,000.
       The conference agreement does not include language proposed 
     in the House bill designating the amounts provided under this 
     account for the six NOAA line offices. The Senate bill 
     contained no similar provision. Language is not included as 
     proposed by the House designating amounts available for 
     certain administrative support functions and common services, 
     as well as language regarding the use of deobligations. The 
     Senate bill did not address this matter. Instead, NOAA is 
     expected to work with the Committees on Appropriations to 
     address these matters in the context of complying with the 
     direction included in the House report regarding the 
     development of a revised budget structure for NOAA. Further, 
     NOAA is expected to comply with the direction included in the 
     House report to rectify financial and budgetary management 
     deficiencies.
       The conference agreement includes modified language 
     limiting administrative charges levied against certain 
     activities assigned in the conference report to only the 
     direct costs associated with administering these activities. 
     It has become apparent that certain administrative charges 
     and assessments have been applied against activities assigned 
     in previous House, Senate and conference reports, and this 
     language is included to eliminate the practice of applying 
     non-specific charges against these assigned activities. While 
     there are legitimate administrative expenses such as 
     accounting, audit and travel costs associated with 
     administering such activities, NOAA is directed to diligently 
     monitor these expenses. Further, such expenses are limited to 
     no more than five percent. In addition, NOAA is directed to 
     report to the Committees on Appropriations no later than 
     December 15, 1998, the list of these assigned activities and 
     the anticipated direct charges to be applied. This language 
     and direction is intended to ensure that congressional intent 
     is carried out while recognizing the legitimate expenses of 
     the agency in carrying out these assigned activities. This 
     language is not intended to affect assessments charged to 
     NOAA line organizations for centrally administered common 
     services and administrative support discussed in the previous 
     paragraph.
       The conference agreement does not include $22,281,000 in 
     controversial new fisheries and navigation safety fees, as 
     proposed in the budget request. While fees are appropriate to 
     support certain activities within NOAA, such proposals will 
     only be accepted if they are carefully developed with input 
     from all interested and affected parties, and in consultation 
     with the Congress.
       NOAA Commissioned Corps.--The conference agreement includes 
     language setting the ceiling on the number of commissioned 
     corps officers in fiscal year 1999 at not more than 250 by 
     September 30, 1998, instead of a ceiling of 240 officers as 
     included in the House bill. The Senate bill did not include a 
     similar provision. On June 17, 1998, the Administration took 
     action to resolve the uncertainty regarding the future of the 
     NOAA Corps by announcing its decision to continue the NOAA 
     Corps. As part of this decision, NOAA proposed a series of 
     management changes to realign the NOAA Corps staffing 
     structure to emphasize ship and aircraft services and 
     support; and to conduct periodic reviews of Corps staffing 
     needs as ships and aircraft are decommissioned and mission 
     requirements change. NOAA is encouraged to implement its 
     proposal, as well as to begin recruiting new Corps officers 
     to resolve current imbalances in the complement of NOAA Corps 
     officers, and to report back to the Committees on 
     Appropriations by December 15, 1998 on the status of these 
     efforts.
       Except for the additional funding described under the 
     heading ``Other'' at the end of this account, the following 
     table reflects the distribution of the funds provided in this 
     conference agreement:

     NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, OPERATIONS, RESEARCH AND FACILITIES, FISCAL YEAR 1999     
----------------------------------------------------------------------------------------------------------------
                                                                          Fiscal year--                         
                                                ----------------------------------------------------------------
                                                     1998         1999                                   1999   
                                                   enacted      request     1999 House  1999 Senate   conference
----------------------------------------------------------------------------------------------------------------
             NATIONAL OCEAN SERVICE                                                                             
                                                                                                                
Navigation Services:                                                                                            
    Mapping and Charting.......................      30,100       30,100       31,000       32,000       34,260 
    Address Survey Backlog.....................      13,900        8,500       16,000        8,500       14,000 
                                                ----------------------------------------------------------------
      Subtotal.................................      44,000       38,600       47,000       40,500       48,260 
    Geodesy....................................      20,700       19,159       19,159       20,659       19,659 
    Tide and Current Data......................      11,350       11,000       12,000       11,000       12,000 
    Acquisition of Data........................      14,546       14,546       14,546       14,546       14,546 
                                                ----------------------------------------------------------------

[[Page H11320]]

                                                                                                                
      Total, Navigation Services...............      90,596       83,305       92,705       86,705       94,465 
                                                ================================================================
Ocean Resources Conservation Assessment:                                                                        
    Estuarine and Coastal Assessment...........       2,674        2,674        2,674        2,674   ...........
    Ocean Assessment Program...................      35,300       35,311       33,861       42,201       40,611 
    GLERL......................................  ...........       6,025   ...........       6,825   ...........
    Beaufort/Oxford Lab........................  ...........  ...........  ...........       2,236   ...........
    Damage Assessment..........................       3,000        4,500        4,000   ...........  ...........
    Transfer from Damage Assessment Fund.......       6,700        5,683        5,683        5,683        5,683 
    Oil Pollution Act of 1990..................       1,000        1,000        1,000   ...........  ...........
    Ocean Services.............................       2,500   ...........  ...........  ...........  ...........
    Response and Restoration...................  ...........  ...........  ...........       9,174        8,774 
    Oceanic and Coastal Research...............       7,910        7,410        7,410        7,410        7,410 
                                                ----------------------------------------------------------------
      Subtotal--Estuarine & Coastal Assessment.      59,084       62,603       54,628       76,203       62,478 
                                                ================================================================
Coastal Ocean Program..........................      17,200       17,800       19,000       17,800       18,400 
    (South Florida Ecosystems).................       1,300        1,300        1,300        1,300        1,300 
                                                ----------------------------------------------------------------
      Total, Ocean Resources Conservation &                                                                     
       Assessment..............................      76,284       80,403       73,628       94,003       80,878 
                                                ================================================================
Ocean and Coastal Management:                                                                                   
    Coastal Management:                                                                                         
        CZM Grants.............................      49,700       49,700       52,700       49,700       52,700 
        CZM 309 Grants.........................          --        6,000           --        6,000           -- 
        Estuarine Research Reserve System......       5,650        4,300        5,300       10,500        4,300 
        Nonpoint Pollution Control.............       1,000        6,000        2,000        2,113        2,000 
        Program Administration.................       4,500        4,500        4,500        4,500        4,500 
                                                ----------------------------------------------------------------
          Subtotal, Coastal Management.........      60,850       70,500       64,500       72,813       63,500 
        Marine Sanctuary Program...............      14,000       13,200       15,000       14,250       14,350 
                                                ----------------------------------------------------------------
          Total, Ocean Resources Conservation &                                                                 
           Assessment..........................      74,850       83,700       79,500       87,063       77,850 
                                                ================================================================
          Total, Nos...........................     241,730      247,408      245,833      267,771      253,193 
                                                ================================================================
       NATIONAL MARINE FISHERIES SERVICE                                                                        
                                                                                                                
Information Collection and Analysis:                                                                            
    Resource Information.......................      99,300       92,714       94,741      106,419      106,675 
    Antarctic Research.........................       1,200        1,200        1,200        1,200        1,200 
    Chesapeake Bay Studies.....................       1,890        1,500        1,890        1,890        1,890 
    Right Whale Research.......................         400          200          250          200          350 
    MARFIN.....................................       3,500        3,000        3,000        3,000        3,000 
    SEAMAP.....................................       1,200        1,200        1,200        1,200        1,200 
    Alaskan Groundfish Surveys.................         950          661          661          961          900 
    Bering Sea Pollock Research................         945          945          945          945          945 
    West Coast Groundfish......................         780          780          780          900          800 
    New England Stock Depletion................       1,000        1,000        1,000        1,000        1,000 
    Hawaii Stock Management Plan...............         500           --           --          500          500 
    Yukon River Chinook Salmon.................         700          700          700        1,075          700 
    Atlantic Salmon Research...................         710          710          710          710          710 
    Gulf of Maine Groundfish Survey............         567          567          567          567          567 
    Dolphin/Yellowfin Tuna Research............         250          250          250          250          250 
    Habitat Research/Evaluation (Beaufort Lab).         450   ...........  ...........  ...........  ...........
    Pacific Salmon Treaty Program..............       5,587        5,587        5,587        7,471        7,444 
    Hawaiian Monk Seals........................         550          500          550        1,000          700 
    Steller Sea Lion Recovery Plan.............       2,770        1,440        1,770        4,770        2,520 
    Hawaiian Sea Turtles.......................         248          248          248          300          275 
    Bluefish/Striped Bass......................         800   ...........       1,000   ...........       1,000 
    Halibut/Sablefish..........................       1,200        1,200        1,200        1,200        1,200 
    Shrimp Pathogens...........................  ...........  ...........  ...........         500   ...........
    Lobster Sampling...........................  ...........  ...........  ...........         100   ...........
                                                ----------------------------------------------------------------
      Subtotal.................................     125,497      114,402      118,249      136,158      133,826 
                                                ================================================================
Fishery Industry Information:                                                                                   
    Fish Statistics............................      13,000       14,500       13,000       14,500       13,000 
    Alaska Groundfish Monitoring...............       5,500        5,200        5,200        6,100        5,500 
    PACFIN/Catch Effort Data...................       4,700        3,000        4,700        4,700        4,700 
    Recreational Fishery Harvest Monitoring....       3,900        3,100        3,900        3,900        3,900 
    GULF FIN Data Collection Effort............  ...........  ...........       3,000   ...........       3,000 
                                                ----------------------------------------------------------------
      Subtotal.................................      27,100       25,800       29,800       29,200       30,100 
                                                ================================================================
Information Analyses and Dissemination.........      20,900       20,900       20,900       20,900       20,900 
Computer Hardware and Software.................       4,000        4,000        4,000        4,000        4,000 
                                                ----------------------------------------------------------------
      Subtotal.................................      24,900       24,900       24,900       24,900       24,900 
                                                ================================================================
Acquisition of Data............................      25,098       25,098       25,098       25,098       25,098 
                                                ================================================================
      Total, Information, Collection, and                                                                       
       Analyses................................     202,595      190,200      198,047      215,356      213,924 
                                                ================================================================
Conservation and Management Operations:                                                                         
    Fisheries Management Programs..............      27,250       34,400       25,450       34,400       29,900 
    Columbia River Hatcheries..................      12,055       10,300       10,300       15,395       13,600 
    Columbia River Endangered Species..........         288          288          288          288          288 
    Salmon Marking.............................  ...........  ...........  ...........       1,800   ...........
    Regional Councils..........................      11,900       12,800       12,800       13,200       13,000 
    International Fisheries Commissions........         400          400          400          400          400 
    Management of George's Bank................         478          478          478          478          478 
    Beluga Whale Committee.....................         200          200          200   ...........  ...........
    Pacific Tuna Management....................       2,300        1,250        1,250        2,900        2,300 
                                                ----------------------------------------------------------------
      Subtotal, Fisheries Mgmt Programs........      54,871       60,116       51,166       68,861       59,966 
                                                ================================================================
    Protected Species Management...............       6,200        6,200        6,200        6,950        6,200 
    Driftnet Act Implementation................       3,278        3,278        3,278        3,428        3,378 
    Marine Mammal Protection Act...............       9,500        9,500        9,500        7,583        7,583 
    Endangered Species Act Recovery Plan.......      20,200       30,450       20,200       30,200       23,000 
    Dolphin Encirclement.......................  ...........       3,300        3,300        3,300        3,300 
    Native Marine Mammals......................  ...........  ...........  ...........         800          750 
    Southeastern Sea Turtles...................  ...........  ...........  ...........         400   ...........
    Observers/Training.........................  ...........  ...........  ...........       2,650        2,650 
    Fishery Observer Training Ctr..............         417   ...........         417   ...........  ...........
    East Coast Observers.......................         350          350          350   ...........  ...........
                                                ----------------------------------------------------------------

[[Page H11321]]

                                                                                                                
      Subtotal.................................      39,945       53,078       43,245       55,311       46,861 
                                                ================================================================
    Habitat Conservation.......................       8,500       10,700        8,400       10,700        9,000 
    Enforcement & Surveillance.................      17,600       18,500       17,600       18,500       17,775 
                                                ================================================================
      Total, Conservation, Management &                                                                         
       Operations..............................     120,916      142,394      120,411      153,372      133,602 
                                                ================================================================
State and Industry Assistance Programs:                                                                         
    Interjurisdictional Fisheries Grants.......       2,600        2,600        2,600        3,500        2,600 
    Anadromous Grants..........................       2,100        2,100        2,100        3,000        2,100 
    Anadromous Fishery Project.................  ...........         258   ...........  ...........  ...........
    Interstate Fish Commissions................       6,750        4,000        6,750        8,500        7,750 
                                                ----------------------------------------------------------------
      Subtotal.................................      11,450        8,958       11,450       15,000       12,450 
                                                ================================================================
Fisheries Development Program:                                                                                  
    Product Quality and Safety/Seafood                                                                          
     Inspection................................      10,524        9,824        9,824        9,974        9,824 
    Hawaiian Fisheries Development.............         750   ...........  ...........         750          750 
                                                ----------------------------------------------------------------
      Subtotal.................................      11,274        9,824        9,824       10,724       10,574 
                                                ================================================================
      Total, State and Industry Programs.......      22,724       18,782       21,274       25,724       23,024 
                                                ================================================================
      Total, NMFS..............................     346,235      351,376      339,732      394,452      370,550 
                                                ================================================================
        OCEANIC AND ATMOSPHERIC RESEARCH                                                                        
                                                                                                                
Climate and Air Quality Research:                                                                               
    Interannual & Seasonal.....................      12,900       12,900       12,900       15,900       14,900 
    Climate & Global Change Research...........      60,000       62,000       60,000       67,000       63,000 
    GLOBE......................................       5,000        6,000   ...........       5,000        2,500 
                                                ----------------------------------------------------------------
      Subtotal.................................      77,900       80,900       72,900       87,900       80,400 
                                                ================================================================
    Long-term Climate & Air Quality Research...      29,402       30,387       29,757       30,387       30,000 
    High Performance Computing.................       7,500       12,500        9,000       12,500       12,000 
                                                ----------------------------------------------------------------
      Subtotal.................................      36,902       42,887       38,757       42,887       42,000 
                                                ================================================================
      Total, Climate and Air Quality Research..     114,802      123,787      111,657      130,787      122,400 
                                                ================================================================
Atmospheric Programs:                                                                                           
    Weather Research...........................      37,213       34,613       34,613       36,613       36,100 
    Wind Profiler..............................       4,350        4,350        4,350        4,350        4,350 
                                                ----------------------------------------------------------------
      Subtotal.................................      41,563       38,963       38,963       40,963       40,450 
    Solar/Geomagnetic Research.................       5,700        6,000        6,000        6,000        6,000 
                                                ----------------------------------------------------------------
      Total, Atmospheric Programs..............      47,263       44,963       44,963       46,963       46,450 
                                                ================================================================
Ocean and Great Lakes Programs:                                                                                 
    Marine Research Prediction.................      22,976       15,251       19,501       23,401       26,801 
    GLERL......................................       6,000   ...........       6,825   ...........       6,825 
    Sea Grant Program..........................      56,000       50,182       59,000       56,000       57,500 
National Undersea Research Program.............      15,500        4,150   ...........      15,800       14,550 
                                                ----------------------------------------------------------------
      Total, Ocean and Great Lakes Programs....     100,476       69,583       85,326       95,201      105,676 
                                                ================================================================
Acquisition of Data............................      15,000       12,884       12,884       12,884       12,884 
                                                ================================================================
      Total OAR................................     277,541      251,217      254,830      285,835      287,410 
                                                ================================================================
            NATIONAL WEATHER SERVICE                                                                            
                                                                                                                
Operations and Research:                                                                                        
    Local Warnings and Forecasts...............     324,000      354,851      352,650      359,250      357,034 
    MARDI......................................      73,674       64,036       64,036       64,036       64,036 
    Advanced Hydrological Prediction System....  ...........       4,200   ...........       4,000   ...........
    Radiosonde Replacement.....................         910        4,340        2,000          910        2,000 
    Susquehanna River Basin flood system.......       1,120          619        1,250        1,000        1,250 
    Aviation forecasts.........................      35,596       35,596       35,596       35,596       35,596 
                                                ----------------------------------------------------------------
      Subtotal.................................     435,300      463,642      455,532      464,792      459,916 
                                                ================================================================
Central Forecast Guidance......................      29,543       35,574       31,000       35,574       35,574 
Atmospheric and Hydrological Research..........       2,489        2,964        2,964        2,964        2,964 
                                                ----------------------------------------------------------------
      Total, Operations and Research...........     467,332      502,180      489,496      503,330      498,454 
                                                ================================================================
Systems Acquisition:                                                                                            
    Public Warnings and Forecast Systems:                                                                       
        NEXRAD.................................      39,591       38,346       38,346       38,346       38,346 
        ASOS...................................       5,351        7,116        7,116        7,116        7,116 
        AWIPS/NOAA Port........................  ...........      12,189       12,189       12,189       12,189 
        Computer Facilities Upgrades...........       8,000        4,600        4,600        4,600        4,600 
                                                ----------------------------------------------------------------
          Total, Systems Acquisition...........      52,932       62,251       62,251       62,251       62,251 
                                                ================================================================
          Total, NWS...........................     520,264      564,431      551,747      565,581      560,705 
                                                ================================================================
NATIONAL ENVIRONMENT SATELLITE DATA INFORMATION                                                                 
                    SERVICE                                                                                     
                                                                                                                
Satellite Observing Systems:                                                                                    
    Polar Convergence/IPO......................      34,000   ...........  ...........  ...........  ...........
    Geostationary Spacecraft and Launching.....  ...........  ...........  ...........  ...........  ...........
    Ocean Remote Sensing.......................       4,000        4,000        1,500        4,000        4,000 
    Environmental Observing Systems............      50,347       51,486       50,347       54,486       53,300 
                                                ----------------------------------------------------------------
      Total, Satellite Observing Systems.......      88,347       55,486       51,847       58,486       57,300 
                                                ================================================================
    Environmental Data Management Systems......      27,500       28,550       33,550       27,500       33,550 
    Data and Information Services..............      16,335       16,335       16,335       16,335       16,335 
    Regional Climate Centers...................       2,500   ...........       2,500        3,000        2,750 
                                                ----------------------------------------------------------------
      Total, EDMS..............................      46,335       44,885       52,385       46,835       52,635 
                                                ================================================================
      Total, NESDIS............................     134,682      100,371      104,232      105,321      109,935 
                                                ================================================================

[[Page H11322]]

                                                                                                                
                PROGRAM SUPPORT                                                                                 
                                                                                                                
Administration and Services:                                                                                    
    Executive Direction and Administration           19,200       19,200       19,200       19,200       19,200 
    Systems Acquisition Office                        1,420   ...........  ...........         700          700 
                                                ----------------------------------------------------------------
      Subtotal.................................      20,620       19,200       19,200       19,900       19,900 
                                                ================================================================
    Central Administrative Support.............      31,850       31,850       31,850       31,850       31,850 
    Retired Pay Commissioned Officers..........       8,000        7,000        7,000        7,000        7,000 
                                                ----------------------------------------------------------------
      Total, Administration and Services.......      60,470       58,050       58,050       58,750       58,750 
                                                ================================================================
Aircraft Services..............................      10,400       10,500       10,500       10,500       10,500 
Rent Savings...................................      (4,656)  ...........      (4,656)  ...........  ...........
                                                ----------------------------------------------------------------
      Total, Program Support...................      66,214       68,550       63,894       69,250       69,250 
                                                ================================================================
Fleet planning and maintenance.................      13,500        9,600        6,300       11,600       11,600 
                                                ================================================================
Facilities:                                                                                                     
    NOAA Facilities Maintenance................       1,800        1,800        1,800        1,800        1,800 
    NOAA-wide Space Planning...................  ...........         735   ...........         735   ...........
    Sandy Hook Lease...........................       2,000        2,000        2,000        2,000        2,000 
    Environmental Compliance...................       2,000        2,000        2,000        2,000        2,000 
    WFO Maintenance............................       1,000        5,400        3,000        5,400        3,000 
    Columbia River Facilities..................       4,465        4,465        4,465        4,465        4,465 
                                                ----------------------------------------------------------------
      Total, Facilities........................      11,265       16,400       13,265       16,400       13,265 
                                                ================================================================
Direct Obligations.............................   1,611,431    1,609,353    1,579,833    1,716,210    1,675,908 
Reimbursable Obligations.......................     317,015      195,767      195,767      195,767      195,767 
Offsetting Collections (data sales)............       2,400        3,600        3,600   ...........       3,600 
New Offsetting Collections (fish fees/IFQ CDQ).  ...........  ...........  ...........  ...........       4,000 
Anticipated Offsetting Collections (aerocharts)       3,000   ...........  ...........  ...........  ...........
                                                ----------------------------------------------------------------
      Subtotal Reimbursables...................     322,416      199,367      199,367      195,767      203,367 
                                                ================================================================
      Total, Obligations.......................   1,933,846    1,808,720    1,779,200    1,911,977    1,879,275 
                                                ================================================================
Financing:                                                                                                      
    Deobligations..............................     (24,000)     (28,527)     (31,327)     (28,527)     (33,000)
    Unobligated Balance transferred, net.......      (1,500)        (969)        (969)        (969)        (969)
    Federal Ship Financing Fund................      (1,700)  ...........      (1,700)  ...........  ...........
    Coastal Zone Management Fund...............      (7,800)      (4,000)      (7,800)      (4,000)      (4,000)
    Offsetting Collections (data sales)........      (2,400)      (3,600)      (3,600)  ...........      (3,600)
    Anticipated Offsetting Collections                                                                          
     (aerocharts)..............................      (3,000)  ...........  ...........  ...........  ...........
    New Offsetting Collections (fish fees).....  ...........     (19,781)  ...........      (3,000)      (4,000)
    New Offsetting Collections (navigation                                                                      
     fees).....................................  ...........      (2,500)  ...........  ...........  ...........
    Federal Funds..............................    (172,000)    (134,927)    (134,927)    (134,927)    (134,927)
    Non-federal Funds..........................    (145,015)     (60,840)     (60,840)     (60,840)     (60,840)
                                                ----------------------------------------------------------------
      Subtotal, Financing......................    (357,415)    (255,144)    (241,163)    (232,263)    (241,336)
                                                ================================================================
Budget authority...............................   1,576,431    1,553,576    1,538,037    1,679,714    1,637,939 
                                                ================================================================
Financing from:                                                                                                 
    Promote and Develop American Fisheries.....     (62,381)     (62,381)     (63,381)     (63,073)     (63,381)
    Damage Assess. & Restor. Revolving Fund....      (5,000)      (4,714)      (4,714)      (4,714)      (4,714)
                                                ================================================================
Appropriation, ORF.............................   1,509,050    1,486,481    1,469,942    1,611,927    1,569,844 
----------------------------------------------------------------------------------------------------------------

       The following narrative provides additional information 
     related to certain items included in the preceding table.

                         National Ocean Service

       The conferees have provided a total of $253,193,000 under 
     this account for the activities of the National Ocean 
     Service, instead of $245,833,000 as recommended by the House, 
     and $267,771,000 recommended by the Senate.
       Mapping and Charting.--The conference agreement provides 
     $48,260,000 for NOAA's mapping and charting programs, 
     reflecting continued commitment to the navigation safety 
     programs of NOS, and concerns for the ability of the NOS to 
     continue to meet its mission requirements over the long term. 
     Of this amount, $32,100,000 is provided for the base mapping 
     and charting program, an increase of $2,000,000 above the 
     request for data compilation activities. NOAA is expected to 
     request sufficient funds within the NOS base program in 
     fiscal year 2000 to fully support this activity. In addition, 
     NOS is expected to increase its shoreline mapping activities 
     in fiscal year 1999, and is requested to provide a report to 
     the Committees on Appropriations by December 15, 1998 which 
     indicates the amount of shoreline mapping conducted in fiscal 
     year 1998 and planned activities for fiscal year 1999. Within 
     the total funding provided under Mapping and Charting, the 
     conference agreement includes $2,160,000 to establish a joint 
     hydrographic center and to provide for stream quality 
     monitoring in accordance with the Senate report.
       Concerns remain that NOAA has not taken sufficient steps to 
     plan for its long-term mission requirements. It is clear that 
     the future of NOAA's hydrographic program lies in increased 
     outsourcing to meet its nautical charting needs. While the 
     need is understood for NOAA to ensure the quality, standards 
     and specifications for nautical charts, NOAA must take 
     vigorous steps to make this transition to outsourcing as an 
     alternative method of meeting its needs. Therefore, the 
     conference agreement also includes $14,000,000 under the line 
     item Address Survey Backlog/Contracts exclusively for 
     contracting out with the private sector for data acquisition 
     needs. Further, the conferees direct NOAA to follow the 
     direction included in the House report requiring submission 
     of a plan to the Committees for increased outsourcing by 
     fiscal year 2000.
       Tide and Current Data.--The conference agreement includes 
     $12,000,000 for this activity as detailed in the House 
     report.
       Ocean Assessment Program.--The conference agreement 
     includes $40,611,000 for this activity. Within the amounts 
     provided for ocean assessment, the conference agreement 
     includes the following: $13,750,000 for NOAA's Coastal 
     Services Center; $5,800,000 to continue the Cooperative 
     Institute for Coastal and Estuarine Environmental Technology; 
     $900,000 for the South Florida Ecosystem Restoration program; 
     $1,000,000 to support coral reef studies in the Pacific and 
     Southeast as described in the Senate report; $2,925,000 for 
     pfisteria and other harmful algal bloom research and 
     monitoring, of which $500,000 is for research on the impact 
     of pfisteria at North Carolina State University; $1,200,000 
     for one-time assistance for a citizen-based clean-water task 
     force, including the State Coastal Resource program and local 
     governments, to address issues related to the estuaries and 
     waterways in Beaufort County, South Carolina; and $2,436,000 
     for the NOAA Beaufort/Oxford Laboratory, reflecting the 
     transfer of funding and management of this activity from the 
     National Marine Fisheries Service and the Office of Oceanic 
     and Atmospheric Research. In addition, the conference 
     agreement also includes an additional $5,200,000 under Ocean 
     and Coastal Research and the Coastal Ocean Program for 
     research on pfisteria, hypoxia and other harmful algal 
     blooms.
       Office of Response and Restoration.--The conference 
     agreement includes $8,774,000 for a new line item under Ocean 
     Resources Conservation and Assessment which represents the 
     consolidation of the following line items previously provided 
     for separately: $2,674,000 for Estuarine and Coastal 
     Assessment, $5,100,000 for Damage Assessment and

[[Page H11323]]

     $1,000,000 in accordance with the Oil Pollution Act of 1990.
       Ocean and Coastal Research.--The conference agreement 
     includes $7,410,000 for this activity, and includes funding 
     at the fiscal year 1998 level for marine forensics and 
     Southeast fisheries law enforcement, in accordance with the 
     direction included in the Senate report.
       The conference agreement does not include the proposed 
     transfer of the Great Lakes Environmental Research Laboratory 
     (GLERL) from the Office of Oceanic and Atmospheric Research 
     to NOS. While consolidation of ocean and coastal research and 
     assessment programs into a single line organization would 
     ensure greater coordination and guard against duplication, 
     NOAA's proposal did not meet this goal. The transfer of GLERL 
     can be reconsidered in the context of a reorganization 
     proposal to more fully consolidate all related programs into 
     NOS, and NOAA is encouraged to consult with the Committees 
     prior to the submission of a reorganization proposal.
       Coastal Ocean Program.--The conference agreement provides 
     $18,400,000 for the Coastal Ocean Program, of which 
     $4,200,000 is provided for research related to hypoxia, 
     pfisteria, and other harmful algal blooms. The conference 
     agreement adopts the recommendations included in the House 
     report regarding hypoxia research in the Gulf of Mexico and 
     Lake Ponchartrain, and expects a portion of the increase to 
     be provided to support these activities. The managers of COP 
     are directed to follow the direction included in the House 
     report regarding the Brown Tide Research Initiative, as well 
     as the direction included in the Senate report concerning 
     research on small high-salinity estuaries. The conference 
     agreement also assumes continued funding at the current level 
     for restoration of the South Florida ecosystem. Further, 
     concerns have been expressed regarding the COP's delay in 
     funding of a Memorandum of Understanding (MOU) for the 1995 
     competitively approved land use-coastal ecosystem study. The 
     COP is directed to fully fund, from within base resources, 
     this prior multi-year commitment at the agreed upon levels 
     beginning with $1,200,000 for fiscal year 1999. Further, NOAA 
     is directed to provide a report to the Committees, no later 
     than February 1, 1999, on the projects and programs supported 
     under COP in fiscal years 1997 and 1998.
       Coastal Zone Management.--The conference agreement includes 
     $54,700,000 for grants under sections 306, 306A, 309, and 
     6217 of the Coastal Zone Management Act (CZMA), an increase 
     of $4,000,000 over fiscal year 1998. A separate appropriation 
     for section 309 grants is not provided because such action 
     would be inconsistent with current law. Under the CZMA, NOAA 
     is authorized to set aside up to 20% of the funds 
     appropriated under sections 306 and 306A for activities 
     authorized under section 309. Therefore, increased funding 
     has been provided under sections 306 and 306A to enable 
     NOAA to make up to $10,540,000 available for activities 
     authorized under section 309. In addition, the conference 
     agreement includes $2,000,000 for the Non-Point Pollution 
     program authorized under section 6217 of the CZMA. The 
     conferees direct NOAA to provide a report on this program 
     in accordance with the direction included in the House 
     report. The conference agreement also includes $4,300,000 
     for the National Estuarine Research Reserve program to 
     support the existing program, as assumed in the House 
     bill.
       Marine Sanctuary Program.--The conference agreement 
     includes $14,350,000 for the National Marine Sanctuary 
     Program. Of this amount, $350,000 is provided to support the 
     activities of the Northwest Straits Citizens Advisory 
     Commission as outlined in the House and Senate reports. In 
     addition, a portion of the increase provided for the Marine 
     Sanctuary Program may be used to support NOAA's on-going 
     activities related to the U.S.S. Monitor in accordance with 
     the House report.
       Other.--Within the amounts provided for geodesy, the 
     conference agreement includes $500,000 for continuation of 
     geodetic survey work as described in the Senate report.

                   National Marine Fisheries Service

       The conference agreement includes a total of $370,550,000 
     for the National Marine Fisheries Service, instead of 
     $339,732,000 recommended by the House and $394,452,000 as 
     recommended by the Senate. The conference agreement adopts 
     the recommendations in the Senate report regarding the 
     Community and Individual Fishery Quota programs.
       Resource Information.--The conference agreement provides 
     $106,675,000 for fisheries resource information. Within the 
     funds provided for resource information, $91,750,000 is 
     provided for the base programs, an increase of $8,836,000 
     over fiscal year 1998, of which $3,500,000 is for 
     implementation of the Magnuson-Stevens Act in the North 
     Pacific as directed in the Senate report, and of which 
     $750,000 is for west coast groundfish research to supplement 
     the base budget of the Northwest Fisheries Science Center. 
     Therefore, NMFS is expected to provide not less than a total 
     of $2,250,000 from Resource Information for this research at 
     the Northwest Center. Such action is not intended to cause a 
     shift in work currently performed by the Alaska and Southwest 
     Fisheries Science Centers to the Northwest Center. In 
     addition, within the total funds provided for resource 
     information, the conference agreement adopts the 
     recommendation included in the Senate report with respect to 
     MARMAP. Under this line item, the conference agreement also 
     includes funding for the following activities included in the 
     Senate report: $1,500,000 for the Gulf of Mexico Stock 
     Enhancement Consortium, $1,250,000 for research on Alaska 
     near shore fisheries, $200,000 for an assessment of Atlantic 
     herring and mackerel, $450,000 for Chesapeake Bay oyster 
     research activities, $275,000 for research on the Charleston 
     bump, $300,000 for research on shrimp pathogens, $100,000 for 
     lobster sampling, and $300,000 for research on Southeastern 
     sea turtles. In addition, within the amounts provided for 
     Resource Information, $8,000,000 is included to continue the 
     aquatic resources environmental initiative, and $1,250,000 is 
     provided to continue the activities of the Gulf and South 
     Atlantic Fisheries Development Foundation for data collection 
     and analyses in the red snapper and shrimp fisheries in 
     accordance with the House report. Further, $450,000 is also 
     included within this line item for a study of the hard clam 
     population in accordance with the House report.
       There continue to be concerns regarding the timely 
     implementation of the Magnuson-Stevens Act and current 
     staffing distribution among headquarters and field offices to 
     support this effort. Therefore, NOAA is directed to comply 
     with the direction included in the Senate report on this 
     matter, and to expand its report to also include the 
     Endangered Species Act and the Sustainable Fisheries Act. 
     Concerns have also been raised regarding implementation of 
     the Magnuson-Stevens Act, particularly with respect to 
     National Standards 2 and 8. Therefore, the conference 
     agreement adopts the recommendation and direction included in 
     the Senate report requesting the General Accounting Office to 
     report on NMFS compliance with these standards. In addition, 
     as described in the Senate report, concerns continue to exist 
     regarding national coordination of commercial and 
     recreational data collection efforts. NOAA is directed to 
     submit a report to the Committees with its fiscal year 2000 
     budget request outlining the methodology used by NMFS to 
     collect data on these fisheries and its efforts to integrate 
     and improve data collection activities.
       The conference agreement also provides funds for right 
     whale research, including funds to continue gear modification 
     research at the fiscal year 1998 level. The conferees expect 
     NMFS to report to the Committees, no later than February 1, 
     1999, detailing gear modification research activities funded 
     in fiscal year 1998 and its plans for fiscal year 1999. The 
     conferees have also included funding for MARFIN and Alaskan 
     groundfish surveys, including calibration studies, as 
     described in the Senate report. Funding is also provided for 
     bluefish and striped bass research in accordance with the 
     House report.
       Steller Sea Lion Recovery Plans.--The conference agreement 
     includes $2,520,000 for this activity, including $750,000 for 
     research as directed in the Senate report, with the remaining 
     funds to be allocated at the fiscal year 1998 level for work 
     by the State of Alaska, the North Pacific Universities Marine 
     Mammal Consortium, and NMFS.
       Fishery Industry Information.--Within the funds provided 
     for Fishery Industry Information, the conference agreement 
     provides $3,900,000 for recreational fishery harvest 
     monitoring to be expended in accordance with the direction 
     included in the Senate report. Funds are also appropriated 
     under this activity for the Pacific Fisheries Information 
     Network/Alaska Fisheries Information Network in accordance 
     with the direction included in the Senate report. In 
     addition, $3,000,000 is provided for a Gulf of Mexico 
     Fisheries Information Network in accordance with the 
     direction included in the House report. Funding is also 
     provided to continue Alaska groundfish monitoring activities 
     at the fiscal year 1998 level, including the final year of 
     support for the Bering Sea Fisherman's Association Community 
     Development Quota program.
       Fisheries Management Programs.--The conference agreement 
     includes $29,900,000 for this activity, including $350,000 to 
     continue ongoing sea turtle recovery efforts at Rancho Nuevo 
     and loggerhead nesting and research programs as described in 
     the House report. Within these amounts, $230,000 is also 
     provided for the Pacific Coral Reef fisheries management 
     plan, as described in the Senate report, and $300,000 is for 
     implementation of a program to prevent the importation of 
     Atlantic swordfish which have not been harvested in a manner 
     consistent with the recommendations under the International 
     Convention for the Conservation of Atlantic Tuna. Such a 
     program should restrict the importation of Atlantic 
     swordfish that are below the United States minimum size. 
     The conference agreement also reduces funding for the base 
     program by $400,000 to reflect the transfer of funding for 
     the Alaska Eskimo Whaling Commission to the new Native 
     Marine Mammals Commission line item.
       The conference agreement appropriates a total of 
     $18,353,000 for NOAA support of Columbia River hatcheries 
     programs, including $13,600,000 under the NMFS. Within the 
     amount provided under the line item Columbia River 
     hatcheries, NMFS is expected to support hatchery operations 
     at the fiscal year 1998 level of $11,400,000, and to use the 
     additional funding to support salmon marking activities as 
     described in the Senate report.
       Protected Species Management.--Within the funds provided 
     for protected species management, $500,000 is for 
     continuation of a study on the impacts of California sea 
     lions and harbor seals on salmonids and the West Coast 
     ecosystem.

[[Page H11324]]

       Endangered Species Recovery Plans.--A total of $23,000,000 
     is provided for this activity. Of these amounts, $1,000,000 
     is for technical support for Washington State salmon recovery 
     efforts, and $1,000,000 is for Northwest Indian Fisheries 
     Commission activities, as described in the Senate report. In 
     addition, $850,000 is provided to support NMFS work on 
     Steller sea lions in the North Pacific, and $250,000 is to be 
     made available for the State of Alaska for technical support 
     to analyze proposed salmon recovery plans.
       Native Marine Mammal Commissions.--The conference agreement 
     adopts the recommendation of the Senate to consolidate 
     support for these commissions, previously provided for 
     elsewhere within NMFS, and recommends funding be distributed 
     as follows: (1) $400,000 for the Alaska Eskimo Whaling 
     Commission; (2) $100,000 for the Alaska Harbor Seal 
     Commission; (3) $200,000 for the Beluga Whale Committee; and 
     (4) $50,000 for the Bristol Bay Native Association.
       Observers and Training.--The conference agreement adopts 
     the recommendation included in the Senate report to 
     consolidate fishery observer and observer training programs 
     into a single line item, and distributes funding as follows: 
     (1) $425,000 for the North Pacific Fishery Observer Training 
     Program; (2) $1,875,000 for North Pacific marine resource 
     observers, which was previously funded within the Marine 
     Mammal Protection Act line item; and (3) $350,000 for east 
     coast observers.
       Interstate Fish Commissions.--The conference agreement 
     includes $7,750,000 for this activity, of which $750,000 is 
     to be equally divided among the three commissions, and 
     $7,000,000 is for implementation of the Atlantic Coastal 
     Fisheries Cooperative Management Act.
       Sea Turtle Protection and By-catch Reduction.--The 
     conference agreement adopts the recommendations and direction 
     included in the House report regarding the development or 
     implementation of any new or revised biological opinions 
     regarding shrimp fishing and turtle interaction, as well as 
     the guidance provided regarding by-catch reduction devices.
       Other.--In addition, within the funds available for the 
     Saltonstall-Kennedy grants program, the conferees direct that 
     $150,000 be provided to the Alaska Fisheries Development 
     Foundation to be used in accordance with the direction 
     included in the Senate report, and funds be provided pursuant 
     to the direction included in both the House and Senate 
     reports to support ongoing efforts related to Vibrio 
     vulnificus. Further, NOAA is expected to comply with the 
     direction included in the House report regarding the bluefin 
     tuna fishery off the coast of Long Island.

                    Oceanic and Atmospheric Research

       The conference agreement includes a total of $287,410,000 
     for Oceanic and Atmospheric Research activities, instead of 
     $254,830,000 as recommended by the House and $285,835,000 as 
     recommended by the Senate.
       Interannual and Seasonal Climate Research.--The conferees 
     have provided $14,900,000 for interannual and seasonal 
     climate research. Within this amount, the conference 
     agreement provides $2,000,000 to support climate and air 
     quality monitoring and climatological modeling activites as 
     described in the Senate report. Further, within the amounts 
     available to OAR, NOAA is expected to carry out its 
     Memorandum of Understanding with the International Hurricane 
     Center.
       Climate and Global Change Research.--The conference 
     agreement includes $63,000,000 for the Climate and Global 
     Change research program, an increase of $3,000,000 above the 
     amounts provided in fiscal year 1998. Of this amount, 
     $15,000,000 is provided to support the International Research 
     Institute and related regional application centers and 
     activities. This increase is provided to enable the regional 
     applications centers program to expand to the Midwest and 
     other areas. OAR is encouraged to work with and utilize 
     existing university resources, including the University of 
     Northern Iowa, in its expansion of this program.
       Long-term Climate and Air Quality Research.--The conference 
     agreement provides $30,000,000 for this activity, instead of 
     $29,757,000 as proposed by the House, and $30,387,000 as 
     proposed by the Senate.
       GLOBE.--A total of $2,500,000 is provided for this program, 
     instead of $5,000,000 as proposed by the Senate. The House 
     bill did not include funding for this program. NOAA is 
     expected to comply with the direction included in the Senate 
     report regarding this program.
       Atmospheric Programs.--The conference agreement provides 
     $36,100,000 for this activity. Of this amount $1,500,000 is 
     provided for research related to wind-profile data in 
     accordance with the direction provided in the Senate report.
       Marine Prediction Research.--The conference agreement 
     includes $26,801,000 for marine prediction research. Within 
     this amount, the following is provided: $1,650,000 for Arctic 
     Research, as directed in the House report; $2,400,000 for the 
     Open Ocean Aquaculture program as directed in the Senate 
     report, of which $450,000 is for the Seacoast Science Center 
     and $25,000 is for the Teel Cove Sea Farm; $2,300,000 for 
     tsunami mitigation; $2,100,000 for the VENTS program; 
     $4,000,000 to continue an initiative for the aquatic 
     ecosystems, water quality, atmospheric research, and 
     facilities construction at the Canaan Valley Institute; 
     $1,650,000 for implementation of the National Invasive 
     Species Act, of which $850,000 is for Ballast Water 
     Demonstration as directed in the Senate report; $750,000 for 
     South Atlantic marine monitoring and prediction as directed 
     in the Senate report; $50,000 for the sediment control study 
     recommended in the Senate bill; $1,000,000 for the marine 
     ecosystem initiative at the Thayer School of Engineering; 
     $500,000 for support for the Gulf of Maine Council; and 
     $150,000 for Lake Champlain studies. Due to recently enacted 
     changes in the National Sea Grant Program Authorization Act, 
     future activities related to Lake Champlain are expected to 
     be funded through the regular Sea Grant program.
       GLERL.--Within the $6,825,000 provided for the Great Lakes 
     Environmental Research Laboratory, the conference agreement 
     assumes continued support for the Great Lakes nearshore 
     research and zebra mussel research programs.
       Sea Grant.--The conference agreement appropriates 
     $57,500,000 for the National Sea Grant program, and expects 
     NOAA to continue to fund the existing oyster disease research 
     and zebra mussel research programs within these amounts. Of 
     the amounts provided, $1,000,000 is for the Gulf of Mexico 
     Oyster Disease Initiative. NOAA is also encouraged to use a 
     portion of the increase provided to support and expand 
     mariculture activities. Further, NOAA is encouraged to follow 
     the guidance included in the House report regarding research 
     related to the public health risks associated with ballast 
     water discharges.
       National Undersea Research Program (NURP).--The conference 
     agreement provides $14,550,000 for the NURP, of which 
     $1,750,000 is for continued support of the JASON program, and 
     $300,000 is to continue support for the Aquarius undersea 
     laboratory. The remaining $12,500,000 is provided for the 
     existing nationwide undersea research centers, a $1,000,000 
     reduction from the current level. This reduction is to be 
     distributed proportionately among each of the centers, as 
     well as program administration.

                        National Weather Service

       The conference agreement includes a total of $560,705,000 
     for the National Weather Service (NWS), instead of 
     $551,747,000 as proposed by the House, and $565,581,000 as 
     proposed by the Senate. Further, an additional $3,000,000 is 
     appropriated elsewhere in this account for NWS facilities 
     maintenance, and $97,948,000 is provided within the NOAA 
     Procurement, Acquisition and Construction (PAC) account for 
     NWS systems acquisition and construction activities.
       Local Warnings and Forecasts/Base Operations.--The amount 
     provided includes $357,034,000 for this activity, an increase 
     of $33,034,000 above the fiscal year 1998 level. The 
     following increases are included: $9,053,000 is for pay-
     related inflationary costs; $9,266,000 is for full year costs 
     associated with maintaining a total NWS personnel base of 
     4,788 full-time equivalents; and $7,681,000 is for non-labor 
     increases. Within the total amount provided for Local 
     Warnings and Forecasts, $1,200,000 is for NOAA weather radio 
     transmitters to be distributed in accordance with the 
     direction included in the House and Senate reports. An 
     additional $400,000 is also provided to enable NWS to resolve 
     weather radio coverage problems in South Dakota. The 
     conference agreement also includes funding, as requested, for 
     data buoys and coastal marine automated network stations.
       In addition, a total of $3,784,000 is included to implement 
     the mitigation activities required by the Secretary's report 
     to Congress regarding the adequacy of NEXRAD coverage in 
     certain areas. Language is included in the bill directing the 
     Secretary of Commerce to implement the recommendations 
     contained in this report. NOAA is expected to follow the 
     recommendations contained in the November 21, 1997 
     Secretary's team report as well as those of any subsequent 
     reports or applicable agreements. The NWS is also expected to 
     follow the direction included in the Senate report regarding 
     continued radar obstruction at the NEXRAD facility located in 
     Jackson, Mississippi.
       In addition, the NWS is encouraged to continue the National 
     Severe Storms Laboratory's support for OK-FIRST, as well as 
     to continue the activities of NOAA's Cooperative Institute 
     for Regional Prediction related to the 2002 Winter Olympic 
     games.

     National Environmental Satellite, Data and Information Service

       The conference agreement includes $109,935,000 for NOAA's 
     satellite and data management programs. In addition, the 
     conference agreement includes $450,059,000 under the NOAA PAC 
     account for satellite systems acquisition and related 
     activities.
       Environment Data Management.--The conferees have included 
     $52,635,000 for EDMS activities. Under EDMS, the conference 
     agreement includes $2,750,000 for the Regional Climate 
     Centers, and adopts the recommendations included in the House 
     report regarding funding to continue weather record rescue 
     activities.
       Environmental Observing Systems.--Within the amounts 
     appropriated, $2,500,000 is provided to continue the wind 
     demonstration pilot project as described in the Senate 
     report.

                            Program Support

       The conference agreement provides $69,250,000 for NOAA 
     program support, the amount recommended in the Senate bill, 
     instead of $63,894,000 as recommended in the

[[Page H11325]]

     House bill. Due to the concerns expressed in the House report 
     regarding augmentation of headquarters and policy functions 
     through assessments against NOAA programs, bill language is 
     included, modified from the House bill, placing a limitation 
     on funding and staffing available to Executive Direction and 
     Administration functions in fiscal year 1999. An exception to 
     the staffing limitation has been provided for the Office of 
     the General Counsel to ensure that the necessary resources 
     are available to support activities related to the National 
     Marine Fisheries Service.

                     Fleet Planning and Maintenance

       The conference agreement includes an appropriation of 
     $11,600,000 for this activity, as recommended in the Senate 
     bill, instead of $6,300,000 included in the House bill. This 
     amount includes $2,000,000 for the NOAA Pascagoula facility 
     to purchase property with reverter options, extend the 
     present dock, conduct dredging, repair the existing dock, and 
     purchase equipment for the support of the NOAA vessel 
     Relentless.

                               Facilities

       The conference agreement includes $13,265,000 for 
     facilities maintenance, lease costs, and environmental 
     compliance, as recommended in the House bill, instead of 
     $16,400,000 included in the Senate bill. NOAA is expected to 
     follow the direction in the House report regarding budgeting 
     for lease costs for NOAA facilities.
       Within the amounts available for Facilities Maintenance, 
     NOAA is expected to use up to $150,000 to conduct a study of 
     space requirements at the National Centers for Environmental 
     Prediction facility in Norman, Oklahoma and options to meet 
     those needs through a long-term lease, or other, alternative 
     financing arrangements.

                                 Other

       In addition to amounts not otherwise provided for in the 
     above tables and narrative, the conference agreement includes 
     an additional $5,000,000 for activities related to the Clean 
     Water Initiative under the National Ocean Service and an 
     additional $5,000,000 for Endangered Species Act programs 
     under the National Marine Fisheries Service.

               Procurement, Acquisition and Construction


                     (including transfers of funds)

       The conference agreement includes a total of $584,677,000 
     in direct appropriations for the Procurement, Acquisition and 
     Construction account, and assumes $4,000,000 in deobligations 
     from this account. The following distribution reflects the 
     fiscal year 1999 funding provided for activities within this 
     account:

Systems Acquisition:
  AWIPS.....................................................$67,667,000
  ASOS........................................................3,855,000
  NEXRAD......................................................7,000,000
  Computer Facilities Upgrades................................9,900,000
  Polar Spacecraft and Launching............................199,917,000
  Geostationary Spacecraft and Launching....................265,142,000
                                                       ________________
                                                       
    Subtotal, Systems Acquisition...........................553,481,000
Construction:
  Boulder Lab Above Standard Costs............................6,370,000
  WFO Construction............................................9,526,000
  Santa Cruz Fisheries Lab....................................4,200,000
  NERRS Construction..........................................7,300,000
  Fort Johnson Lab............................................3,000,000
  Outer Banks Community Foundation..............................750,000
  Long Island Bay Shore Aquarium..............................1,000,000
  Botanical Gardens.............................................500,000
  NCEP..........................................................850,000
  Pribilof Island Cleanup.......................................700,000
                                                       ________________
                                                       
    Subtotal, Construction...................................34,196,000

       Systems Acquisition.--The conference agreement provides the 
     full amount requested for AWIPS acquisition, and continues 
     language as proposed in the House bill requiring the 
     Secretary of Commerce to meet certain certification 
     requirements prior to the obligation of these funds.
       Construction.--The conference agreement includes $6,370,000 
     for above standard costs for the Boulder Laboratory, in 
     accordance with the direction included in the House report.
       The funds appropriated for National Estuarine Research 
     Reserve construction are to be distributed as follows: 
     $1,300,000 is for the Kasitsna Bay Lab and Kachenak Bay NERR; 
     and $6,000,000 is for the Great Bay NERR, as recommended in 
     the Senate report. In addition, $750,000 is provided for the 
     Outer Banks Community Foundation subject to the conditions in 
     the Senate report.
       Other.--Further, within the total amounts provided in this 
     account, $1,000,000 is expected to be provided for 
     fishermen's health care. The Secretary of Commerce is to 
     allocate the funds under the plan in New Hampshire, Rhode 
     Island, Maine and Massachusetts according to the following 
     criteria: (1) the number of fishermen who are eligible to 
     receive health care benefits under the plan; and (2) the 
     relative demand for benefits under the plan in each State 
     among fishermen who are eligible to receive benefits under 
     the plan. NOAA should not expect funds to be appropriated 
     under this Act in the future for this purpose.

                      Coastal Zone Management Fund

       The conference agreement includes an appropriation of 
     $4,000,000, as provided in the Senate bill, instead of 
     $7,800,000 recommended in the House bill. These amounts are 
     reflected under the National Ocean Service within the 
     Operations, Research, and Facilities account.

                      Fishermen's Contingency Fund

       The conference agreement includes $953,000 for the 
     Fishermen's Contingency Fund, as provided in the House, 
     instead of $952,000 included in the Senate bill.

                     Foreign Fishing Observer Fund

       The conference agreement includes $189,000 for the expenses 
     related to the Foreign Fishing Observer Fund, as provided in 
     both the House and Senate bills.

                   Fisheries Finance Program Account

       The conference agreement provides $338,000 in subsidy 
     amounts for the Fisheries Finance Program Account, instead of 
     $388,000 recommended in the Senate bill, and $238,000 
     recommended in the House bill. The agreement includes 
     $100,000 above the House level to continue entry level and 
     small vessel Individual Fishery Quota obligation guarantees 
     in the halibut and sablefish fisheries as recommended in the 
     Senate report.

                         General Administration


                         Salaries and Expenses

       The conference agreement includes $30,000,000 for the 
     general administration of the Commerce Department, instead of 
     $31,059,000 as proposed in the Senate bill and $28,900,000 as 
     proposed in the House bill. The conference recommendation 
     assumes a $720,000 transfer of funding and personnel from the 
     NOAA Systems Acquisition Office (SAO) to the Department, 
     instead of $1,420,000 recommended in the House bill and 
     requested in the budget.

                      Office of Inspector General

       The conference agreement includes $21,000,000 for the 
     Commerce Department Inspector General, instead of $21,400,000 
     as recommended in the House bill and $19,959,000 as 
     recommended in Senate bill. An increase is provided to enable 
     the Office of Inspector General to continue its efforts 
     related to the 2000 decennial census.

                      Patent and Trademark Office

                         Salaries and Expenses


                              (rescission)

       The conference agreement includes a $71,000,000 rescission 
     from fee collections and prior year appropriations, instead 
     of a $41,000,000 rescission recommended in the House bill, 
     and a $116,342,000 rescission requested in the budget. The 
     Senate bill did not recommend a rescission in this 
     account.

            National Oceanic and Atmospheric Administration

               Procurement, Acquisition, and Construction


                              (RESCISSION)

       The conference agreement does not include a rescission of 
     $5,000,000 from prior year unobligated balances in NOAA 
     satellite programs, as proposed by the House. The Senate bill 
     did not contain this rescission.

               GENERAL PROVISIONS--DEPARTMENT OF COMMERCE

       The conference agreement includes the following general 
     provisions for the Department of Commerce:
       Section 201.--The conference agreement includes section 
     201, included in both the House and Senate versions of the 
     bill, regarding certifications of advanced payments.
       Sec. 202.--The conference agreement includes section 202, 
     identical in both the House and Senate versions of the bill, 
     allowing funds to be used for hire of passenger motor 
     vehicles.
       Sec. 203.--The conference agreement includes section 203, 
     identical in both the House and Senate versions of the bill, 
     prohibiting reimbursement to the Air Force for hurricane 
     reconnaissance planes.
       Sec. 204.--The conference agreement includes section 204, 
     identical in both the House and Senate versions of the bill, 
     prohibiting funds from being used to reimburse the 
     Unemployment Trust Fund for temporary census workers.
       Sec. 205.--The conference agreement includes section 205, 
     identical in both the House and Senate versions of the bill, 
     regarding transfer authority between Commerce Department 
     appropriation accounts.
       Sec. 206.--The conference agreement includes section 206, 
     providing for the notification of the House and Senate 
     Committees on Appropriations of a plan for transferring funds 
     to appropriate successor organizations within 90 days of 
     enactment of any legislation dismantling or reorganizing the 
     Department of Commerce, as proposed in both House and Senate 
     bills.
       Sec. 207.--The conference agreement includes section 207, 
     included in both the House and Senate bills, requiring that 
     any costs related to personnel actions incurred by a 
     Department or agency funded in title II of this Act, be 
     absorbed within the total budgetary resources available to 
     such Department or agency.
       Sec. 208.--The conference agreement includes section 208, 
     as proposed in the House, allowing the Secretary to award 
     contracts for certain mapping and charting activities in 
     accordance with the Federal Property and Administrative 
     Services Act. The Senate bill did not address this matter.
       Sec. 209.--The conference agreement includes language, as 
     proposed in the House bill, allowing the Department of 
     Commerce Franchise Fund to retain a portion of its earnings 
     from services provided. The Senate contained no similar 
     provision.

[[Page H11326]]

       Sec. 210.--The conference agreement includes a provision, 
     as proposed in the Senate bill, to place a one-year 
     moratorium on the processing or registration of a trademark 
     application for a mark identical to the official tribal 
     insignia of any Federally recognized Indian tribe. The House 
     bill did not address this matter.
       Sec. 211.--The conference agreement includes new language, 
     not in either the House or Senate bills, to prohibit 
     enforcement and transactions related to the registration and 
     renewal of trademarks that are substantially similar to those 
     used in connection with assets which have been confiscated.
       Sec. 212.--The conference agreement includes new language, 
     not in either the House or Senate bills, to provide for the 
     conveyance, at fair market value, of a parcel of land in Two 
     Harbors, Minnesota.
       Sec. 213.--The conference agreement includes new language, 
     not in either the House or Senate bills, to authorize NOAA to 
     enter into a land transfer arrangement to allow for the 
     construction of the NMFS laboratory facility at Lena Point, 
     Alaska.
       Sec. 214.--The conference agreement includes new language, 
     not in either the House or Senate bills, to authorize NOAA to 
     enter into an agreement with the State of Alaska to construct 
     a State-owned facility on Federal land, as well as provide 
     for the development of joint facilities with NOAA.

                        TITLE III--THE JUDICIARY

                   Supreme Court of the United States


                         SALARIES AND EXPENSES

       The conference agreement includes $31,059,000 for the 
     salaries and expenses of the Supreme Court, the same as the 
     amount provided in the Senate bill, and $36,000 below the 
     amount provided in the House bill.


                    CARE OF THE BUILDING AND GROUNDS

       The conference agreement includes $5,400,000 for the 
     Supreme Court Care of the Building and Grounds account, as 
     provided in the House bill, instead of $5,871,000 as provided 
     in the Senate bill and as requested in the budget. This 
     amount is $2,000,000 above the amount provided in fiscal year 
     1998. The reduction from the request is taken as a general 
     reduction.
       The conference agreement allows $2,364,000 of this 
     appropriation to remain available until expended, as provided 
     in the House bill, instead of the entire amount, as provided 
     in the Senate bill.

         United States Court of Appeals for the Federal Circuit


                         SALARIES AND EXPENSES

       The conference agreement includes $16,101,000 for the U.S. 
     Court of Appeals for the Federal Circuit, instead of 
     $16,143,000 as provided in the House bill and $15,631,000 as 
     provided in the Senate bill.

               United States Court of International Trade


                         SALARIES AND EXPENSES

       The conference agreement includes $11,804,000 for the U.S. 
     Court of International Trade, instead of $11,822,000 as 
     provided in the House bill and $11,483,000 as provided in the 
     Senate bill.

    Courts of Appeals, District Courts, and Other Judicial Services


                         SALARIES AND EXPENSES

       The conference agreement provides $2,821,821,000 for the 
     salaries and expenses of the federal judiciary, instead of 
     $2,828,329,000 as provided in the House bill and 
     $2,808,516,000 as provided in the Senate bill.
       In addition, within the amount provided under the Violent 
     Crime Reduction Trust Fund, addressed below, an additional 
     $10,164,000 is available for this account, providing a total 
     availability of appropriations of $2,831,985,000.
       In addition to these appropriated resources, there is 
     likely to be available at least $155,578,000 in fee carryover 
     from prior years, $142,880,000 in current year fees, and 
     $78,276,000 in other resources, for a total availability of 
     resources of $3,208,719,000. Also, the judiciary has pending 
     Year 2000 computer compliance requirements of $13,044,000, of 
     which $10,214,000 is for needs in this account, and the 
     balance is in the Court Security account, for which funding 
     is expected to be made available from pending legislation to 
     provide additional resources for fixing Year 2000 problems.
       With respect to program increases requested in the budget, 
     the conferees believe that probation/pre-trial services are a 
     high priority, and that sufficient resources need to be 
     provided to allow these services to keep up with the rapidly 
     rising number of offenders under post-release supervision. In 
     addition, the conferees expect that security surcharge 
     payments will be made only for validated additional services.
       The language in the House report relating to electronic 
     courtrooms is adopted by reference.
       The conference agreement also appropriates $2,515,000 from 
     the Vaccine Injury Compensation Trust Fund for expenses 
     associated with the National Childhood Vaccine Injury Act of 
     1986, as provided in both the House and Senate bills.
       The conference agreement does not include a general 
     provision added by the Senate that would require the Judicial 
     Conference to study whether Criminal Rule 6 should be amended 
     to allow a witness appearing before a grand jury to have 
     counsel present. The conferees understand that the Judicial 
     Conference of the United States will address this specific 
     issue at the October 1998 meeting of its Advisory Committee 
     on Criminal rules. The conferees further understand that the 
     Advisory Committee has received the views of the American Bar 
     Association, the National Association of Criminal Defense 
     Lawyers, and the Department of Justice on this issue, and 
     will proceed in accordance with established procedure 
     consistent with the Rules Enabling Act. The conferees direct 
     the Judicial Conference to report their findings to the 
     Committees on Appropriations not later than April 15, 1999.


                    VIOLENT CRIME REDUCTION PROGRAMS

       The conference agreement includes an appropriation of 
     $41,043,000 from the Violent Crime Reduction Trust Fund, 
     instead of $60,000,000 as provided in the House bill, and no 
     funds as provided in the Senate bill. These funds are 
     intended to be used to offset workload requirements of the 
     federal judiciary related to the Violent Crime Control and 
     Law Enforcement Act of 1994 and the Anti-Terrorism and 
     Effective Death Penalty Act of 1996. It is intended that 
     $10,164,000 be utilized for workload requirements under 
     Salaries and Expenses, and $30,879,000 be utilized for 
     workload requirements under Defender Services.


                           DEFENDER SERVICES

       The conference agreement includes $360,952,000 for the 
     federal judiciary's Defender Services account, as requested 
     in the budget and as provided in both the House and Senate 
     bills. In addition, $30,879,000 is expected to be provided 
     from funds made available under the Violent Crime Reduction 
     Trust Fund, as requested in the budget and provided in the 
     House bill, instead of no funds, as provided in the Senate 
     bill. In addition, there is expected to be carryover of 
     $3,882,000. As a result, total availability of resources for 
     Defender Services is expected to be $395,713,000.
       The judiciary is currently projecting a shortfall of 
     approximately $14,000,000 in this account for fiscal year 
     1999, even though Congress has provided the full amount of 
     requested resources. The judiciary should take every step 
     available to assure that the budget for this account stays 
     within appropriated resources. Because the cost of the 
     existing program has been rising rapidly, and because of the 
     possibility that funding requirements in fiscal year 1999 
     will exceed the budget request by a significant amount, the 
     conferees have not provided for increases in the rate for 
     panel attorneys or other program increases.
       The reports that the judiciary is expected to provide are 
     the three reports requested in the House report, as well as 
     the report described in the following paragraph.
       The conference agreement does not include a provision 
     included in the Senate bill that would limit monthly payments 
     to court-appointed counsel in federal capital cases to the 
     salary received by the United States Attorney in that 
     district. However, the conferees remain concerned about the 
     cost of federal capital cases. The conferees direct the 
     Administrative Office of the United States Courts to review 
     defense costs in federal capital cases and report on the 
     findings to the House and Senate Judiciary and Appropriations 
     Committees by September 30, 1999.
       The conferees further direct the Administrative Office of 
     the United States Courts to pay particular attention to the 
     following items in the compilation of this report: 1) the 
     number of counsel who have been appointed to represent 
     indigent defendants in federal capital cases in the previous 
     four fiscal years; 2) the number of instances in the previous 
     four fiscal years in which individual appointed counsel in 
     federal capital cases have submitted invoices for legal 
     representation for a calendar month that exceed the amount of 
     salary (excluding health and other employee benefits) that 
     the law of the United States authorized to be paid to the 
     United States Attorney in that calendar month in the district 
     in which the case was prosecuted; 3) the number of instances 
     in the previous four fiscal years in which federal courts 
     have granted waivers under 18 U.S.C. 3006A(d)(3), where the 
     representations were deemed to be extended or complex, 
     concerning the maximum amounts of attorney compensation; and 
     4) the number of instances in the previous four fiscal years 
     in which federal courts have suspended trials or other 
     proceedings due to inadequate compensation for appointed 
     counsel.


                    FEES OF JURORS AND COMMISSIONERS

       The conference agreement includes $66,861,000 for Fees of 
     Jurors and Commissioners, instead of $67,000,000 as proposed 
     in the House bill and $68,721,000 as proposed in the Senate 
     bill. The amount provided reflects the latest estimate from 
     the judiciary of the requirements for this account.


                             COURT SECURITY

       The conference agreement includes $174,569,000 for the 
     federal judiciary's Court Security account, which is $469,000 
     over the amount in the House bill and $2,304,000 below the 
     amount in the Senate bill. In addition, this account is 
     assumed to have additional resources of $1,151,000 in 
     carryover and $2,800,000 for Year 2000 computer compliance 
     costs from other sources of funding.
       The highest priority with respect to program increases is 
     to provide the additional court security officers needed to 
     meet the current applicable standards. This includes one 
     additional court security officer for the U.S. Court of 
     Appeals for the Federal Circuit. The Committees expect to be 
     informed as to how this will be accomplished in reference to 
     the court-by-court tracking system

[[Page H11327]]

     that has been developed at the insistence of the Committees. 
     In addition, it is expected that the report requested in the 
     House report will be provided.

           Administrative Office of the United States Courts


                         salaries and expenses

       The conference agreement includes $54,500,000 for the 
     Administrative Office of the United States Courts, as 
     proposed by the House, instead of $54,682,000 as proposed by 
     the Senate. This level of funding is intended to allow the 
     Administrative Office to operate at current services, but 
     does not provide additional personnel over the fiscal year 
     1998 level. However, the judiciary can obtain an additional 6 
     workyears through reimbursable positions, as requested in the 
     budget. In addition to the amount provided, there is expected 
     to be $39,986,000 available from other sources, including 
     fees, carryover, and reimbursements.

                        Federal Judicial Center


                         salaries and expenses

       The conference agreement includes $17,716,000 for the 
     fiscal year 1999 salaries and expenses of the Federal 
     Judicial Center, as proposed in the Senate bill, instead of 
     $18,000,000 as provided in the House bill.

                       Judicial Retirement Funds


                  payment to the judiciary trust funds

       The conference agreement includes $37,300,000 for payment 
     to the various judicial retirement funds as provided in both 
     the House and Senate bills.

                  United States Sentencing Commission


                         salaries and expenses

       The conference agreement includes $9,487,000 for the U.S. 
     Sentencing Commission, instead of $9,600,000 as provided in 
     the House bill, and $9,374,000 as provided in the Senate 
     bill. There is substantial uncertainty as to the requirements 
     for the Commission in fiscal year 1999 as well as to concerns 
     about whether the Commission will be able to reach decisions 
     given the number of Commissioner vacancies.

                   General Provisions--The Judiciary

       Section 301.--The conference agreement includes section 301 
     as provided in both the House and Senate bills, with minor 
     technical differences, allowing appropriations to be used for 
     services as authorized by 5 U.S.C. 3109.
       Sec. 302.--The conference agreement includes section 302, 
     as included in the House bill, providing the Judiciary with 
     the authority to transfer funds between appropriations 
     accounts but limiting, with certain exceptions, any increase 
     in an account to 10 percent, instead of the Senate provision 
     which would have limited the increase to 20 percent.
       Sec. 303.--The conference agreement includes section 303, 
     included in both the House and Senate bills, with minor 
     technical differences, allowing up to $10,000 of salaries and 
     expenses funds provided in this title to be used for official 
     reception and representation expenses of the Judicial 
     Conference of the United States.
       The conference agreement does not include a provision 
     included in the Senate bill, which would have allowed a cost-
     of-living increase in judges' salaries.

           TITLE IV--DEPARTMENT OF STATE AND RELATED AGENCIES

                          DEPARTMENT OF STATE

                   administrative of Foreign Affairs


                    Diplomatic and consular programs

       The conference agreement includes a total of $1,644,300 for 
     Diplomatic and Consular Programs, instead of $1,657,890,000 
     as included in the House bill $1,685,794,000 as included in 
     the Senate bill. This amount includes a direct appropriation 
     of $1,644,300,000 instead of $1,631,490,000 as provided in 
     the House bill and $1,685,094,000 as provided in the Senate 
     bill. In Title II of the Emergency Supplemental included in 
     This bill, and $25,700,000, to remain available until 
     expended, is provided for increased security overseas to 
     continue the antiterrorism initiatives included in the fiscal 
     year 1997 appropriations Act, instead of under this account, 
     as provided in the House bill.
       The conference agreement does not include any provision for 
     expenditure of registration fees collected pursuant to 
     section 38 of the Arms Export Control Act, as amended, even 
     though $700,000 for the purpose was included in both House 
     and Senate bills. The reason for this deletion is that the 
     National Defense Authorization for Act for fiscal year 1999 
     contained a provision making those fees a permanent, 
     indefinite appropriations, which means those fees will be 
     available without separate appropriation action. Notes is 
     taken of the statutory change in export licensing 
     responsibility for commercial satellites from the Commerce 
     Department administered Commerce Control List to the State 
     Department administered U.S. Munitions List. The conference 
     agreement provides $2,000,000 over fiscal year 1998 levels 
     for the Office of Defense Trade Controls. That office is 
     directed to apply increased resources to hiring additional 
     senior personnel; (GS-13 through GS-15) and support staff to 
     improve scrutiny of export license applications, enhance end-
     use monitoring, and strengthen compliance enforcement 
     measures to ensure that U.S. technology is properly 
     safeguarded when exported.
       The conference report also includes a provision to collect 
     and deposit as an offsetting collection to this account 
     Machine Readable Visa fees in fiscal years 1999 and 2000 to 
     recover authorized costs. The Senate bill included a similar 
     provision but would have made it permanent. The House bill 
     did not include a provision on this matter.
       The conference report includes language making available 
     $500,000 for the National Law Center for Inter-American Free 
     Trade, as provided in the Senate bill. The House bill did not 
     include a similar provision.
       The conference agreement does not include a provision 
     transferring $13,000,000 to the East-West Center, which was 
     proposed in the Senate bill. The House bill did not include a 
     similar provision.
       The conference report contains a provision allowing not to 
     exceed 20 percent of the amounts available under this account 
     and the Salaries and Expenses accounts to be transferred 
     between the two accounts, as provided in the House bill. The 
     Senate bill did not contain a provision on this matter, but 
     instead proposed changing the overall transfer authority for 
     this Title under section 402.
       The amount provided in the conference agreement is slightly 
     above the current services requirement for the Department. 
     Within this amount, and within any savings the Department 
     identifies, the Department will have the ability to propose 
     that these funds be used for needs not funded by the 
     recommendation, including high priority program increases 
     such as China 2000, through the normal reprogramming process. 
     With respect to China 2000, it is expected that language 
     training will be provided prior to personnel being sent to 
     China.
       The language in the House report under this heading is to 
     be followed in expending fiscal year 1999 funds. In addition, 
     this statement of managers adopts by reference the provisions 
     in the Senate report addressing the Arctic Council, the 
     Bering Straits Commission, and the Multi-lateral High Level 
     Conference.
       The Senate provision prohibiting the expenditure of funds 
     on non-reimbursable details, details to non-government 
     organizations, or details as faculty advisers until the 
     Secretary certifies that embassy manning is at 100 percent of 
     the requirements set by the overseas staffing model has not 
     been adopted. Instead, the Department is directed to provide 
     the Committees on Appropriations with a report justifying the 
     aforementioned details not later than December 31, 1998. To 
     the degree that non-reimbursable details can be eliminated or 
     converted to reimbursable details, the resultant savings can 
     be used to hire additional Foreign Service Officers.


                         salaries and expenses

       The conference agreement includes a total of $355,000,000 
     for Salaries and Expenses, instead of $365,235,000 as 
     proposed in the House bill and $349,474,000 as proposed in 
     the Senate bill.
       The conference agreement moves the cost of the renovation 
     of the Main State Building from this account to the Security 
     and Maintenance of U.S. Missions, as proposed in the Senate 
     bill. Taking this into account, the amount provided for this 
     account allows $7,813,000 of requested adjustments to base. 
     To the extent that savings are identified by the Department, 
     they can be used to restore the remaining adjustments to 
     base. The only program increase requested for this account 
     was for the cost of the renovation of the Main State 
     Building, which has been addressed in another account.
       The conference agreement includes a provision transferring 
     $813,333 to the Presidential Advisory Commission on Holocaust 
     Assets in the United States, as proposed in the House bill. 
     The Senate bill did not include a similar provision.


                        capital investment fund

       The conference agreement includes $80,000,000 for the 
     Capital Investment Fund, the amount included in the House 
     bill, instead of $118,340,000 as proposed in the Senate bill. 
     This represents the amount of the request not associated with 
     year 2000 computer conversion costs. Year 2000 conversion 
     costs of $38,340,000 included in the request and additional 
     costs identified since the time of the budget request are 
     anticipated to be addressed through funds that may be 
     provided separately for U.S. Government-wide year 2000 
     compliance.
       The provisions in the House report are adopted by 
     reference.


                      office of inspector general

       The conference agreement includes $27,495,000 for the 
     Office of Inspector General, which has jurisdiction over the 
     Department of State, the United States Information Agency, 
     and the Arms Control and Disarmament Agency, as proposed in 
     the Senate bill, instead of $28,000,000 as proposed in the 
     House bill.
       It is recommended that the Inspector General exercise 
     appropriate oversight over the International Commissions 
     funded under this title.


                       representation allowances

       The conference agreement includes $4,350,000 for 
     Representation Allowances, instead of $4,200,000 as proposed 
     in the House bill and $6,500,000 as proposed in the Senate 
     bill. The Senate bill recommended the consolidation of 
     representation funds, including those provided under the 
     Emergencies in the Diplomatic and Consular Service, and 
     included new bill language citations to implement that 
     recommendation. The conference agreement retains the current 
     structure.


              protection of foreign missions and officials

       The conference agreement includes $8,100,000 for Protection 
     of Foreign Missions

[[Page H11328]]

     and Officials, as provided in the House bill, instead of 
     $7,900,000 as provided in the Senate bill.


           security and maintenance of united states missions

       The conference agreement includes $403,561,000 for this 
     account, instead of $396,000,000 as proposed by the House, 
     and $550,832,000 as proposed by the Senate. This amount 
     includes $7,561,000 for the renovation of the Main State 
     Building, as proposed in the Senate bill, instead of funding 
     under the Salaries and Expenses account as recommended in the 
     House bill. In addition, the budget request indicated a 
     planned expenditure of $126,128,000 from proceeds of sale of 
     surplus property for opportunity purchases and capital 
     projects.
       The Department is directed to submit, and receive approval 
     for, a financial plan for the funding provided here under 
     this account, whether from direct appropriations or proceeds 
     of sales, prior to the obligation or expenditure of funds for 
     capital and rehabilitation projects. The plan shall include 
     project-level detail, and shall be provided to the 
     Appropriations Committees not later than 30 days after the 
     date of enactment of this Act. Any deviation from the plan 
     after approval shall be treated as a reprogramming in the 
     case of an addition greater than $500,000 or as a 
     notification in the case of a deletion, a project cost 
     overrun exceeding 25 percent, or a project schedule delay 
     exceeding 6 months. Notification requirements also extend 
     to the rebaselining of a given project's cost estimate, 
     schedule, or scope of work.
       As in the past, immediate notification is expected if there 
     are facilities that the Department believes pose serious 
     security risks.


           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

       The conference agreement includes $5,500,000 for 
     Emergencies in the Diplomatic and Consular Service account, 
     as provided in the House bill, instead of $3,500,000, as 
     provided in the Senate bill.


                   REPATRIATION LOANS PROGRAM ACCOUNT

       The conference agreement includes a total appropriation of 
     $1,200,000 for the Repatriation Loans Program account, as 
     provided in the House bill, instead of $1,000,000 as provided 
     in the Senate bill.


              PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN

       The conference agreement includes $14,750,000 for the 
     Payment to the American Institute in Taiwan account, instead 
     of $15,000,000 as proposed in the House bill, and $14,490,000 
     as proposed in the Senate bill.


     PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY FUND

       The conference agreement includes $132,500,000 for the 
     Payment to the Foreign Service Retirement and Disability Fund 
     account, as provided in both the House and Senate bills.

              International Organizations and Conferences


              CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS

       The conference agreement includes $922,000,000 for 
     Contributions to International Organizations to pay the costs 
     assessed to the United States for membership in international 
     organizations, instead of $914,000,000 as proposed in the 
     House bill, and $1,131,718,000 as proposed in the Senate 
     bill, of which $877,718,000 was for current year assessments, 
     and $254,000,000 was for payment of arrearages to the United 
     Nations. The conference agreement includes all arrearage 
     payments under a separate account.
       The conference agreement includes language providing that 
     none of the funds can be used for the U.S. share of interest 
     costs for loans incurred after October 1, 1984 through 
     external borrowings, as provided in the House bill. The 
     Senate bill did not contain a similar provision.
       The conference agreement contains a provision that 
     $100,000,000 may be made available to the United Nations only 
     on a semi-annual basis pursuant to a certification that the 
     U.N. has taken no action to cause the U.N. to exceed the 
     expected 1998-1999 budget of $2,533,000,000, as provided in 
     the House bill. The Senate bill contains no similar 
     provision.
       The conference agreement includes a provision that not to 
     exceed $15,000,000 shall be transferred from this account to 
     the International Conferences and Contingencies (ICC) account 
     for United States contributions to the Comprehensive Nuclear 
     Test Ban Treaty Preparatory Commission for specified 
     purposes, as provided in the House bill. The Senate bill did 
     not contain a provision on this matter. The first $385,000 of 
     such transfer is to be spent on upgrading, operating, and 
     maintaining international monitoring sites described in the 
     Senate report under the Arms Control and Disarmament Agency. 
     The State Department is expected to consult with the 
     Committees on Appropriations prior to such a transfer.
       The conference agreement also includes a provision 
     permitting not to exceed $1,223,000 to be transferred to the 
     ICC account for assessed contributions to new or provisional 
     organizations or for travel expenses of official delegates to 
     international conferences, subject to reprogramming 
     requirements, as provided in the Senate bill. The House bill 
     did not contain a provision on this matter.
       The conference agreement includes $2,000,000 to establish 
     an international center for response to chemical, biological 
     and nuclear weapons, instead of $2,400,000 as proposed in the 
     Senate bill. The House bill did not contain a provision on 
     this matter.
       The conference agreement does not contain a number of 
     provisions in the Senate bill relating to payment of 
     arrearages. Arrearages are addressed in a separate account.
       The $922,000,000 provided by the conference agreement is 
     expected to be sufficient to fully pay assessments to 
     international organizations. In fiscal year 1998, the total 
     required from fiscal year 1998 appropriations to fully pay 
     assessments was $869,103,000. With excess fiscal year 1998 
     funds, the Department has prepaid $19,953,000 of the fiscal 
     year 1999 assessment to the United Nations.
       Within the request, there are a number of assessments that 
     are not required, including the International Seabed 
     Authority and the International Tribunal of the Law of the 
     Sea. In addition, no funding is provided for the Inter-
     American Indian Institute, the Interparliamentary Union, and 
     the Bureau of International Expositions. In addition, the 
     Department is apparently contemplating for the first time not 
     withholding funds that it believes constitute an overpayment 
     to the tax equalization fund at the U.N., which, if current 
     policies were continued, would save approximately $7,000,000.
       To the extent that, due to unanticipated exchange rate 
     changes, the amount is not sufficient to fully pay 
     assessments, the conferees intend that funds be provided to 
     the highest priority organizations as indicated in the House 
     report.
       The Statement of Managers does not adopt a Senate provision 
     tying release of payments to international organizations to 
     certification that the overhead costs of a given 
     international organization account for no more than 15 
     percent of the total budget of that organization. Instead, 
     the Department is directed to update its report on 
     international organization overhead rates. The report should 
     include a clear, consistent definition of overhead costs, and 
     should be delivered to the Committees on Appropriations no 
     later than March 13, 1999. To the degree that resources in 
     this account fall short of needs, the Department should 
     withhold payments from organizations with the highest 
     overhead rates. The Department is expected to consult with 
     the Committees on Appropriations should reductions become 
     necessary.
       The conference agreement intends that the funding provided 
     under this account be for assessments for all international 
     organizations. The Senate bill proposed to transfer funding 
     for 7 commodity-based organizations to the Commerce 
     Department and 3 justice-related organizations to the Justice 
     Department.
       The conference report includes a new provision, not 
     included in either the House or Senate bill, which would 
     ensure that the Department has the authority to pay for the 
     full U.S. assessment to the civil budget of the North 
     Atlantic Treaty Organization.
       Provisions in the House report relating to a report on 
     budget reductions and reforms in international organizations, 
     Israel's acceptance into the Western Europe and Other Group 
     regional bloc, the Pan American Health Organization, and no 
     funding for worldwide conferences are adopted by reference.


        CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES

       The conference agreement provides $231,000,000 for 
     Contributions for International Peacekeeping Activities, 
     instead of $220,000,000, as proposed in the House bill, and 
     $431,093,000 as proposed in the Senate bill, of which 
     $210,093,000 was for payment of current year peacekeeping 
     assessments and $221,000,000 was for payment of peacekeeping 
     arrearages. The conference agreement addresses arrearages 
     under a separate account.
       The conference agreement includes a provision that 
     prohibits obligation or expenditure of funds for new or 
     expanded U.N. peacekeeping missions unless, at least 15 days 
     prior to the Security Council vote, the appropriate 
     Committees of the Congress are notified of the estimated cost 
     and length of the mission, the vital national interest that 
     will be served, and the planned exit strategy; and a 
     reprogramming of funds is submitted setting forth the source 
     of funds that will be used to pay for the cost of the new or 
     expanded mission, as included in the House bill. The Senate 
     bill did not contain a provision on this matter.
       The conference agreement contains a provision requiring a 
     certification that American manufacturers and suppliers are 
     being given opportunities to provide equipment, services, and 
     material for U.N. peacekeeping activities equal to those 
     being given to foreign manufacturers and suppliers, as 
     provided in the House bill. The Senate bill did not 
     contain a provision on this matter.
       In addition, the conference agreement includes a provision 
     prohibiting funds from being used to pay the United States 
     share of the cost of judicial monitoring that is part of any 
     United Nations peacekeeping mission. Thus, if any current or 
     future peacekeeping operation includes judicial monitoring as 
     one of its functions, the U.S. will have to withhold its 
     proportionate share of the cost of any court monitoring that 
     is included in such a mission. This provision was not 
     included in either the House or the Senate bill.
       The conference agreement does not include several 
     provisions relating to arrearages that were included in the 
     Senate bill, as arrearages are addressed under a separate 
     account.

[[Page H11329]]

       This statement of managers adopts by reference language in 
     the House report making it clear that the Department is 
     expected to live within the appropriation; requiring 
     reprogramming requirements for certain missions that may 
     continue, but for which information has either not been 
     provided or is under consideration; requiring a report on 
     waste, fraud and abuse in peacekeeping operations, and to 
     take all actions necessary to prevent conversion of loaned 
     employees into permanent positions at the United Nations. 
     This statement of managers adopts by reference language in 
     the Senate report urging the Department to pursue cost-
     sharing arrangements on peacekeeping missions and directing 
     the State Department to block any effort to convert Rapidly 
     Deployable Mission Headquarters funding from voluntary to 
     assessed contributions.


                           ARREARAGE PAYMENTS

       The conference agreement includes $475,000,000 for 
     arrearage payments, as proposed in the House bill under this 
     account, instead of $254,000,000 and $221,000,000 as proposed 
     in the Senate bill under Contributions to International 
     Organizations and Contributions for International 
     Peacekeeping, respectively. The conference agreement makes 
     the expenditure of these funds contingent upon enactment of 
     an authorization, and upon a reduction in the U.S. assessment 
     rate for the U.N. regular budget to at least 22 percent, and 
     for peacekeeping to at least 25 percent, as proposed in the 
     House bill.
       These conditions, including those conditions pending as 
     part of the authorization, are intended to assure that real 
     and substantial reforms are achieved at the U.N. prior to 
     payment of arrearage funding, and to assure assessment 
     reductions that will provide long-term savings to the 
     American taxpayer.

                       International Commissions


 INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO

                         SALARIES AND EXPENSES

       The conference agreement includes $19,551,000 for Salaries 
     and Expenses of the International Boundary and Water 
     Commission (IBWC), instead of $18,490,000 as proposed in the 
     House bill, and $17,490,000 as proposed in the Senate bill. 
     The total amount provided in the conference agreement for 
     Salaries and Expenses and Construction is the same as was 
     provided in the House bill. However, $1,061,000 has been 
     moved from Construction to Salaries and Expenses to address a 
     situation brought to the attention of the conferees by the 
     Department. Costs for operation of the South Bay 
     International Wastewater Treatment Plant are higher than 
     budgeted due mainly to the requirement to monitor the ocean 
     water after the new plant begins discharging treated 
     wastewater. Appropriated and carryover funds are sufficient 
     in the Construction account to address this additional need 
     as well as to carry on planned construction activities, but 
     the amount of funds required to be transferred to the 
     Salaries and Expenses account exceeds the transfer authority 
     available. Consequently, the adjustment was requested to be 
     made a part of the conference report. Carryover funds from 
     within the Construction account from the Tijuana Sanitation 
     Project are to be used to make up the reduction in 
     Construction funds caused by the switch.
       The statement of managers adopts by reference language in 
     the House report relating to the Nogales Wash.

                              Construction

       The conference agreement includes $5,939,000 for the 
     Construction account of the IBWC, instead of $7,000,000 as 
     proposed in the House bill and $6,463,000 as proposed in the 
     Senate bill. As explained under the previous account, 
     $1,061,000 has been moved from the House amount for 
     Construction to Salaries and Expenses to cover an unbudgeted 
     need that could not be solved through a transfer of funds 
     after enactment of this appropriation. However, carryover 
     from the Tijuana Sanitation Project is available to allow the 
     Construction account to carry out planned projects. It is 
     intended that $2,000,000 be provided for the Rio Grande 
     Canalization project.


              AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS

       The conference agreement includes $5,733,000 for the U.S. 
     share of expenses of the International Boundary Commission, 
     the International Joint Commission, United States and Canada, 
     and the Border Environment Cooperation Commission, instead of 
     $5,490,000 as provided in both the House and Senate bills. 
     The conference level will provide funding for the 
     International Joint Commission at the request level, and the 
     International Boundary Commission and the Border Environment 
     Cooperation Commission at the fiscal year 1998 level.

                  International Fisheries Commissions

       The conference agreement includes $14,549,000 for the U.S. 
     share of the expenses of the International Fisheries 
     Commissions and related activities, as proposed in the Senate 
     bill, instead of $14,490,000 as proposed in the House bill. 
     The distribution of funds is to be provided as requested in 
     the budget.

                                 Other


                     PAYMENT TO THE ASIA FOUNDATION

       The conference agreement includes $8,250,000 for the 
     Payment to the Asia Foundation account, the amount provided 
     in the House bill, instead of no funding, as provided in the 
     Senate bill. The increase over the fiscal year 1998 level is 
     to be used for the purposes described in the House report.

                            RELATED AGENCIES

                  Arms Control and Disarmament Agency


                ARMS CONTROL AND DISARMAMENT ACTIVITIES

       The conference agreement includes $41,500,000 for the Arms 
     Control and Disarmament Agency (ACDA), as proposed in the 
     House bill, instead of $43,400,000 as proposed in the Senate 
     bill. The Agency is directed to provide a detailed financial 
     plan to the Committees within 30 days of enactment of this 
     Act, setting forth how these funds will be distributed to 
     fund basic operating expenses. Funding for activities 
     other than basic operating expenses that are identified in 
     the financial plan will be subject to the $500,000 
     reprogramming threshold in section 605 of this Act. Any 
     variation from the plan that falls within the 
     reprogramming criteria of section 605, including spending 
     for activities that do not constitute operating expenses, 
     shall be subject to reprogramming. If the Agency is 
     contemplating changes to its financial plan, the Agency is 
     expected to consult with the Committees to determine 
     whether those changes fall within the reprogramming 
     criteria prior to undertaking such action.

                    United States Information Agency

                   INTERNATIONAL INFORMATION PROGRAMS

       The conference agreement includes $455,246,000 for 
     International Information Programs of the United States 
     Information Agency (USIA) instead of $457,146,000 as proposed 
     in the House bill, and $427,097,000 as proposed in the Senate 
     bill. It is expected that the program direction included in 
     both the House and Senate reports shall be followed.


                            TECHNOLOGY FUND

       The conference agreement includes no funding under the 
     Technology Fund account as proposed in the House bill, 
     instead of $5,050,000 as proposed in the Senate bill. It is 
     expected that USIA will be able to meet its highest priority 
     technology funding needs by using the available carryover 
     funds in this account, and through other appropriations that 
     may be available separately for Year 2000 compliance. In 
     addition, under the Educational and Cultural Exchange 
     Programs account, the conference agreement provides authority 
     to transfer up to $2,000,000 to this account for technology 
     requirements other than Year 2000 compliance.


               EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS

       The conference agreement includes $202,500,000 for 
     Educational and Cultural Exchange Programs instead of 
     $200,000,000 as proposed in the House bill and $205,024,000 
     as proposed in the Senate bill. The conference agreement also 
     provides that not to exceed $800,000 may be credited to this 
     appropriation from fees and other payments.
       The availability of significant carryover and recovery 
     funds in this account is noted, and USIA is directed to 
     submit a proposal, no later than December 31, 1998, through 
     the normal reprogramming process for the distribution of the 
     total resources available in this account. Such a 
     distribution shall include funding for the following programs 
     at not less than the amounts designated. In addition, all 
     programs specifically mentioned in the House and Senate 
     reports, but not mentioned in the following list shall be 
     supported to the maximum extent possible: Fulbright Academic 
     Exchanges--$95,000,000; Educational Advising and Student 
     Services--$3,100,000; English Language Programs--$2,479,000; 
     Council of Overseas American Research Centers--$300,000; 
     American Overseas Research Centers--$1,700,000; South Pacific 
     Exchanges--$500,000; International Visitors Program--
     $41,270,000; Congress-Bundestag Youth Exchange--$2,400,000; 
     Pepper Scholarships--$250,000; Executive Education Program 
     for Central European Business and Professional Leaders--
     $275,000; Mike Mansfield Fellowships--$2,200,000; U.S./Mexico 
     Conflict Resolution Center--$500,000; Institute for 
     Representative Government--$400,000; National Youth Science 
     Camp of the Americas--$100,000; Interparliamentary Exchanges 
     with Korea and China--$150,000; 1999 Women's World Cup--
     $2,000,000 and Special Olympics--$1,250,000. In addition, the 
     distribution of funds shall include funding, to the maximum 
     extent possible, for the Disability Exchange Clearinghouse 
     program.
       It is intended that the amount provided for the Congress-
     Bundestag Youth Exchange will support 380 exchanges.
       USIA is again encouraged to introduce more competition to 
     improve the quality and lower the costs of exchange programs. 
     USIA is expected to continue to consult with the Committees 
     to ensure that the competition for the administration of the 
     Fulbright senior scholar program will address the issue of 
     competition on a regional basis so as to maximize the 
     availability of competitor organizations.
       The conference agreement includes bill language not 
     proposed in either bill which allows the transfer of not to 
     exceed $2,000,000 from the funds made available in this 
     account to the Technology Fund account to provide for the 
     costs of high priority technology requirements other than 
     Year 2000 compliance.


           EISENHOWER EXCHANGE FELLOWSHIP PROGRAM TRUST FUND

       The conference agreement includes language as provided in 
     both the House and Senate bills, allowing all interest and 
     earnings accruing to the Trust Fund in fiscal year 1999 to be 
     used for necessary expenses of the Eisenhower Exchange 
     Fellowships.

[[Page H11330]]

                    ISRAELI ARAB SCHOLARSHIP PROGRAM

       The conference agreement includes language as provided in 
     both the House and Senate bills, allowing all interest and 
     earnings accruing to the Scholarship Fund in fiscal year 1999 
     to be used for necessary expenses of the Israeli Arab 
     Scholarship Program.


                 INTERNATIONAL BROADCASTING OPERATIONS

       The conference agreement includes $362,365,000 for 
     International Broadcasting Operations, instead of 
     $383,957,000 as proposed in the House bill, and instead of 
     $332,915,000 as proposed in the Senate bill. The conference 
     agreement adopts the approach proposed in the Senate bill for 
     broadcasting to Cuba. No funds for broadcasting to Cuba are 
     included under this account, as proposed by the House, but 
     rather, all funding for broadcasting to Cuba is included 
     under a separate account, as proposed by the Senate, 
     consistent with the fiscal year 1998 appropriations Act.
       The amount provided includes all requested adjustments to 
     base. In addition, the conference agreement includes a 
     program increase of $2,600,000 above the amount requested for 
     Radio Free Asia (RFA). Total fiscal year 1999 funding of 
     $22,000,000 for RFA provides the annualized costs of fiscal 
     year 1998 program increases for expanded broadcasting to 
     China, and additional resources to provide for 24 total 
     broadcast hours per day to China in various languages.
       The Agency and the Broadcasting Board of Governors are 
     directed to submit to the House and Senate Committees on 
     Appropriations, no later than December 31, 1998, a financial 
     plan including a distribution of the total resources 
     available under this account. In addition, The Broadcasting 
     Board of Governors is directed to implement the development 
     of Uighur and Macedonian broadcasting by Radio Free Asia and 
     the Voice of America, respectively, and to submit details of 
     this implementation to the Committees along with the 
     financial plan no later than December 31, 1998.
       Within the total amount provided for international 
     broadcasting operations, $4,000,000 shall be for the costs of 
     Radio Free Iran, a Farsi-language surrogate broadcasting 
     service to Iran, which was initiated by Radio Free Europe/
     Radio Liberty with funding provided in 1998. The 
     conference agreement does not include additional funding 
     for Radio Free Europe/Radio Liberty to initiate and 
     operate Radio Free Iraq, a new Arabic language broadcast 
     service. Funding provided in the 1998 Supplemental 
     Appropriations Act (P.L. 105-174) was sufficient to 
     support the fiscal year 1998 and fiscal year 1999 costs of 
     Radio Free Iraq. The conference agreement reflects 
     continuing support for the contribution made by Radio Free 
     Europe/Radio Liberty to United States national interests.
       In recognition of language included in the Senate report, 
     communications with the House and Senate Committees on 
     Appropriations on the part of the various broadcasting 
     entities, including the independent grantee organizations, 
     shall be coordinated through the Broadcasting Board of 
     Governors.
       Within the total amount provided for the Voice of America, 
     the conference agreement stipulates that the Voice of America 
     may initiate expanded programming to Africa under a service 
     entitled ``Radio Democracy for Africa,'' subject to 
     reprogramming, even if the funds provided are less than the 
     thresholds established in section 402 and 605 of this Act. 
     This service would expand VOA's reach into Africa by building 
     on existing programs, adding more news, and increasing in-
     country reporting on a continent where only six of the 54 
     countries have a free press. USIA and the Broadcasting Board 
     of Governors shall provide the Committees with a detailed 
     plan justifying the specific amounts dedicated to Radio 
     Democracy for Africa.


                          BROADCASTING TO CUBA

       The conference agreement includes $22,095,000 for 
     Broadcasting to Cuba under a separate account, as proposed in 
     the Senate bill, instead of $21,992,000 within the total for 
     International Broadcasting Operations, as proposed in the 
     House bill.

                           Radio Construction

       The conference agreement includes $13,245,000 for Radio 
     Construction, as proposed in the Senate bill, instead of 
     $16,308,000 as proposed in the House bill. This account 
     provides funding for the following activities: maintenance, 
     improvements, replacements and repairs; satellite and 
     terrestrial program feeds; engineering support activities; 
     and broadcast facility leases and land rentals.
       The conference agreement takes into account the 
     availability of approximately $10,700,000 in carryover 
     balances, and the transfer of $2,866,000 in fiscal year 1998 
     from the International Broadcasting Operations account to 
     support the retrofitting of transmitters with solid state 
     modulators, originally budgeted as a fiscal year 1999 cost.
       The conference agreement acknowledges the presence once 
     again of large carryover balances attributed to the Digital 
     Project. The Broadcasting Board of Governors is directed to 
     submit to the Committees quarterly reports on the status of 
     the project, including information on planned and actual 
     obligations.


                            EAST-WEST CENTER

       The conference agreement includes $12,500,000 for 
     operations of the East-West Center, instead of no funds, as 
     proposed in the House bill, and $12,000,000, as proposed in 
     the Senate bill. The conference agreement does not include a 
     transfer of $13,000,000 from the Department of State, 
     Diplomatic and Consular Programs account, as proposed in the 
     Senate bill.


                           NORTH/SOUTH CENTER

       The conference agreement includes $1,750,000 for operations 
     of the North/South Center, instead of no funds, as proposed 
     in the House bill, and $3,000,000, as proposed in the Senate 
     bill.


                    NATIONAL ENDOWMENT FOR DEMOCRACY

       The conference agreement includes $31,000,000 for the 
     National Endowment for Democracy as proposed in the House 
     bill, instead of $30,500,000 as proposed in the Senate bill.

      General Provisions--Department of State and Related Agencies

       Section 401.--The conference agreement includes section 
     401, as provided in the Senate bill, permitting use of funds 
     for allowances, differentials, and transportation. The House 
     bill contained a similar provision, with minor technical 
     changes.
       Sec. 402.--The conference agreement includes section 402, 
     as provided in the House bill, dealing with transfer 
     authority. The Senate bill contained a similar provision, 
     with minor technical changes.
       Sec. 403.--The conference agreement includes a provision, 
     as proposed in the House bill, to allow payment of a border 
     equalization adjustment to approximately 20 employees of the 
     Department of State and other agencies who are not members of 
     the Foreign Service, live in the United States, but commute 
     to work in locations in Mexico and Canada. This section will 
     equalize pay for these employees based on the locality pay 
     rates paid for service performed in the United States within 
     the locality pay areas closest to the employees' foreign duty 
     station. The Senate bill did not include a provision on this 
     matter.
       Sec. 404.--The conference agreement includes section 404, 
     as proposed in the House bill, permitting the Japan-U.S. 
     Friendship Commission to interchange funds between its dollar 
     and yen trust funds to maximize return on investments. The 
     Senate had a similar provision as section 617 under Title VI, 
     with minor technical differences. The Conference agreement 
     does not include additional language, as proposed in the 
     House bill, providing for the name of the Commission to be 
     changed to the United States-Japan Commission.
       Sec. 405.--The conference agreement includes section 405, 
     as provided in the House bill, authorizing the Director of 
     USIA to administer summer travel and work programs without 
     regard to preplacement requirements. The Senate bill did not 
     include a provision on this matter.
       Sec. 406.--The conference agreement includes section 406, 
     as provided in the House bill, extending privileges and 
     immunities to the United Nations Industrial Development 
     Organization to the same extent as would apply if the U.S. 
     were a member of that organization. The Senate bill did not 
     include a provision on this matter.
       Sec. 407.--The conference agreement includes section 407, 
     as provided in the House bill, extending law enforcement 
     availability pay to diplomatic security agents of the 
     Department of State. The Senate bill did not include a 
     provision on this matter.
       Sec. 408.--The conference agreement includes section 408, a 
     modified version of a provision numbered section 403 in the 
     Senate bill, prohibiting the use of funds by the Department 
     of State or USIA to provide certain types of assistance to 
     the Palestinian Broadcasting Corporation. The conference 
     agreement does not include ``training'' among the types of 
     assistance prohibited, and deletes the words ``or similar 
     organization'' from the Senate provision. The House did 
     not include a provision on this matter, but included 
     report language under the USIA section. The conference 
     agreement expects that neither the Department of State, 
     nor USIA, shall provide assistance to the PBC, or any 
     similar Palestinian media entity, which could enable the 
     further restriction of press freedoms or the broadcast of 
     inaccurate, inflammatory messages.
       Sec. 409.--The conference agreement includes section 409, 
     as proposed in the Senate bill, giving the Secretary of State 
     permanent authority to pay tort claims arising in foreign 
     countries in connection with the Department's overseas 
     operations. The House bill did not contain a provision on 
     this matter.
       Sec. 410.--The conference agreement includes section 410, 
     which is a modification of a provision in the Senate bill 
     under Senate sections 116(b) and 409. This provision amends 
     section 104 of the Illegal Immigration and Immigrant 
     Responsibility Act of 1996 to extend the implementation date 
     for the State Department to issue new counterfeit resistant 
     border crossing cards by two years. In addition, it 
     establishes a reduced fee for the issuance of a border 
     crossing card from Mexico for children under 15, to be 
     implemented 6 months from date of enactment, requiring the 
     overall machine readable visa fee to be adjusted to recover 
     the cost of this reduced fee, and requiring that processing 
     of visa applications at certain locations in Mexico continue 
     until a date certain. The House bill did not include a 
     provision on this matter.
       Sec. 411.--The conference agreement includes section 411, 
     not included in either the House or Senate bill, waiving 
     provisions of

[[Page H11331]]

     existing legislation that require authorizations to be in 
     place for the State Department, the United States Information 
     Agency, including International Broadcasting Operations, and 
     the Arms Control and Disarmament Agency prior to the 
     expenditure of any appropriated funds.
       The conference agreement does not include a provision, as 
     proposed in the Senate bill as section 410, requiring the 
     Secretary of State to conduct a study on the processing of 
     nonimmigrant visas. However, the Department is directed to 
     undertake a study to determine the adequacy of staffing at 
     United States consular posts, particularly during peak travel 
     periods; the adequacy of service to international tourism; 
     the adequacy of computer and technical support to consular 
     posts; the appropriate standard to determine whether a 
     country qualifies as a pilot program country under section 
     217 of the Immigration and Nationality Act; and steps that 
     need to be taken and have been taken to implement standards 
     governing the timely processing of applications for 
     nonimmigrant visas at United States consular posts and to 
     report back to the Committees by March 1, 1999.

                       TITLE V--RELATED AGENCIES

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


                       maritime security program

       The conference agreement includes $89,650,000 for the 
     Maritime Security Program instead of $97,650,000 as proposed 
     in both the House and Senate bill. At least $8,000,000 in 
     carryover funding is understood to be available, in addition 
     to new appropriations, to provide full funding for the fiscal 
     year 1999 requirements of the program. This program, funded 
     under the allocation for national security programs, provides 
     payments to maintain and preserve a U.S.-flag merchant fleet 
     for the national security needs of the United States.


                        operations and training

       The conference agreement includes $69,303,000 for the 
     Maritime Administration Operations and Training account 
     instead of $67,600,000 as proposed in the House bill and 
     instead of $69,818,000 as proposed in the Senate bill. Within 
     this amount, $32,000,000 shall be for the operation and 
     maintenance of the U.S. Merchant Marine Academy, and 
     $6,750,000 shall be for the State Maritime Academies. Within 
     the amount for State Maritime Academies, $1,200,000 shall be 
     for student incentive payments, the same amount as provided 
     in 1998. The Maritime Administration is urged to work with 
     the Department of the Navy regarding the need to provide 
     future funding in this account for student incentive 
     payments.
       In addition, MARAD is expected to comply with report 
     language in both the House and Senate reports.


          maritime guaranteed loan (title xi) program account

       The conference agreement provides $6,000,000 in subsidy 
     appropriations for the Maritime Guaranteed Loan Program as 
     proposed in both the House and Senate bills. This amount will 
     subsidize a program level of not more than $1,000,000,000 as 
     proposed in both the House and Senate bills.
       The conference agreement also included $3,725,000 for 
     administrative expenses associated with the Maritime 
     Guaranteed Loan Program as proposed in the House bill, 
     instead of $4,000,000 as proposed in the Senate bill. The 
     amount for administrative expenses may be transferred to and 
     merged with amounts under the MARAD Operations and Training 
     account.

           Administrative Provisions--Maritime Administration

       The conference agreement includes provisions contained in 
     both the House and Senate bills involving Government property 
     controlled by MARAD, the accounting for certain funds 
     received by MARAD, and a prohibition on obligations from the 
     MARAD construction fund.

      Commission for the Preservation of America's Heritage Abroad


                         salaries and expenses

       The conference agreement provides $265,000 for the 
     Commission for the Preservation of America's Heritage Abroad, 
     instead of $280,000 as proposed in the House bill and 
     $250,000 as proposed in the Senate bill. The Commission is 
     expected to comply with the program direction included in the 
     Senate report.

                       Commission on Civil Rights


                         salaries and expenses

       The conference agreement includes $8,900,000 for the 
     salaries and expenses of the Commission on Civil Rights as 
     proposed in the Senate bill, instead of $8,740,000 as 
     proposed in the House bill.
       Concerns remain about the state of basic management 
     controls at the Commission. The conference agreement is based 
     on the expectation that the Commission will continue its 
     efforts to establish accountability for resources, and 
     improve management controls. The Commission shall submit a 
     report not later than January 31, 1999, detailing the 
     Commission's activities since last year's GAO report to 
     improve resource and project management. In addition, the 
     Commission shall submit, not later than January 31, 1999, a 
     comprehensive financial plan for fiscal year 1999 accounting 
     for total available resources by project and activity.

            Commission on Security and Cooperation in Europe


                         salaries and expenses

       The conference agreement includes $1,170,000 for the 
     Commission on Security and Cooperation in Europe as proposed 
     in the House bill, and instead of $1,159,000 as proposed in 
     the Senate bill.

                Equal Employment Opportunity Commission


                         salaries and expenses

       The conference agreement includes $279,000,000 for the 
     salaries and expenses of the Equal Employment Opportunity 
     Commission, instead of $260,500,000 as proposed in the House 
     bill, and $253,580,000 as proposed in the Senate bill.
       Within the total amount, the conference agreement includes 
     $29,000,000 for payments to State and local Fair Employment 
     Practices Agencies (FEPA's) for services to the Commission, 
     instead of $28,000,000 as proposed in the House bill and 
     $27,500,000 as proposed in the Senate bill. The additional 
     funds provided above the request for this item shall be used 
     to reimburse FEPA's for additional charge resolutions.
       The conference agreement provides full funding for all 
     adjustments to base, an increase of $1,500,000 for FEPA's and 
     additional funding for program increases, including 
     $9,690,000 for necessary automation improvements at the EEOC. 
     This increase includes requirements for Year 2000 compliance. 
     Additional resources are provided for program increases to 
     support improvements to the investigation and resolution of 
     actual individual charges of discrimination. These resources 
     will allow the EEOC to continue to reduce the backlog of 
     pending private sector charges, and to significantly expand 
     the use of alternative dispute resolution to resolve private 
     sector charges. The EEOC is directed to submit to the 
     Committee a distribution of the total amount of funds under 
     this account, no later than December 15, 1998, including 
     plans for the implementation of program increases, making 
     reference to the specific direction included in the House and 
     Senate reports. This distribution shall be considered by the 
     Committees under the reprogramming guidelines in section 605 
     of this Act.

                   Federal Communications Commission


                         salaries and expenses

       The conference agreement includes a total of $192,000,000 
     for the salaries and expenses of the Federal Communications 
     Commission (FCC) instead of $181,514,000 as proposed in the 
     House bill, and $197,921,000 as proposed in the Senate bill. 
     Of the amounts provided, $172,523,000 is to be derived from 
     offsetting fee collections, as proposed in both the House and 
     Senate bills, resulting in a net direct appropriation of 
     $19,477,000, instead of $8,991,000 included in the House 
     bill, and $25,398,000 included in the Senate bill.
       The conference agreement includes language included in both 
     the House and Senate bills, and included in previous 
     appropriations Acts, allowing fees in excess of the amounts 
     specified to remain available for expenditure in future 
     years. In addition, language is also included, as recommended 
     in the House bill and included in previous appropriations 
     Acts, allowing funds provided for research and policy studies 
     to remain available for two years. The Senate bill made such 
     funds available for one year.
       The FCC is directed to submit, no later than December 15, 
     1999, a financial plan proposing a distribution of all funds 
     in this account, subject to the reprogramming requirements 
     under section 605 of this Act.
       The conference agreement does not include a requested 
     funding increase for Year 2000 compliance requirements. The 
     Commission is expected to be able to meet these requirements 
     through funds that may be appropriated separately for that 
     purpose.
       The conference agreement does not include a provision, as 
     proposed in the House bill, prohibiting the use of funds for 
     rental of headquarters space at the Portals II building 
     assessed by the General Services Administration, or for any 
     relocation expenses, until such time as ongoing 
     investigations by the Congress and the Department of Justice 
     determine that the lease agreement was lawfully entered into 
     by the parties involved.
       It is noted that operators of public safety radio systems 
     are concerned about interference on frequencies they use for 
     emergency dispatch crews, and FCC is encouraged to consider 
     measures to address this concern through prior coordination 
     of radio systems.

                      Federal Maritime Commission


                         salaries and expenses

       The conference agreement includes $14,150,000 for the 
     salaries and expenses of the Federal Maritime Commission, 
     instead of $14,000,000 as proposed in the House bill and 
     $14,300,000 as proposed in the Senate bill.

                        Federal Trade Commission


                         salaries and expenses

       The conference agreement includes a total operating level 
     of $116,679,000 for the Federal Trade Commission, instead of 
     $111,867,000 as proposed in the Senate bill, and $110,490,000 
     as proposed in the House bill. The conference agreement 
     assumes that of the amount provided, $76,500,000 will be 
     derived from fees collected in fiscal year 1999 and 
     $30,000,000 will be derived from estimated unobligated fee 
     collections available from Fiscal Year 1998. These actions 
     result in a final appropriated level of $10,179,000, 
     instead of

[[Page H11332]]

     $3,990,000 as proposed in the House bill and $3,167,000 as 
     proposed in the Senate bill.
       Within the amount provided, the FTC shall institute a toll-
     free telephone number to make it easier for citizens to 
     contact the U.S. Government with consumer complaints, and 
     accelerate and expand the Consumer Sentinel consumer and 
     internet fraud database. The conferees also agree to consider 
     the use of any unobligated fee collections from 1998 above 
     $30,000,000 for this and other consumer protection 
     initiatives, subject to the reprogramming requirements 
     outlined in section 605 of this Act.
       The Commission is expected to follow the direction in the 
     House report regarding the standard for ``Made in U.S.A.''.
       It is noted that FTC regulation addressing funeral director 
     and funeral service practices does not include cemeteries or 
     other third-party merchandise sellers. In order to ensure 
     consumers are afforded access to accurate, itemized price 
     information and disclosure about burial or funeral goods, the 
     FTC is encouraged to review the sales, marketing, price 
     disclosure, and other consumer practices of all persons, 
     partnerships, corporations, or nonprofit organizations that 
     sell burial or funeral products to the public and are not 
     covered by the regulation.
       It is understood that the FTC is undertaking a study of 
     self-regulatory activities of alcoholic beverage companies to 
     address concerns about alcohol advertising and underage 
     drinking, and that upon completion of the study, the results 
     will be made available to the relevant Committees of 
     Congress. Congress, upon review of the report, may have 
     additional areas of inquiry for the Commission to 
     investigate.

                       Legal Services Corporation


               PAYMENT TO THE LEGAL SERVICES CORPORATION

       The conference agreement includes $300,000,000 for payment 
     to the Legal Services Corporation, as proposed in the Senate 
     bill, instead of $250,000,000 as proposed in the House bill.
       The conference agreement provides $289,000,000 for grants 
     to basic field programs and independent audits, $8,985,000 
     for management and administration, and $2,015,000 for the 
     Office of the Inspector General. The conference agreement 
     does not include language proposed in the Senate bill to 
     designate $300,000 of funds provided under this account for 
     litigation associated with Aguilar v. United States. The 
     House bill did not address this matter.


          ADMINISTRATIVE PROVISION--LEGAL SERVICES CORPORATION

       The conference agreement contains language to continue the 
     terms and conditions included under this section in the 
     fiscal year 1998 Act, as proposed in the House bill. The 
     Senate bill contained similar language, but did not propose 
     to continue provisions regarding public disclosure of certain 
     information and treatment of assets and income for certain 
     clients.

                        Marine Mammal Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $1,240,000 for the 
     salaries and expenses of the Marine Mammal Commission as 
     proposed in both the House and Senate bills.

                       Commission on Ocean Policy


                         SALARIES AND EXPENSES

       The conference agreement appropriates $3,500,000 for the 
     Commission on Ocean Policy, as proposed in the Senate bill, 
     subject to the enactment of the necessary authorization 
     legislation to establish this Commission. The House bill did 
     not address this matter.

                   Securities and Exchange Commission


                         SALARIES AND EXPENSES

       The conference agreement includes $324,000,000 for the 
     Securities and Exchange Commission as proposed in the House 
     bill, instead of $341,098,000 as proposed in the Senate bill. 
     The conference agreement includes bill language appropriating 
     separately from offsetting fee collections in fiscal years 
     1998 and 1999, as proposed in the House bill. The conference 
     agreement includes $23,000,000 in new direct appropriations, 
     $87,000,000 in fees collected in fiscal year 1998, and 
     $214,000,000 in fees to be collected in fiscal year 1999. In 
     addition, out of any other resources available to the 
     Commission, the conference agreement approves the use of an 
     additional $6,000,000 from such funds to supplement the total 
     funding available for fiscal year 1999.
       The conference agreement does not include a provision in 
     the Senate bill that the total amount appropriated from the 
     General Fund for fiscal year 1999 shall be reduced as 
     offsetting fees are deposited to this appropriation.
       The conference agreement will provide for the Commission's 
     adjustments to base and the requested program increases for 
     additional staff and litigation support. The Commission is 
     expected to consult with the relevant Committees prior to 
     implementing any plan to expand the payment of retention 
     allowances in fiscal year 1999.
       No increased funding is provided for Year 2000 automation 
     improvements. It is expected that the SEC will be able to 
     meet its highest priority requirements through other 
     appropriations that may be available separately for Year 2000 
     compliance.
       It is intended that any offsetting fee collections in 
     fiscal year 1999 in excess of $214,000,000 will remain 
     available for the Securities and Exchange Commission in 
     future years through the regular appropriations process.
       The conference agreement includes the expectation that 
     additional program direction contained in the House and 
     Senate reports shall be followed.

                     Small Business Administration


                         SALARIES AND EXPENSES

       The conference agreement provides an appropriation of 
     $288,300,000 for the Small Business Administration (SBA) 
     Salaries and Expenses account, instead of $249,000,000 as 
     proposed in the House bill, and $265,000,000 as proposed in 
     the Senate bill.
       In addition to amounts made available under this heading, 
     the conference agreement includes $94,000,000 for 
     administrative expenses under the Business Loans Program 
     Account and $116,000,000 for direct disaster loan making and 
     servicing administrative expenses under the Disaster Loans 
     Program account. These amounts are transferred to and merged 
     with amounts available under Salaries and Expenses, resulting 
     in total funding of $496,300,000 for SBA operating programs, 
     noncredit and other initiatives.
       The conference agreement provides a total of $141,300,000 
     for SBA's regular operating expenses under this account. This 
     amount includes $2,000,000 for necessary expenses of the 
     HUBZone program, and $8,000,000 for initiatives to 
     continue the improvement of SBA's management and oversight 
     of its loan portfolio. The SBA shall submit a plan, prior 
     to the expenditure of resources for portfolio management, 
     in accordance with section 605 of this Act.
       In addition, the conference agreement includes language 
     under the Business Loans Program Account allowing the 
     transfer of up to $20,000,000 from funds previously made 
     available for Delta Loan programs to be transferred to and 
     merged with this account to supplement funding for operating 
     expenses.
       The conference agreement includes the following amounts for 
     noncredit programs:

Small Business Development Centers..........................$82,000,000
7(j) Technical Assistance.....................................2,600,000
Microloan Technical Assistance...............................16,300,000
SCORE.........................................................3,500,000
Business Information Centers....................................700,000
Women's Business Centers......................................8,000,000
Survey of Women-Owned Businesses................................750,000
National Women's Business Council...............................600,000
EZ/EC One Stop Capital Shops..................................3,100,000
US Export Assistance Centers..................................3,100,000
Advocacy Research...............................................800,000
Veterans Outreach...............................................750,000
ProNet..........................................................500,000
SBIR Technical Assistance.....................................1,000,000
Drug-free Workplace Grants....................................4,000,000
Regulatory Fairness Boards......................................500,000
                                                       ________________
                                                       
    Total...................................................128,200,000

       Small Business Development Centers (SBDC).--Of the amounts 
     provided for SBDCs, the conference agreement includes 
     $2,000,000 to continue the SBDC Defense transition program as 
     directed in the House report; $1,000,000 to continue the 
     Environmental Compliance Project as directed in the House 
     report; $1,000,000 for the further development of the 
     International Trade Data Network as described in the Senate 
     report; and $500,000 for the Manchester Manufacturing 
     Management Center to provide technical assistance to small 
     manufacturers and industrial firms.
       In addition, the conference agreement includes language, as 
     proposed in both the House and Senate bills, making funds for 
     the SBDC program available for two years.
       Women's Business Centers.--The conference agreement 
     includes funding for the Women's Business Centers program at 
     $8,000,000, instead of $6,000,000 as proposed in the House 
     bill and $9,000,000 as proposed in the Senate bill.
       Microloan Technical Assistance.--The conference agreement 
     provides a total availability of $19,400,000 for the 
     Microloan Technical Assistance program in fiscal year 1999. 
     Of this amount, $16,300,000 is provided in direct 
     appropriations and $3,100,000 is to be derived from carryover 
     balances from fiscal year 1998.
       Business Information Centers.--The conference agreement 
     provides $700,000 for Business Information Centers. This 
     amount is intended to support the opening of 6 to 8 new 
     centers, the maintenance and enhancement of 60 existing 
     centers, and the establishment of a new center in 
     southeastern Oklahoma.
       Small Business Innovation Research.--The conference 
     agreement includes $1,000,000 for technical assistance grants 
     to States receiving the fewest small business innovation 
     research awards, as described in the Senate report.
       Drug-free Workplace Demonstration Grant Program.--The 
     conference agreement includes $4,000,000 for a Drug-free 
     Workplace Demonstration Program, as described in H.R. 3853, 
     for the purpose of providing technical assistance to small 
     business concerns seeking to start a drug-free workplace 
     program.
       The conference agreement adopts language included in the 
     House report directing the SBA to continue activities 
     assisting small businesses to adapt to a paperless 
     procurement environment, as well as activities

[[Page H11333]]

     which assist small businesses in making the transition to 
     meet both military and ISO 9000 quality systems requirements.
       In addition, the conference agreement includes the 
     following small business initiatives: $3,500,000 for 
     continuation of an outreach program to assist small business 
     development; $4,000,000 to develop a facility to increase 
     small business opportunities and economic development; 
     $2,000,000 for infrastructure to develop a technology and 
     training center; $1,500,000 to develop a facility and operate 
     an institute for small business and workforce development; 
     $1,500,000 for infrastructure to develop a learning and 
     resource center; $1,000,000 for a project to develop coal 
     pulverization technologies; $1,000,000 for infrastructure for 
     a marine science education center; $850,000 for 
     infrastructure for a technology transfer center and small 
     business incubator facility; $1,000,000 for an institute on 
     applied software research; $500,000 for the development of an 
     Internet-based information technology curriculum; $200,000 
     for infrastructure for an arts and tourism development 
     facility; $300,000 for infrastructure improvements and 
     enrichment projects; $200,000 for a community development 
     foundation; $1,000,000 for the establishment of a training 
     and technology center and associated infrastructure 
     improvements; and $250,000 to establish a Year 2000 challenge 
     grant program for small businesses.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement provides $10,800,000 for the SBA 
     Office of Inspector General, instead of $11,300,000 as 
     proposed in the House bill and $10,500,000 recommended in the 
     Senate bill.
       Further, an additional $500,000 has been provided under the 
     administrative expenses of the Disaster Loans Program to be 
     made available to the Office of Inspector General for work 
     associated with oversight of the disaster loans program.


                     BUSINESS LOANS PROGRAM ACCOUNT

       The conference agreement includes $224,230,000 under the 
     SBA Business Loans Program Account, instead of $228,540,000 
     as proposed in the House bill, and $240,816,000 as proposed 
     in the Senate bill. Of these amounts, $45,000,000 is to 
     remain available for two years, as proposed in the House 
     bill.
       Of this amount, $2,200,000 is provided for the costs of 
     direct loans. This amount is provided for the Microloan 
     Direct Loan Program. When combined with $1,600,000 in 
     available carryover, this amount will provide for an 
     estimated 1999 program level of $39,800,000.
       The conference agreement includes $128,030,000 for the 
     costs of guaranteed loans, including the following programs:
       7(a) General Business Loans.--The conference agreement 
     provides $107,750,000 in subsidy appropriations for the 7(a) 
     general business guaranteed loan program, instead of 
     $119,400,000 as proposed in both the House and Senate bills. 
     When combined with $31,250,000 in available carryover 
     balances and recoveries, this amount will subsidize a 1999 
     program level of $10,000,000,000, assuming a subsidy rate of 
     1.39%. In addition, the conference agreement includes a 
     provision, as proposed in both the House and Senate bills, 
     requiring the SBA to notify the Committees on Appropriations 
     in accordance with section 605 of this Act prior to providing 
     a total program level greater than $10,000,000,000.
       Small Business Investment Companies (SBIC).--The conference 
     agreement provides $20,280,000 for the SBIC participating 
     securities and debenture programs, instead of $20,230,000 as 
     proposed in the House bill, and $23,600,000 as proposed in 
     the Senate bill. Of these amounts, for the participating 
     securities program, $16,620,000 is provided in subsidy 
     appropriations which, when combined with $2,000,000 in prior 
     year carryover, will result in a total program level of 
     $850,228,000 in fiscal year 1999. In addition, for the 
     debentures program, $3,660,000 is provided which, when 
     combined with $3,900,000 in prior year carryover and 
     $1,000,000 in available proceeds from stock buybacks will 
     result in a total program level of $620,290,000 in fiscal 
     year 1999.
       Microloan Guaranty Programs.--The conference agreement does 
     not include new appropriations for the Microloan Guaranty 
     Program, as none was requested. Available carryover will 
     provide for the subsidy costs of, at least, the requested 
     1999 program level of $11,995,000.
       In addition, the conference agreement includes $94,000,000 
     for administrative expenses to carry out the direct and 
     guaranteed loan programs, as proposed in the Senate bill, 
     instead of $86,910,000 as proposed in the House bill, and 
     makes such funds available to be transferred to and merged 
     with the appropriations for Salaries and Expenses.


                     DISASTER LOANS PROGRAM ACCOUNT

       The conference agreement includes a total of $192,329,000 
     for this account, of which $76,329,000 is for the subsidy 
     costs for disaster loans, and $116,000,000 is for the direct 
     administrative expenses associated with disaster loan making 
     and servicing. The Senate bill provided $94,000,000 only for 
     administrative expenses, while the House bill provided a 
     total of $216,000,000 for both loan subsidy costs and 
     associated administrative expenses.
       For disaster loans, the conference agreement assumes that 
     the $76,329,000 subsidy appropriation, when combined with 
     $79,475,000 in carryover balances and $20,000,000 in 
     recoveries, will provide a total disaster loan program level 
     of $786,243,000. The conference agreement takes into account 
     that the budget requested no funds for the disaster loan 
     program, and included a proposal to increase the interest 
     rate charged to disaster victims, a proposal which has been 
     rejected previously by the Congress. The Administration is 
     strongly urged to realistically assess the level of need for 
     the disaster loans program and budget accordingly.
       SBA is reminded that recoveries from loan programs, 
     including the Disaster Loan program, are subject to the 
     reprogramming procedures set forth in section 605 of this 
     Act.
       Of the amounts provided for administrative expenses, 
     $500,000 is to be transferred to and merged with the Office 
     of Inspector General account for oversight and audit 
     activities related to the Disaster Loans program.


                 SURETY BOND GUARANTEES REVOLVING FUND

       The conference agreement provides $3,300,000 for additional 
     capital for the SBA Surety Bond Guarantees Revolving Fund as 
     proposed in both the House and Senate bills.


        ADMINISTRATIVE PROVISION--SMALL BUSINESS ADMINISTRATION

       The conference agreement includes a provision providing SBA 
     with the authority to transfer funds between appropriations 
     accounts, as provided in both the House and Senate bills.

                        State Justice Institute


                         salaries and expenses

       The conference agreement provides $6,850,000 for the 
     salaries and expenses of the State Justice Institute (SJI) as 
     proposed in both the House and Senate bills. The conference 
     agreement does not include the transfer of an additional 
     $7,150,000 to this account from the Courts of Appeals, 
     District Courts and Other Judicial Services account in Title 
     III as proposed in the Senate bill.

                      TITLE VI--GENERAL PROVISIONS

       The conference agreement includes the following general 
     provisions:
       Sec. 601.--The conference agreement includes section 601, 
     identical in both the House and Senate versions of the bill, 
     regarding the use of appropriations for publicity or 
     propaganda purposes.
       Sec. 602.--The conference agreement includes section 602, 
     identical in both the House and Senate versions of the bill, 
     regarding the availability of appropriations for obligation 
     beyond the current fiscal year.
       Sec. 603.--The conference agreement includes section 603, 
     identical in both the House and Senate versions of the bill, 
     regarding the use of funds for consulting services.
       Sec. 604.--The conference agreement includes section 604, 
     identical in both the House and Senate versions of the bill, 
     providing that should any provision of the Act be held to be 
     invalid, the remainder of the Act would not be affected.
       Sec. 605.--The conference agreement includes section 605, 
     as included in the House version of the bill, establishing 
     the policy by which funding available to the agencies funded 
     under this Act may be reprogrammed for other purposes.
       Sec. 606.--The conference agreement includes section 606, 
     identical in both the House and Senate versions of the bill, 
     regarding the construction, repair or modification of 
     National Oceanic and Atmospheric Administration vessels in 
     overseas shipyards.
       Sec. 607.--The conference agreement includes section 607, 
     identical in both the House and Senate versions of the bill, 
     regarding the purchase of American-made products.
       Sec. 608.--The conference agreement includes section 608, 
     identical in both the House and Senate bills, which prohibits 
     funds in the bill from being used to implement, administer, 
     or enforce any guidelines of the Equal Employment Opportunity 
     Commission covering harassment based on religion similar to 
     proposed guidelines published by the EEOC in October, 1993.
       Sec. 609.--The conference agreement includes section 609, 
     as proposed in the House bill, that prohibits use of funds to 
     expand U.S. diplomatic presence in Vietnam beyond the level 
     in effect on July 11, 1995, unless the President makes a 
     certification that several conditions have been met regarding 
     Vietnam's cooperation with the United States on POW/MIA 
     issues. The Senate bill included a similar provision as 
     section 404, with minor technical differences.
       Sec. 610.--The conference agreement includes section 610, 
     as proposed in the House bill, prohibiting the use of funds 
     for any United Nations peacekeeping mission that involves 
     U.S. Armed Forces under the command or operational control of 
     a foreign national, unless the President certifies that the 
     involvement is in the national security interest, as proposed 
     in the House bill. The Senate bill did not contain a 
     provision on this matter.
       Sec. 611.--The conference agreement includes section 611 
     which prohibits the use of funds to provide certain amenities 
     for Federal prisoners, as provided for in both the House and 
     Senate bills.
       Sec. 612.--The conference agreement includes a modified 
     version of section 612, as proposed in the House bill, 
     restricting the use of funds provided under the 
     National Oceanic and Atmospheric Administration for fleet 
     modernization activities. The Senate bill did not include 
     a provision on this matter.
       Sec. 613.--The conference agreement includes section 613, 
     as proposed in the House bill, which requires agencies and 
     Departments funded in this Act to absorb any necessary costs 
     related to downsizing or consolidations within the amounts 
     provided to the

[[Page H11334]]

     agency or Department. The Senate bill included this same 
     provision as section 610, with minor technical differences.
       Sec. 614.--The conference agreement includes section 614, 
     which prohibits funds made available to the Federal Bureau of 
     Prisons from being used to make available any commercially 
     published information or material to a prisoner when it is 
     made known that such information or material is sexually 
     explicit or features nudity. Both the House and the Senate 
     bills included this section, but the Senate bill included 
     this as section 611.
       Sec. 615.--The conference agreement includes section 615, 
     as proposed in the House bill, which limits funding under the 
     Local Law Enforcement Block Grant to 90 percent, to an entity 
     that does not provide public safety officers injured in the 
     line of duty and as a result separated or retired from their 
     jobs, with health insurance benefits equal to the insurance 
     they received while on duty. The Senate bill included a 
     similar section 612 with a minor technical difference.
       Sec. 616.--The conference agreement includes section 616, 
     proposed as section 613 in the Senate bill, which prohibits 
     funds from being used to issue a visa to any alien involved 
     in extrajudicial and political killings in Haiti. 
     Specifically, the provision prohibits issuance of a visa to 
     any person who (1) has been credibly alleged to have ordered, 
     carried out, or assisted in extrajudicial and political 
     killings of 16 named individuals; (2) was included in the 
     list presented to former President Aristide by former 
     National Security Advisor Anthony Lake; (3) was sought by the 
     FBI in relation to political or extrajudicial killings; (4) 
     was involved in the September 1991 coup or murders occurring 
     between 1991 and 1994; or (5) has been credibly alleged to 
     have been a member of the paramilitary organization known as 
     FRAPH. The provision gives the Secretary of State authority 
     to make exceptions on a case-by-case basis. The provision 
     also includes several reporting requirements by the Secretary 
     of State to the House International Relations and 
     Appropriations Committees and the Senate Foreign Relations 
     and Appropriations Committees. The House bill contained no 
     similar provision.
       Sec. 617.--The conference agreement includes section 617, 
     proposed as section 616 in the House bill, which prohibits 
     funds available in this Act from being used to issue or renew 
     a fishing permit or authorization for any vessel more than 
     165 feet long or greater than 750 gross tons, and with more 
     than 3,000 shaft horsepower to engage in fishing for Atlantic 
     mackerel or herring. In addition, vessels above these 
     thresholds are prohibited from engaging in the catching, 
     taking, or harvesting of fish in any other fishery within the 
     United States exclusive economic zone (EEZ) (except 
     territories) unless a certificate of documentation had been 
     issued for the vessel and endorsed with a fishery endorsement 
     that was effective on September 25, 1997 and such endorsement 
     is still valid. In addition, language is included to nullify 
     any fishing permit or authorization issued prior to enactment 
     of this Act for vessels prohibited under this section from 
     engaging in the fishing of Atlantic mackerel or herring, and 
     prohibiting funds from being expended to issue a new permit 
     or authorization to allow such a vessel whose Atlantic 
     mackerel or herring permit has been nullified under this 
     section from engaging in the catching, taking, or harvesting 
     of fish in any other fishery within the U.S. EEZ. The Senate 
     bill contained a similar provision as section 614.
       Sec. 618.--The conference agreement includes a provision, 
     Section 618, as proposed in the House bill, prohibiting funds 
     provided in this Act from being used to promote the sale or 
     export of tobacco or tobacco products, or to seek the 
     reduction or removal of foreign restrictions on the marketing 
     of tobacco products, provided such restrictions are applied 
     equally to all tobacco or tobacco products of the same type. 
     This provision is not intended to impact routine 
     international trade services provided to all U.S. citizens, 
     including the processing of applications to establish foreign 
     trade zones. The Senate bill did not contain a provision on 
     this matter.
       Sec. 619.--The conference agreement includes section 619, 
     as proposed in both the House and Senate bills, prohibiting 
     the use of funds to pay for the expenses of an election 
     officer appointed by the court to oversee the election of any 
     officer or trustee of the International Brotherhood of 
     Teamsters.
       Sec. 620.--The conference agreement includes section 620, a 
     modified version of a provision numbered as section 616 in 
     the Senate bill, which reduces the frequency of meetings of 
     the Commission for the Preservation of America's Heritage 
     Abroad to once every six months instead of once every three 
     months. The conference agreement does not include language in 
     the Senate provision reducing the number of commissioners. 
     The House bill did not contain a provision on this matter.
       Sec. 621.--The conference agreement includes section 621, a 
     modified version of a provision numbered as section 620 in 
     the Senate bill, to prohibit a user fee from being charged 
     for background checks conducted pursuant to the Brady Handgun 
     Control Act of 1993, and to prohibit implementation of a 
     background check system that does not require and result in 
     destruction of certain information. The House bill did not 
     include a provision on this matter.
       Sec. 622.--The conference agreement includes section 622, 
     proposed as section 628 in the Senate bill, which requires 
     the United States Trade Representative (USTR) to make certain 
     reporting requirements to the Congress regarding Korean steel 
     subsidies. The House bill did not include a provision on this 
     matter.
       Sec. 623.--The conference agreement includes section 623, 
     proposed as section 901 in the House bill, prohibiting the 
     use of funds in this or any other Act to implement, 
     administer, or enforce Executive Order No. 13083 on 
     Federalism. The Senate bill included a provision numbered 623 
     on this matter expressing the Sense of the Senate that the 
     President should repeal Executive Order No. 13083 and reissue 
     two earlier Executive Orders on Federalism.
       Sec. 624.--The conference agreement includes section 624, 
     proposed as section 903 in the House bill, transferring 
     Schuylkill, Pennsylvania from the Eastern Judicial District 
     to the Middle Judicial District of Pennsylvania. The Senate 
     bill had a similar provision.
       Sec. 625. The conference agreement includes section 625, 
     which modifies section 904 in the House bill, prohibiting 
     funds from being used for the participation of United States 
     delegates to the Standing Consultative Commission to 
     implement a 1997 memorandum of understanding regarding the 
     1972 Anti-Ballistic Missile Treaty between the U.S. and the 
     U.S.S.R. Starting 60 days after enactment of this Act, unless 
     the President submits a certification or the Senate ratifies 
     the memorandum of understanding. The Senate bill did not 
     include a provision on this matter.
       Sec. 626. The conference agreement includes a provision 
     making appropriations and funds made available and authority 
     granted under the Departments of Commerce, Justice, and 
     State, the Judiciary, and Related Agencies Appropriations 
     Act, 1999 available through June 15 1999. The appropriations 
     and funds made available and the authority granted are to be 
     apportioned in the manner established for funds provided by a 
     continuing resolution.
       The departments and agencies under the jurisdiction of this 
     Act are directed to provide financial plans, including 
     funding requirements by month, to the Committees on 
     Appropriations as soon as available, but no later than 30 
     days after enactment of this Act. In addition, the Office of 
     Management and Budget is expected to provide copies of all 
     apportionments to the Committees. These requirements are in 
     addition to all other requirements included in the conference 
     agreement and statement of managers with respect to 
     individual departments and agencies.

                         TITLE VII--RESCISSIONS

                         DEPARTMENT OF JUSTICE

                         General Administration

                          working capital fund


                              (rescission)

       The conference agreement includes a rescission of 
     $99,000,000 from unobligated balances under this heading, 
     instead of $45,326,000 as proposed in both the House and 
     Senate bills.

                            Legal Activities


                         asset forfeiture fund

                              (rescission)

  The conference agreement includes a rescission of $2,000,000 from 
unobligated balances under this heading. The House and Senate bills did 
not include a rescission under this heading.

                    Federal Bureau of Investigation


                             (rescissions)

  The conference agreement includes a rescission of $12,700,000 from 
various accounts under this heading, a modified version of a rescission 
proposed in the Senate bill. The Senate bill recommended rescissions 
totaling $22,878,000. The conference agreement does not include the 
additional $10,178,000 in rescissions as such funds have already been 
obligated or have expired. The House bill did not include a rescission 
under this heading.

                 Immigration and Naturalization Service

                       immigration emergency fund


                              (rescission)

       The conference agreement includes a rescission of 
     $5,000,000 from unobligated balances under this heading. The 
     House and Senate bills did not include a rescission under 
     this heading.

                         DEPARTMENT OF COMMERCE


                             (rescissions)

       The conference agreement includes a rescission of $915,000 
     from the United States Travel and Tourism Administration, and 
     $1,175,000 from the Endowment for Children's Educational TV, 
     as proposed in the Senate bill. The House bill did not 
     include rescissions under this heading.

             National Institute of Standards and Technology


                     industrial technology services

                              (rescission)

       The conference agreement includes a rescission of 
     $6,000,000 from excess unobligated balances under this 
     heading. The House and Senate bills did not include a 
     rescission under this heading.

                      DEPARTMENT OF TRANSPORTATION

                        Maritime Administration


                           ship construction

                              (rescission)

       The conference agreement includes a rescission of 
     $17,000,000 from unobligated balances under this heading. The 
     House and

[[Page H11335]]

     Senate bills did not include a rescission under this heading.

                               TITLE VIII

       Sec. 801. The conference agreement includes a provision 
     that modifies Title VIII, Citizens Protection, as included in 
     the House bill. That provision sets forth ethical standards 
     for attorneys for the Government and requires an attorney for 
     the Government to be subject to State laws and rules, and 
     local Federal court rules, governing attorneys in each State 
     where such attorney engages in that attorney's duties, to the 
     same extent and in the same manner as other attorneys in that 
     State. The Attorney General is to make and amend rules of the 
     Department of Justice to assure compliance with that 
     requirement. This section takes effect 180 days after the 
     date of enactment of this Act.

              TITLE--NATIONAL WHALE CONSERVATION FUND ACT

       The conference agreement includes Title--The National Whale 
     Conservation Fund Act of 1998 as proposed in the Senate bill. 
     This Act 1) includes findings that funding available for 
     whale conservation is insufficient and that there is a need 
     to facilitate the use of non-Federal funds for this purpose; 
     2) amends the National Fish and Wildlife Establishment Act to 
     provide authority to the National Fish and Wildlife 
     Foundation to establish a ``national whale conservation 
     fund'' and receive funds for deposit; 3) establishes 
     priorities for the use of the fund; and 4) requires the 
     National Fish and Wildlife Foundation to consult with NOAA 
     and the Marine Mammal Commission. The House bill did not 
     contain any provisions on these matters. .

                   CONFERENCE TOTAL--WITH COMPARISONS

       The total new budget (obligational) authority for the 
     fiscal year 1999 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1998 amount, the 1999 
     budget estimates, and the House and Senate bills for 1999 
     follow:

New budget (obligational) authority, fiscal year 1998...$32,123,907,000
Budget estimates of new (obligational) authority, fiscal 38,071,468,000
House bill, fiscal year 1999.............................33,977,221,000
Senate bill, fiscal year 1999............................33,238,790,000
Conference agrement, fiscal year 1999....................34,199,704,000
Conference agrement compared with:
  New budget (obligational) authority, fiscal year 1998..+2,075,797,000
  Budget estimates of new (oligational authority, fiscal -3,871,764,000
  House bill, fiscal year 1999............................ +222,483,000
  Senate bill, fiscal year 1999............................+960,914,000

     SECTION 101(c): DISTRICT OF COLUMBIA APPROPRIATIONS ACT, 1999

       The conferees H.R. 4328 agree with the matter inserted in 
     this subsection of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in the 
     House and Senate versions (H.R. 4380 and S. 2333 of the 
     District of Columbia Appropriations Act, 1999, by members of 
     the appropriations subcommittees of both the House and Senate 
     with jurisdiction over H.R. 4380 S. 2333.
       H.R. 4380 was passed by the House on August 6, 1998, and 
     S.2333 was reported by the Senate Committee on Appropriations 
     on July 21, 1998. The conference agreement with respect to 
     fiscal year 1999 appropriations for the District of Columbia 
     government incorporates some of the provisions of both the 
     House and the Senate reports accompanying the respective 
     bills. Report language and allocations set forth in either 
     House Report 105-670 or Senate Report 105-254 which are not 
     changed by the conference agreement are approved. The 
     agreement described herein, while repeating some report 
     language for emphasis, does not negate the language 
     referenced above unless expressly provided. General 
     provisions which are identical in the House passed version of 
     H.R. 4380 and the Senate Appropriations Committee reported 
     version of S.2333 are unchanged by the conference agreement 
     and are approved unless provided to the contrary herein.

                             Federal Funds


                  Metrorail Improvements and Expansion

       The conference agreement appropriates $25,000,000 as 
     proposed by the House for metrorail improvements and 
     expansion at the Mount Vernon Square Metrorail station 
     located at the site of the proposed Washington Convention 
     Center project. The Senate proposal would have given the D.C. 
     Financial Responsibility and Management Assistance Authority 
     (hereafter referred to as ``Authority'') the discretion to 
     make not more than $25,000,000 of the $75,000,000 
     appropriated for the infrastructure fund available for this 
     purpose.


                 Federal Payment for Management Reform

       The conference agreement appropriates $25,000,000 as 
     proposed by the Senate for continued management reform in the 
     District and directs that these funds be used for projects 
     that will enhance government efficiency and service delivery 
     to District residents. The House passed bill had no 
     appropriation for this program. A brief description of three 
     projects to be funded in fiscal year 1999 follows:
       Fire and Emergency Medical Services.--funding for 55 full-
     time equivalent positions necessary to place 5 additional EMS 
     units in operation in fiscal year 1999.
       Department of Health Toxicology Lab.--funding to re-open 
     the Chief Medical Examiner's laboratory and obtain the 
     necessary equipment.
       Technology: District-wide Voice/Data Network.--funding to 
     implement a high-speed, city-owned fiber network for 
     providing voice and data services.
       The conferees direct that none of the funds appropriated 
     for management reform be expended on modification of the 
     Department of Corrections pay plan.
       The conferees direct that quarterly status reports on these 
     and all management reform initiatives and projects underway 
     in the District be submitted by the Authority and the Chief 
     Management Officer within 15 days after the end of each 
     quarter until all funds are disbursed. These management 
     reform status reports may be incorporated in any performance 
     accountability reports already required by law or otherwise 
     submitted to Congress by the Authority.


  Federal Payment for Boys Town, U.S.A. Operations in the District of 
                                Columbia

       The conference agreement appropriates $7,100,000 and 
     requires quarterly financial reports as proposed by the 
     Senate instead of $4,000,000, which would be made available 
     after being matched by private contributions of $3,100,000, 
     as proposed by the House.


                  Nation's Capital Infrastructure Fund

       The conference agreement appropriates $18,778,000 instead 
     of $21,000,000 as proposed by the House and $75,000,000, of 
     which $25,000,000 could be used for metrorail improvements as 
     proposed by the Senate. These funds are not to be used for 
     studies or projects that restructure, realign, or reengineer 
     various departments or functions or to place more employees 
     on the District's payroll. Instead, the sole purpose of these 
     funds is for infrastructure projects of a substantive nature 
     that directly improve the physical condition of the District 
     of Columbia. The conference agreement requires that the funds 
     be disbursed by the Authority for the repair and maintenance 
     of public safety facilities in the District. The conferees 
     direct that the Authority and the Chief Management Officer 
     submit quarterly status reports on each project within 15 
     days after the end of each quarter until all funds are 
     disbursed. These status reports may be incorporated in any 
     performance accountability reports already required by law 
     or otherwise submitted to Congress by the Authority.
       Subsequent to the passage of H.R. 4380 by the House of 
     Representatives and S.2333 by the Senate Appropriations 
     Committee, the District government was notified by the 
     Federal Highway Administration (FHA) that $173,000,000 
     previously earmarked for the District's Barney Circle project 
     is now available to the District's Department of Public 
     Works. Of this sum, $98,000,000 may be used by the District 
     on local streets. Both the House and Senate appropriations 
     bills contain an appropriation for the repair and maintenance 
     of roads, highways, bridges and transit in the District of 
     Columbia. Based on the unanticipated availability of the 
     transportation funds and the questionable ability of the 
     District to spend additional funds during fiscal year 1999 on 
     transit projects, the conferees direct the infrastructure 
     funds appropriated in this conference agreement be used for 
     the repair and maintenance of the District's public safety 
     facilities. The District's new Chief of Police is undertaking 
     a complete assessment of all Metropolitan Police Department 
     (MPD) facilities. Preliminary estimates indicate that over 
     $23,000,000 is needed for mechanical, electrical, plumbing, 
     and fire/life safety systems in 70 percent of MPD facilities. 
     In an effort to accelerate these massive infrastructure 
     needs, the conference agreement directs that the total 
     infrastructure appropriation be used for necessary capital 
     improvements to MPD facilities.


   Environmental Study and Related Activities at Lorton Correctional 
                                Complex

       The conference agreement appropriates $7,000,000 as 
     proposed by the House for an environmental study at the 
     property on which the Lorton Correctional Complex is located. 
     The Senate reported bill had no appropriation for this 
     program.


    Federal Payment to the District of Columbia Corrections Trustee 
                               Operations

       The conference agreement appropriates $184,800,000 as 
     proposed by the House and the Senate and allocates 
     $177,385,000 for inmate housing instead of $178,300,000 as 
     proposed by the Senate, and $2,440,000 for administrative 
     expenses instead of $1,525,000 as proposed by the Senate. 
     These allocation changes were made at the request of the 
     Corrections Trustee based on revised budget estimates. The 
     House bill did not allocate the funds. The conference 
     agreement also includes language that requires the 
     appropriation to remain in the U.S. Treasury until needed by 
     the Trustee to pay properly incurred obligations.


           Federal Payment to the District of Columbia Courts

       The conference action appropriates $128,000,000 as proposed 
     by the Senate instead of $142,000,000 as proposed by the 
     House. The reduction of $14,000,000 below the House allowance 
     is from the capital outlay program.

[[Page H11336]]

     The conference action includes language that allocates the 
     funds by programs as proposed by the Senate. In addition, the 
     conference agreement requires that payroll and financial 
     services be provided on a contractual basis with the General 
     Services Administration as proposed by the House instead of 
     by the Department of Agriculture's National Finance Center as 
     proposed by the Senate. The format of the monthly reports is 
     discussed later in this statement.
       Budget for court operations.--The operating budget for the 
     courts for fiscal year 1999 totals $121,000,000 and reflects 
     an increase of $18,000,000 or 14.9 percent above the 
     $103,000,000 appropriated in fiscal year 1998. The increase 
     of $18,000,000 or 14.9 percent for fiscal year 1999 should 
     provide the courts with ample resources to properly manage 
     their operations and pay all bills, including attorneys for 
     indigents, on a current basis.
       Attorneys for indigents.--The courts' failure to pay 
     attorneys for indigents during fiscal year 1998 has caused 
     considerable concern and raised questions about management at 
     the courts. Information submitted by the courts showed that, 
     of the $25,036,000 budgeted for the Criminal Justice Act 
     program, $21,083,000 had been disbursed as of August 31, 
     1998, or roughly $2,000,000 for each of the eleven months. By 
     that calculation, it appeared that the courts had a balance 
     of $4,000,000, or twice as much as was needed, for the 
     remaining month of September 1998. However, additional 
     information supplied at the request of certain subcommittee 
     members showed that the courts had reduced payments in July 
     1998 by two-thirds and had made no payments in August 1998. 
     As a result, the courts owe more than $5,700,000 to attorneys 
     for indigents as of September 30, 1998. Accordingly, to avoid 
     a similar situation this year, the courts are directed to use 
     the FY 1999 allocation of $31,936,000 for court appointed 
     attorneys for that purpose and for that purpose only. The 
     courts are further directed to pay immediately all 
     obligations carried over from FY 1998 and prior years using 
     other funds from their FY 1999 appropriation.
       Reporting requirements.--The courts are directed to submit 
     monthly reports, through the General Services Administration, 
     to the House and Senate Committees on Appropriations, within 
     15 calendar days after the end of each month, on the status 
     of obligations by object class and a monthly personnel 
     summary by position, full-time equivalent positions (FTE's), 
     and program/function. The obligation report should show, at a 
     minimum, the original operating plan, current operating plan, 
     obligations year to date, percent obligated, planned 
     obligations year to date, percentage deviation from plan year 
     to date, projected total obligations end of year, and 
     projected surplus/deficit.


District of Columbia Offender Supervision, Defender, and Court Services 
                                 Agency

       The conference action appropriates $59,400,000 as proposed 
     by the House and the Senate and includes language proposed by 
     the Senate to clarify that the allocation for Parole 
     Revocation, Adult Probation and Offender Supervision includes 
     funds to cover expenses relating to supervision of adults 
     subject to protection orders or provision of services for or 
     related to such programs. In addition, the conference 
     agreement includes language that requires the appropriation 
     to remain in the U.S. Treasury until needed by the Trustee to 
     pay properly incurred obligations.


       Offender Supervision, Defender, and Court Services Agency

       The conference action deletes the appropriation of 
     $4,000,000 proposed by the House for establishment of a 
     residential sanctions center for drug testing, intervention, 
     and treatment, and to implement recommendations of the D.C. 
     Truth in Sentencing Commission.


           Federal Payment for Metropolitan Police Department

       The conference action appropriates $1,200,000 as proposed 
     by the House for the administration and operating costs of 
     the Citizen Complaint Review Office.


                  Federal Payment for Fire Department

       The conference agreement appropriates $3,240,000 as 
     proposed by the House for a 5.5 percent parity pay increase 
     to be effective and paid to fire fighters beginning October 
     1, 1998.


         Federal Payment to the Georgetown Waterfront Park Fund

       The conference agreement appropriates $1,000,000 as 
     proposed by the Senate for payment to the Georgetown 
     Waterfront Park Fund on a dollar-for-dollar matching basis, 
     in cash or in kind, for the construction and landscaping of 
     property described on the D.C. Surveyor's Plat Number S.O. 
     84-230.


  Federal Support for Economic Development in the District of Columbia

       The conference agreement deletes the appropriation of 
     $500,000 proposed by the Senate to the D.C. Financial 
     Responsibility and Management Assistance Authority to conduct 
     a study and prepare a report on the feasibility of an 
     economic development corporation for the District and the 
     proviso that none of the funds in this or any other Act shall 
     be used to capitalize the National Capital Revitalization Act 
     of 1998 (D.C. Act 12-355).


         Federal Payment to Historical Society for City Museum

       The conference agreement appropriates $2,000,000 as 
     proposed by the House for the establishment and operation of 
     a Museum of the City of Washington, D.C. at the Carnegie 
     Library at Mount Vernon Square instead of $500,000 as 
     proposed by the Senate.


    Federal Payment for a National Museum of American Music and for 
                        Downtown Revitalization

       The conference agreement changes the heading and 
     appropriates $700,000 instead of $1,000,000 as proposed by 
     the Senate and earmarks $300,000 for the Federal City Council 
     to conduct a needs and design study for a National Museum of 
     American Music as proposed by the Senate, $300,000 for the 
     Washington Center Alliance to further and promote the 
     objectives of the Interactive Downtown Task Force, and 
     $100,000 for the New York Avenue Development Task Force 
     instead of $1,000,000 as proposed by the Senate, of which 
     $500,000 was for the Historical Society of Washington, D.C. 
     for a needs and design study for a City Museum and Visitors 
     Center and $500,000 was for the Federal City Council to 
     conduct a needs and design study for a National Museum of 
     American Music.


                       United States Park Police

       The conference agreement appropriates $8,500,000 as 
     proposed by the House to acquire, modify and operate a 
     helicopter and to make necessary capital expenditures to the 
     Park Police aviation unit base. The conference agreement 
     requires the Chief of the Park Police to provide quarterly 
     financial reports to Congress on the use of these funds.


              Federal Payment for Waterfront Improvements

       The conference agreement appropriates $3,000,000 as 
     proposed by the House to the D.C. Department of Housing and 
     Community Development for a study and improvement in 
     consultation with the U.S. Army Corps of Engineers for 
     necessary improvements to the Southwest Waterfront in the 
     District. The conference agreement amends the language 
     proposed by the House to clarify the consultative role of the 
     U.S. Army Corps of Engineers and the responsibility of the 
     lessees at the Fish Wharf and Marina to secure private 
     financing for improvements.


                 Federal Payment for Mentoring Services

       The conference agreement appropriates $200,000 as proposed 
     by the House for the International Youth Service and 
     Development Corps, Inc., for a mentoring program for at-risk 
     children in the District.


                  Federal Payment for Hotline Services

       The conference agreement appropriates $50,000 as proposed 
     by the House for the International Youth Service and 
     Development Corps, Inc., for the operation of a resource 
     hotline for low-income individuals in the District.


                  Federal Payment for Public Education

       The conference agreement appropriates $15,622,000 as a 
     Federal contribution to public charter schools in the 
     District of Columbia instead of $20,391,000 as proposed by 
     the House. The reduction of $4,769,000 reflects the actual 
     enrollment count of 3,653 public charter school students in 
     the District rather than the projected enrollment of 4,400 
     which was the basis for the House amount.


Federal Payment for Medicare Coordinated Care Demonstration Project in 
                                  D.C.

       The conference agreement appropriates $3,000,000 to 
     continue a pilot Medicare program in the District as 
     authorized under section 4016(e)(1)(A)(ii) of the Balanced 
     Budget Act of 1997 (Public Law 105-33) to improve the medical 
     treatment received by medically underserved Medicare patients 
     living in the District.


         Federal Payment for Children's National Medical Center

       The conference agreement appropriates $1,000,000 in Federal 
     funds to the Children's National Medical Center for the 
     Community Pediatric Health Initiative. Since 1967, the 
     community health clinics of Children's Hospital have provided 
     pediatric services to high risk children in medically 
     underserved areas. Federal funding for this initiative ended 
     in March 1995. This appropriation reestablishes this 
     important public-private partnership for fiscal year 1999.

                       District of Columbia Funds


                   Governmental Direction and Support

       The conference agreement appropriates $164,144,000, 
     including $136,485,000 from local funds as proposed by the 
     House instead of $164,717,000, including $137,058,000 from 
     local funds as proposed by the Senate. The conference action 
     also restores a proviso proposed by the House that requires 
     all employees permanently assigned to work in the Office of 
     the Mayor to be paid from funds allocated to the Office of 
     the Mayor.
       Advisory Neighborhood Commissions.--The conference 
     agreement deletes funding of $573,000 as proposed by the 
     House. The action to eliminate funding comes after several 
     reports by the D.C. Auditor, including one dated as recently 
     as September 28, 1998, that documents the fact that taxpayer 
     funds are not being spent properly. The action of the 
     conferees does not preclude the District from reprogramming 
     funds for fiscal year 1999 or requesting funds for fiscal 
     year 2000 for ANCs, so long as necessary management controls 
     are enacted by the Council of the District of Columbia to 
     assure that the funds are disbursed for previously reviewed 
     and agreed upon purposes, consistent with the laws, rules and 
     regulations of the District of Columbia.
       Mayoral transition.--The conferees support a smooth 
     transition of governmental powers

[[Page H11337]]

     from the incumbent Mayor to the incoming Mayor. This is 
     paramount to the financial recovery of the District of 
     Columbia and the return of home rule. Cooperation between the 
     incoming Mayor, the Council of the District of Columbia, 
     other elected officials and the D.C. Authority is essential 
     for the well being of the District of Columbia and all those 
     who live, work and visit in the Nation's Capital. It is 
     extremely important that the Mayor-elect be provided with the 
     necessary resources as soon as possible after the general 
     election so that he or she will be able to carry out the 
     duties and responsibilities of the office efficiently and 
     effectively after being sworn in. Following the 1990 
     election, the Council of the District of Columbia approved 
     emergency 90-day legislation (D.C. Act 8-290) ``To promote 
     the orderly transfer of executive duties and responsibilities 
     upon expiration of the term of office of a Mayor and the 
     assumption of duties and responsibilities of a new Mayor 
     ...'' which provided financial assistance to the new Mayor-
     elect. The conferees urge local officials to take whatever 
     steps are necessary in a timely manner to ensure a smooth 
     transition of governmental powers from the incumbent Mayor to 
     the Mayor-elect.


                  Economic development and regulation

       The conference agreement appropriates $159,039,000 as 
     proposed by the House instead of $156,039,000 as proposed by 
     the Senate. The increase of $3,000,000 above the Senate 
     allowance reflects the Federal contribution of $3,000,000 
     discussed earlier for improvements to the Southwest 
     Waterfront in the District. The conference agreement also 
     restores language proposed by the House concerning Business 
     Improvement Districts with an amendment deleting the word 
     ``Federal'' in identifying the U.S. General Services 
     Administration.


                       Public Safety and Justice

       The conference agreement appropriates $755,786,000, 
     including $531,660,000 from local funds, $30,327,000 from 
     Federal funds and $193,799,000 from other funds as proposed 
     by the House instead of $751,346,000, including $513,160,000 
     from local funds, $25,887,000 from Federal funds, and 
     $212,299,000 from other funds as proposed by the Senate. The 
     increase of $4,430,000 above the Senate reflects additional 
     Federal funds of $1,200,000 for the administration and 
     operating costs of the Citizen Complaint Review Office in the 
     Metropolitan Police Department and $3,240,000 for a 5.5 
     percent parity pay increase for the District's fire fighters. 
     The conference action also restores the requirement for 
     quarterly reports on the status of crime reduction in each of 
     the 83 police service areas in the District as proposed by 
     the House instead of semi-annual reports as proposed by the 
     Senate.
       Department of Corrections.--The conferees expect the 
     Department of Corrections (DOC) annual budget to reflect 
     planning for proposed downsizing, actual downsizing and 
     continuing reform to assure the orderly transfer of sentenced 
     felons to the Federal government by December 31, 2001, and to 
     assure that all the necessary steps are taken each year to 
     accomplish this transfer. The conferees request that within 
     120 days of the enactment of this Act, the District of 
     Columbia Corrections Trustee (``Trustee''), in partnership 
     with the DOC, submit a transition plan detailing what must be 
     accomplished annually to complete transfer by December 31, 
     2001. Each annual budget submission shall contain a report, 
     prepared by the Trustee and the DOC and based on fully shared 
     information, that details actual progress made by the DOC in 
     meeting the goals of the transition plan. To make full use of 
     the Trustee's background and experience and to assure 
     successful transfer of the District's sentenced felons, the 
     Trustee should be operationally involved in all matters 
     affecting the DOC and a full partner in decision-making 
     regarding the DOC's budget, operations and functions now 
     funded by the Federal government and transition planning. The 
     conferees expect that the DOC should save significant funds 
     in outside consulting fees and otherwise as a result of 
     involving the Trustee in the operations and functions to be 
     transferred and those that remain with the District.


                        Public Education System

       The conference agreement appropriates $788,956,000, 
     including $125,869,000 from Federal funds, instead of 
     $793,725,000, including $130,638,000 from Federal funds, as 
     proposed by the House and $773,334,000, including 
     $110,247,000 in Federal funds, as proposed by the Senate. The 
     reduction of $4,769,000 below the House allowance reflects 
     the actual enrollment count of 3,653 for public charter 
     schools instead of the projected enrollment of 4,400 which 
     was the basis for the House amount.
       The conference agreement appropriates $27,857,000 for 
     public charter schools, including $12,235,000 from local 
     funds and $15,622,000 from Federal funds instead of 
     $32,626,000, including $12,235,000 from local funds and 
     $20,391,000 from Federal funds as proposed by the House and 
     $12,235,000 from local funds as proposed by the Senate. The 
     conference agreement restores a proviso proposed by the House 
     which requires that unallocated funds for public charter 
     schools be made available for new public charter schools on a 
     per pupil basis. The conference agreement provides that 
     $480,000 of the $27,857,000 for public charter schools be 
     available to the D.C. Public Charter School Board for 
     administrative costs as proposed by the House. The conference 
     agreement does not include three provisos proposed by the 
     House concerning the special revolving fund described in 
     section 172 of last year's bill; a report to Congress on the 
     capital needs of each public charter school; and a 
     requirement that, pending submission of the capital needs 
     report, the Emergency Transitional Education Board of 
     Trustees take appropriate steps to provide public charter 
     schools with assistance to meet capital expenses in a manner 
     equitable to D.C. public schools. The conference agreement 
     restores a proviso proposed by the House that requires the 
     Emergency Transitional Education Board of Trustees to report 
     to Congress by February 1, 1999 on the Board's implementation 
     of its statutorily mandated policy to give preference to 
     newly created public charter schools for surplus public 
     school property.
       The conferees are concerned with the disposition of assets 
     purchased with taxpayer funds by charter schools whose 
     charters are revoked or are not renewed. The conferees 
     believe that any unencumbered funds and all equipment and 
     property purchased with public funds must revert to the 
     ownership of the eligible chartering authority that granted 
     the charter or the District of Columbia government, subject 
     to the rights of any party who would hold a security interest 
     or lien in or with respect to the property of such charter 
     school. The Chief Financial Officer, in consultation with 
     District public school officials, eligible chartering 
     authorities, and public charter schools shall establish 
     procedures for reversion of unencumbered funds, equipment and 
     property to the chartering authorities. The procedures for 
     the recovery of equipment and property should include 
     recoverable assets but not intangible or irrecoverable costs 
     such as rental or leasing fees, normal maintenance and 
     renovations. The conferees request a report by January 31, 
     1999, from the Chief Financial Officer and the other 
     parties involved on the status of these procedures.
       The conference agreement makes certain punctuation changes 
     as proposed by the Senate and restores the title of 
     Superintendent of Schools as proposed by the House instead of 
     Chief Executive Officer/Superintendent of Schools as proposed 
     by the Senate.
       The conference agreement makes technical changes proposed 
     by the Senate to a proviso proposed by the House concerning 
     assistance by the U.S. Army Corps of Engineers to the school 
     system for facility repairs and improvements and makes the 
     language a general provision (section 132) as proposed by the 
     Senate.
       The conference agreement includes a proviso proposed by the 
     House to reimburse the Boy Scouts of America $244,078 for 
     services provided in fiscal year 1998 on behalf of 12,600 
     students at 39 public schools. The conference agreement 
     deletes a proviso proposed by the House to expand the Boy 
     Scout program in fiscal year 1999. The conferees urge the 
     Superintendent of Schools to reevaluate the ability of the 
     school system to negotiate an agreement with the National 
     Capital Area Council of the Boy Scouts for the renewal of its 
     program in selected schools.
       The conference agreement restores a proviso proposed by the 
     House that prohibits the use of funds in this Act to pay the 
     salaries of any D.C. school teacher, principal, 
     administrator, official, or employee who provides false 
     enrollment or attendance information required under D.C. 
     Code, sec. 31-401 et seq. but requires that the prohibition 
     apply only if the designated personnel knowingly engage in 
     such conduct as proposed by the Senate.
       The conference agreement deletes language proposed by the 
     House that would have prohibited the use of funds in this Act 
     for pay raises to teachers in the D.C. Public School System 
     (DCPS) who have not passed competency tests. The conferees 
     are concerned that teachers in the DCPS system possess the 
     necessary skills to perform their duties effectively. The 
     conferees are aware that new teachers are required to pass 
     exams testing their skills in reading, writing and 
     mathematics, as well as their knowledge in specific content 
     areas. However, in-service teachers are not required to pass 
     competency tests. The conferees are pleased to learn that 
     DCPS has adopted new teacher performance standards that are 
     based on the work of the National Board for Professional 
     Teaching Standards. The conferees are advised that these 
     standards have been incorporated into a new evaluation system 
     that includes objective, achievement-based measures of 
     performance, mandatory professional development, and an 
     expedited process for the removal of non-performing teachers 
     consistent with procedures to ensure due process. The 
     conferees urge DCPS to incorporate this new system into its 
     teacher evaluation process to ensure that all DCPS teachers 
     meet the established standards and targets for performance by 
     September 2000.
       The conference agreement restores a proviso proposed by the 
     House that prohibits the use of any funds in this Act to 
     subsidize the education of any nonresident of the District of 
     Columbia at any District of Columbia public elementary or 
     secondary school unless the nonresident pays tuition to the 
     District at a rate that covers 100 percent of the District's 
     costs as determined by the Superintendent.


                         human support services

       The conference agreement makes technical changes proposed 
     by the Senate to the citation for the Stewart B. McKinney 
     Homeless Assistance Act (Public Law 100-77).

[[Page H11338]]

       Commission for Women.--The D.C. Commission for Women 
     continues to provide outstanding service to the residents of 
     the District of Columbia and particularly women. The 
     Commission's programs in building private-public partnerships 
     to train welfare recipients and assist in placing them in 
     full-time jobs is commendable. Its initiatives with respect 
     to health care education, public safety, and economic 
     development continue to be priorities for the Commission and 
     its all-volunteer Commissioners.


                              public works

       D.C. Taxicabs.--The District of Columbia government should 
     not make any changes affecting cab service between the 
     District of Columbia and the Commonwealth of Virginia without 
     consulting the Committees on Appropriations of the Senate and 
     the House of Representatives, the Committee on Governmental 
     Affairs of the Senate, and the Committee on Government Reform 
     and Oversight of the House of Representatives.


          washington convention center fund (Transfer Payment)

       The conference agreement provides a separate appropriation 
     as proposed by the House instead of consolidating this 
     account with several appropriations under ``Financing and 
     Other Uses'' as proposed by the Senate and inserts the words 
     ``Enterprise Fund'' to properly identify the fund as proposed 
     by the Senate.


                    repayment of loans and interest

       The conference agreement provides a separate appropriation 
     as proposed by the House instead of consolidating this 
     account with several appropriations under ``Financing and 
     Other Uses'' as proposed by the Senate.


                repayment of general fund recovery debt

       The conference agreement provides a separate appropriation 
     as proposed by the House instead of consolidating this 
     account with several appropriations under ``Financing and 
     Other Uses'' as proposed by the Senate.


              payment of interest on short term borrowing

       The conference agreement provides a separate appropriation 
     as proposed by the House instead of consolidating this 
     account with several appropriations under ``Financing and 
     Other Uses'' as proposed by the Senate and inserts ``from 
     local funds'' as proposed by the Senate to indicate the 
     source of the funds.


                     certificates of participation

       The conference agreement provides a separate appropriation 
     as proposed by the House instead of consolidating this 
     account with several appropriations under ``Financing and 
     Other Uses'' as proposed by the Senate and inserts ``from 
     local funds'' as proposed by the Senate to indicate the 
     source of the funds.


                      human resources development

       The conference agreement provides a separate appropriation 
     as proposed by the House instead of consolidating this 
     account with several appropriations under ``Financing and 
     Other Uses'' as proposed by the Senate and inserts a 
     description of the purposes of this appropriation and the 
     source of the funds as proposed by the Senate.


                         receivership programs

       The conference agreement appropriates $318,879,000, 
     including $189,154,000 from local funds, $96,691,000 from 
     Federal funds, and $33,134,000 from other funds instead of 
     $318,979,000, including $188,439,000 from local funds, 
     $96,691,000 from Federal funds, and $33,849,000 as proposed 
     by the House and the Senate. The conference agreement 
     earmarks $5,000,000 within the budget of the Commission on 
     Mental Health Services as proposed by the Senate to finance 
     capital improvements to community-based housing facilities 
     for seriously and chronically mentally ill individuals in the 
     District and clarifies that the funds appropriated under this 
     paragraph are for all District agencies under court ordered 
     receivership as proposed by the Senate.


   d.c. financial responsibility and management assistance authority

       The conference agreement deletes the proviso proposed by 
     the House that would have required the Executive Director and 
     General Counsel of the Authority to repay certain 
     compensation deemed by the Comptroller General to be in 
     excess of the legal limit established in the Authority's 
     enabling legislation (Public Law 104-8) as reported in GAO 
     letter report B-279095.2. The conference agreement limits the 
     salaries that may be paid to the two employees consistent 
     with the statutory rate set forth in section 102 of Public 
     Law 104-8.
       The conference agreement deletes the proviso in the House 
     bill that would have required the Authority to provide 
     information on account balances no later than 5 days after 
     the end of each month and inserts language under section 165 
     of the general provisions that addresses this issue. The 
     conference agreement also deletes a proviso proposed by the 
     House that would have prohibited the use of any funds in this 
     or any other Act to pay the salary or expenses of any officer 
     or employee of the Authority who failed to provide 
     information on account balances.

                            Enterprise Funds


         water and sewer authority and the washington aqueduct

       The conference agreement inserts a new heading ``Enterprise 
     Funds'' as proposed by the Senate and earmarks $39,933,000 
     for the District's debt service fund as proposed by the House 
     instead of $28,104,000 as proposed by the Senate.


               Lottery and Charitable Games Control Board

       The conference agreement clarifies that this appropriation 
     is to the Lottery and Charitable Games Enterprise Fund as 
     proposed by the Senate instead of the Lottery and Charitable 
     Games Control Board as proposed by the House.


                    cable television enterprise fund

       The conference agreement provides that the source of this 
     appropriation is local funds as proposed by the Senate 
     instead of other funds as proposed by the House.


                             starplex fund

       The conference agreement restores language proposed by the 
     House concerning the use of quotation marks to delineate the 
     title of an Act.


                         d.c. general hospital

       The conference agreement deletes ``Public Benefit 
     Corporation'' from the heading as proposed by the Senate.


                               personnel

       The conference agreement inserts a new paragraph as 
     proposed by the Senate that caps the number of FTE positions 
     at 32,900, exclusive of intra-District positions, during 
     fiscal year 1999.


                 capital outlay (including rescissions)

       The conference agreement restores the heading ``Including 
     Rescissions'' as proposed by the House.

                           GENERAL PROVISIONS

       The conference agreement amends section 105 concerning 
     travel expenses and payment of organizational dues by 
     deleting reference to the D.C. Courts as an agency exempt 
     from mayoral control as proposed by the Senate. The National 
     Capital Revitalization and Self-Government Improvement Act of 
     1997 (Public Law 105-33) transferred the administration and 
     financing of the D.C. Courts to the Federal government.
       The conference agreement deletes the proviso in section 106 
     proposed by the House that directed the District government 
     to refund by September 30, 1999, up to $17,800,000 of 
     overpayments collected for parking ticket violations. The 
     overpayments were reported by the D.C. Auditor in a report 
     dated March 19, 1998. A news release issued August 4, 1998, 
     by the Department of Public Works states that the department 
     will notify these motorists by mail, newspaper advertisement 
     and the Internet of their overpayments and how to obtain a 
     refund. The Department of Public Works is requested to 
     provide quarterly status reports to the House and Senate 
     Committees on Appropriations within 15 days after the end of 
     each quarter beginning October 1, 1998.
       The conference agreement updates the statutory citation in 
     section 107 for the Violent Crime Control and Law Enforcement 
     Act of 1994 as proposed by the Senate.
       The conference agreement replaces the reprogramming 
     requirements in section 116 (section 155 of the Senate 
     reported bill) as proposed by the Senate with certain 
     modifications. The revised reprogramming requirements set 
     forth certain criteria for reprogrammings and require the 
     Senate and House Committees on Appropriations to be notified 
     in writing 30 days in advance.
       The conference agreement makes technical changes in 
     sections 119 and 120 as proposed by the Senate.
       The conference agreement in section 121 designates the 
     Director of the Office of Property Management as the position 
     to make certain determinations as proposed by the House 
     instead of the Chief Financial Officer as proposed by the 
     Senate.
       The conference agreement in section 124 makes certain 
     technical changes in the citation as proposed by the Senate.
       The conference agreement in section 125 makes certain 
     editorial changes in the proviso as proposed by the Senate.
       The conference agreement in section 128 modifies the 
     reporting requirements for the University of the District of 
     Columbia as proposed by the Senate.
       The conference agreement restores section number 129 as 
     proposed by the House instead of changing the section number 
     to 128 as proposed by the Senate.
       The conference agreement includes language in section 130 
     proposed by the House and modified by the Senate to place a 
     limit on the payment of fees to attorneys who prevail in 
     administrative proceedings in special education cases instead 
     of prohibiting the payment of such fees as proposed by the 
     House.
       The conference agreement restores section number 131 
     proposed by the House instead of section number 129 as 
     proposed by the Senate.
       The conference agreement inserts a new section 132 that 
     allows the U.S. Army Corps of Engineers to assist in the 
     repair and improvement of the District's public school 
     facilities as proposed by the Senate instead of a proviso 
     under the Public Education System appropriation as proposed 
     by the House.
       The conference agreement changes section numbers 132 of the 
     House bill and 131 of the Senate bill to 133.
       The conference agreement restores section 133 of the House 
     bill which requires certain reports by the Emergency 
     Transitional Education Board of Trustees and changes the 
     section number to 134.
       The conference agreement changes section number 134 of the 
     House bill to 135 and restores language proposed by the House 
     that requires the Emergency Transitional Education Board of 
     Trustees and the University

[[Page H11339]]

     of the District of Columbia to compile accurate position and 
     employee information annually.
       The conference agreement changes section numbers 135 of the 
     House bill and 132 of the Senate bill to section 136. The 
     conference agreement also changes the due date for submission 
     of the revised appropriated funds operating budget for the 
     public school system and the University of the District of 
     Columbia from 15 days after the date of enactment of this Act 
     as proposed by the House to 30 days after the date of 
     enactment of this Act as proposed by the Senate. The 
     conference agreement also requires the Superintendent of 
     Public Schools in the District to provide the reports as 
     proposed by the Senate instead of the Emergency Transitional 
     Education Board of Trustees as proposed by the House.
       The conference agreement changes section numbers 136 of the 
     House bill and 133 of the Senate bill to section 137. This 
     section requires certain governing authorities to vote on and 
     approve their budgets before submission to the Mayor and 
     Council.
       The conference agreement changes section number 137 of the 
     House bill to 138 and restores language proposed by the House 
     concerning the ceiling on total operating expenses. The 
     conference agreement changes the ceiling from $5,216,689,000 
     to $5,211,920,000 to reflect the adjustment for public 
     charter schools.
       The conference agreement changes section number 135 of the 
     Senate bill to section 139 and inserts language proposed by 
     the Senate that permits endowment funds held by the 
     University of the District of Columbia to be invested in 
     equity-based securities if approved by the Chief Financial 
     Officer.
       The conference agreement changes section number 136 of the 
     Senate bill to section 140 and inserts language proposed by 
     the Senate that requires court-appointed receivers or other 
     court-appointed officials to prepare and submit budgets to 
     the Mayor for inclusion in the city's annual budget.
       The conference agreement changes section number 137 of the 
     Senate bill to 141 and restores language proposed by the 
     Senate requiring District officials to submit a report to 
     Congress by April 1, 1999, on measures necessary and steps to 
     be taken to ensure that the District's public schools open on 
     time to begin the 1999-2000 academic year.
       The conference agreement deletes section 138 of the House 
     bill concerning energy conservation measures.
       The conference agreement changes section numbers 139 of the 
     House bill and 138 of the Senate bill to section number 142. 
     This section concerns the classification of education 
     employees.
       The conference agreement changes section number 140 of the 
     House bill to 143 and restores language proposed by the House 
     concerning restrictions on the use of official vehicles. The 
     language is modified to provide the Chief of Police with the 
     discretion to determine the use of official vehicles assigned 
     to the department. This section was further modified at the 
     request of the Chief to allow the department to purchase and 
     donate a vehicle to an officer who was paralyzed after being 
     shot accidentally by one of her fellow officers while she was 
     attempting to arrest a robbery suspect.
       The conference agreement changes section 140(b) of the 
     House bill and section 139(a) of the Senate bill to section 
     144(a) and adds a subsection (b) extending for one year 
     modifications in the District's reduction in force procedures 
     as proposed by the Senate.
       The conference agreement changes section number 140 of the 
     Senate bill to 145 and inserts language proposed by the 
     Senate extending the time limit from 50 days to 120 days for 
     the DCPS system to assess and place students in special 
     education programs.
       The conference agreement changes section number 141 of the 
     House bill to 146 and restores language proposed by the House 
     concerning compliance with the Buy American Act.
       The conference agreement changes section numbers 142 of the 
     House bill and section 141 of the Senate bill to 147 and 
     inserts language proposed by the Senate to make language 
     carried in last year's bill permanent. The language requires 
     the National Education Association to pay local real property 
     taxes on its real property located within the District of 
     Columbia.
       The conference agreement changes section number 144 of the 
     House bill to 148 and restores language proposed by the House 
     that requires the annual audit of the District government's 
     financial statements to be conducted by the D.C. Inspector 
     General. The conference agreement modifies the House language 
     to require that procurement of the audit be done pursuant to 
     the D.C. Procurement Practices Act of 1985, as amended. The 
     conference agreement also includes language proposed by the 
     House that requires the annual audit to include a comparison 
     of audited actual year-end results with the revenues 
     submitted in the budget document for such year and the 
     appropriations enacted into law for such year.
       The financial plans reflecting those revenues and 
     appropriations follow:

    DISTRICT OF COLUMBIA GOVERNMENT--FISCAL YEAR 1999 FINANCIAL PLANS   
                        [In thousands of dollars]                       
------------------------------------------------------------------------
                                                Grants and              
   Revenues and expenditures      Local funds  other funds   Gross funds
------------------------------------------------------------------------
           Revenues:                                                    
Local sources, current                                                  
 authority:                                                             
Property taxes.................      674,500   ...........      674,500 
Sales taxes....................      565,000   ...........      565,000 
Income taxes...................    1,031,900   ...........    1,031,900 
Other taxes....................      330,400   ...........      330,400 
Licenses, permits..............       46,076   ...........       46,076 
Fines, forfeitures.............       69,450   ...........       69,450 
Services charges...............       38,745   ...........       38,745 
Miscellaneous..................       62,351       297,050      359,401 
                                ----------------------------------------
    Subtotal, local revenues...    2,818,422       297,050    3,115,472 
                                ========================================
        Federal sources:                                                
Federal payments...............            0    \1\ 23,062       23,062 
Grants.........................            0     1,202,964    1,202,964 
                                ----------------------------------------
    Subtotal, Federal sources..            0     1,226,026    1,226,026 
                                ========================================
Other financing sources:                                                
Lottery transfer...............       69,000   ...........       69,000 
Office of Tax and Revenue                                               
Initiatives....................       20,000   ...........       20,000 
                                ----------------------------------------
    Total, general fund                                                 
     revenues..................    2,907,422     1,523,076    4,430,498 
                                ========================================
Expenditures:                                                           
Governmental Direction and                                              
 Support.......................      136,485        27,659      164,144 
Economic Development and                                                
 Regulation....................       45,162       113,877      159,039 
Public Safety and Justice......      530,945       224,841      755,786 
Public Education System........      599,987       116,881      716,868 
Human Support Services.........      567,844       900,072    1,467,916 
Public Works...................      257,242         9,670      266,912 
Receiverships..................      189,154       129,825      318,979 
Other Financing and Uses:                                               
    Principal and Interest.....      431,623   ...........      431,623 
    D.C. General Hospital                                               
     Subsidy...................       46,835   ...........  ............
    University of the District                                          
     of Columbia Subsidy.......       40,148   ...........       40,148 
    Washington Convention                                               
     Center....................        5,400   ...........        5,400 
    Certificates of                                                     
     Participation.............        7,926   ...........        7,926 
    Human Resource Development.        6,674   ...........        6,674 
    Office of Cable Television.        2,108   ...........        2,108 
    Banking and Financial                                               
     Institutions..............          390           250          640 
    Financial Authority........        7,840   ...........        7,840 
    Productivity Savings.......      (10,000)  ...........      (10,000)
                                ----------------------------------------
        Total, current                                                  
         operating.............    2,865,763     1,523,075    4,388,838 
                                ========================================
        Surplus (deficit)......       41,660   ...........       41,660 
                                ========================================
Enterprise Fund Revenues:                                               
Water and Sewer Administration.  ............      239,493      239,493 
Washington Aqueduct............  ............       33,821       33,821 
Lottery and Charitable Games...  ............      225,200      225,200 
Public Service Commission......  ............        5,026        5,026 
Office of the People's Counsel.  ............        2,501        2,501 
Department of Insurance &                                               
 Securities Regulation.........  ............        7,001        7,001 
D.C. General Hospital..........  ............       66,764       66,764 
University of the District of                                           
 Columbia......................  ............       31,940       31,940 
Armory Board (Starplex)........  ............        8,751        8,751 
Retirement Board...............  ............       18,202       18,202 
Correctional Industries........  ............        3,332        3,332 
Washington Convention Center...  ............       48,139       48,139 
                                ----------------------------------------
    Total, Enterprise Fund                                              
     Revenues..................  ............      690,170      690,170 
                                ========================================
Enterprise Fund Expenditures:                                           
Water and Sewer Administration.  ............      239,493      239,493 
Washington Aqueduct............  ............       33,821       33,821 
Lottery and Charitable Games...  ............      225,200      225,200 
Public Service Commission......  ............        5,026        5,026 
Office of the People's Counsel.  ............        2,501        2,501 
Department of Insurance &                                               
 Securities Regulation.........  ............        7,001        7,001 
D.C. General Hospital..........  ............       66,764       66,764 
University of the District of                                           
 Columbia......................  ............       31,940       31,940 
Armory Board (Starplex)........  ............        8,751        8,751 
Retirement Board...............  ............       18,202       18,202 
Correctional Industries........  ............        3,332        3,332 
Washington Convention Center...  ............       48,139       48,139 
                                ----------------------------------------
    Total, Enterprise Fund                                              
     Revenues..................  ............      690,170      690,170 
                                ========================================
    Revenues versus                                                     
     Expenditures..............  ............  ...........  ............
Total Operating Revenues.......    2,907,422     2,213,246    5,120,668 
Total Operating Expenditures...    2,865,763     2,213,245    5,079,008 
                                ----------------------------------------
Revenues Versus Expenditures...       41,660   ...........       41,600 
------------------------------------------------------------------------
\1\ Does not include appropriations of $25,000,000 for Management       
  Reform, $18,778,000 for Nation's Capital Infrastructure Fund, $700,000
  for a National Museum of American Music and for Downtown              
  Revitalization, and $3,000,000 for a Medicare Coordinated Care        
  Demonstration Project in the District of Columbia.                    

       The conference agreement changes section numbers 145 of the 
     House bill and 142 of the Senate bill to 149 and restores 
     language proposed by the House concerning reference to an 
     agency previously referred to in the paragraph.
       The conference agreement changes section numbers 146 of the 
     House bill and 143 of the Senate bill to section 150.
       The conference agreement changes section numbers 147 of the 
     House bill to 151 and restores language proposed by the House 
     concerning voting representation issues.
       The conference agreement changes section number 144 of the 
     Senate bill to section 152 and inserts language as proposed 
     by the Senate that requires the Authority to report to 
     Congress on the status of any agreements between the District 
     and nonprofit organizations.
       The conference agreement changes section numbers 148 of the 
     House bill and 145 of the Senate bill to 153. This provision 
     repeals the District's residency requirement for District 
     employment.
       The conference agreement changes section number 150 of the 
     House bill to 154 and restores language proposed by the House 
     as modified by the Senate to change the effective date of the 
     provision to April 1, 1999 to allow the Corrections Trustee a 
     six month period to relocate inmates classified above

[[Page H11340]]

     the medium security level from the Youngstown, Ohio 
     correctional facility to other facilities.
       The conference agreement changes section number 146 of the 
     Senate bill to 155 and inserts language proposed by the 
     Senate requiring the establishment of a $150,000,000 reserve 
     fund in the fiscal year 2000 budget.
       The conference agreement deletes section 147 of the Senate 
     bill that would have allowed the expenditure of funds that 
     are not a part of the budget approved by the Congress.
       The conference agreement changes section number 148 of the 
     Senate bill to 156 and inserts language proposed by the 
     Senate authorizing the Board of Trustees of the District of 
     Columbia Public Library (DCPL) to hire a fund raiser to raise 
     funds from private sources. The conferees support the efforts 
     of the Library's Board of Trustees to raise additional 
     revenues by fund raising. The conferees direct the Board of 
     Trustees to set a reasonable salary for the fund raiser 
     position and to provide the District's Chief Financial 
     Officer with a complete annual accounting of the fund 
     raiser's budget, including all expenses incurred in 
     connection with fund raising activities.
       The conference agreement changes section 149 of the Senate 
     bill to section 157 and inserts language proposed by the 
     Senate for the District of Columbia Adoption Improvement Act 
     of 1998.
       The conference agreement changes section number 150 of the 
     Senate bill to 158 and inserts language as proposed by the 
     Senate that clarifies and completes the transfer of legal 
     authority and responsibility for adult offender supervision 
     from the Social Services Division of the D.C. Superior Court 
     to the new Offender Supervision Agency established by section 
     11233 of the Revitalization Act of 1997 (Public Law 105-33).
       The conference agreement changes section number 151 of the 
     Senate bill to 159 and inserts language as proposed by the 
     Senate to ratify the Chief Management Officer's employment 
     agreement. The conference agreement deletes language proposed 
     by the Senate which would have authorized the Chief 
     Management Officer, with the approval of the Authority chair, 
     to appoint and fix the pay of additional personnel.
       The conference agreement deletes sections 152, 153, and 157 
     of the Senate bill which would have allowed the Authority to 
     set the annual salary for the Chief Financial Officer of the 
     District, the D.C. Inspector General, and the Executive 
     Director of the Authority.
       The conference agreement changes section number 154 of the 
     Senate bill to 160 and inserts language as proposed by the 
     Senate to increase from 3 to 5 years the time limit on 
     contracts between an independent auditor and the D.C. 
     government for the District's annual financial audit.
       The conference agreement changes section number 156 of the 
     Senate bill to 161 and inserts language as proposed by the 
     Senate that allows funds previously appropriated for 
     management reform initiatives to remain available for such 
     purposes through fiscal year 1999. The conference agreement 
     limits the amount to $3,200,000.
       The conference agreement inserts a new section 162 that 
     requires the District of Columbia Courts to pay interest to 
     individuals who do not receive prompt payment for goods 
     provided and services rendered to the courts. The courts have 
     failed to pay more than $5,000,000 owed to court appointed 
     attorneys for indigents, and this provision is intended to 
     discourage nonpayment in the future.
       The conference agreement inserts a new section 163 that 
     makes a technical change in section 147 of the Nation's 
     Capital Bicentennial Designation Act.
       The conference agreement inserts a new section 164 that 
     allows a member of the Authority to serve until a successor 
     has been appointed.
       The conference agreement inserts a new section 165 that 
     requires the quarterly financial reports from the Chief 
     Financial Officer to include a statement of the balance of 
     each account held by the Authority at the end of the quarter, 
     together with a description of the activities within each 
     such account during the quarter, based on information 
     supplied by the Authority to the Chief Financial Officer.
       The conference agreement inserts a new section 166 that 
     prohibits the use of any funds to capitalize the National 
     Capital Revitalization Corporation, or to implement any 
     provisions of the National Capital Revitalization Act of 1998 
     (D.C. Act 12-355), until at least 30 days after the District 
     of Columbia Financial Responsibility and Management 
     Assistance Authority submits an economic development strategy 
     to the appropriate committees of Congress.
       The conference agreement inserts a new section 167 that 
     requires the District government to maintain for fiscal year 
     1999 the same funding levels as provided in fiscal year 1997 
     for homeless services in the District and provides an 
     additional $1,000,000 to be paid to The Doe Fund for its 
     Ready, Willing & Able program.
       The conference agreement inserts a new section 168 that 
     requires the Chief Financial Officer to submit a revised 
     appropriated funds operating budget for all agencies of the 
     District government no later that November 1, 1998, or within 
     30 calendar days after the date of enactment of this Act, 
     whichever occurs later.
       The conference agreement inserts a new section 169 to waive 
     the congressional review period for the Oyster Elementary 
     School Construction and Revenue Bond Act of 1998.
       The conference agreement changes section number 149 of the 
     House bill to 170 and restores language as proposed by the 
     House to prohibit the use of any funds to distribute needles 
     or syringes for the hypodermic injection of any illegal drug, 
     or for any payment to any individual or entity who carries 
     out any such program.
       The conference agreement changes section number 151 of the 
     House bill to 171 and restores language proposed by the House 
     that prohibits the use of funds to conduct any ballot 
     initiative which seeks to legalize or reduce the penalties 
     for possession of certain controlled substances.
       The conference agreement deletes section 152 of the House 
     bill which would prohibits the use of funds to carry out any 
     joint adoption of a child between individuals who are not 
     related by blood or marriage.
       The conference agreement deletes section 153 of the House 
     bill which would have it unlawful for individuals under 18 
     years of age to possess any cigarette or other tobacco 
     product in the District of Columbia and imposing penalties 
     for violations.

                         Reporting Requirements

       The conferees are concerned by the numerous, sometimes 
     duplicative and overlapping reporting requirements enacted 
     each year and imposed on various District government 
     entities. Some of the requirements have been submitted to 
     Congress as part of the District's consensus budget, and 
     others have been added during budget deliberations by both 
     the House and Senate Appropriations Committees. Many of these 
     requirements were triggered by the financial and managerial 
     problems that have plagued the District government throughout 
     the past decade. According to the Authority, the District 
     government is subject to 34 reporting requirements pursuant 
     to the fiscal year 1998 appropriations bill and accompanying 
     reports. The DCPS system alone must respond to ten reporting 
     deadlines. Reporting provisions are so numerous that 
     compliance is difficult to monitor.
       The Federal Payment Reauthorization Act of 1994 (Public Law 
     103-373) requires the development of both performance and 
     financial accountability plans for the District government. 
     The Chief Financial Officer has complied with the financial 
     reporting requirements, which were designed to aid the 
     District in eliminating any differences between expenditures 
     from and revenues attributable to each fund of the District 
     government. The District government has made substantial 
     progress in closing the budget shortfalls and has estimated 
     the fiscal year 1998 surplus to be $302,000,000.
       While the District government is behind schedule on the 
     implementation of the Act's performance reporting 
     requirements, the Authority, under the direction of the 
     District's new Chief Management Officer, submitted to 
     Congress the final Performance Accountability Plan for fiscal 
     year 1999 on September 30, 1998. The Plan will improve the 
     District government's accountability through the 
     specification of measurable performance goals and the 
     reporting of actual results.
       The combination of quarterly financial accountability 
     reports and annual performance reports will provide Congress 
     with an overview of the District's financial and managerial 
     status, while simultaneously transforming the District 
     government into a performance-based operation with measurable 
     goals and objectives. These reporting requirements are 
     consistent with the reporting standards for all Federal 
     government agencies pursuant to the Government Performance 
     and Results Act of 1993.
       The conferees direct the Council of the District of 
     Columbia, the Mayor and the Authority to review the various 
     reporting regulations currently in effect and analyze any 
     redundant or outdated reporting requirements in light of the 
     standards of the Federal Payment Reauthorization Act of 1994. 
     The conferees further direct the Authority to provide to the 
     Committees on Appropriations of the Senate and House of 
     Representatives, the Committee on Governmental Affairs of the 
     Senate, and the Committee on Government Reform and Oversight 
     of the House of Representatives by January 15, 1999, its 
     recommendations for the consolidation and streamlining of 
     reporting requirements contained in the annual District of 
     Columbia appropriations bills.


                          conference agreement

       The following tables summarize the amounts, by Federal 
     funds and by District funds for each office or agency, agreed 
     to in this conference:

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[[Page H11355]]

                   Conference Total--With Comparisons

       The total new budget (obligational authority) for the 
     fiscal year 1999 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1998 amount, the 1999 
     budget estimates, and the House and Senate bills for 1999 
     follow:

Federal funds:
  New budget (obligational) authority, fiscal year 1998....$533,000,000
  Budget estimates of new (obligational) authority, fiscal y486,200,000
  House bill, fiscal year 1999..............................491,181,000
  Senate bill, fiscal year 1999.............................481,800,000
  Conference agreement, fiscal year 1999....................494,590,000
                                    Conference agreement compared with:
    New budget (obligational) authority, fiscal year 1998...-38,410,000
    Budget estimates of new (obligational) authority, fiscal +8,390,000
    House bill, fiscal year 1999.............................+3,409,000
    Senate bill, fiscal year................................+12,790,000
District of Columbia funds:
  New budget (obligational) authority, fiscal year 1998...4,962,967,000
  Budget estimates of new (obligational) authority, fiscal6,767,679,737
  House bill, fiscal year 1999............................6,794,937,737
  Senate bill, fiscal year 1999...........................6,767,679,737
  Conference agreement, fiscal year 1999..................6,790,168,737
                                    Conference agreement compared with:
    New budget (obliga- tional) authority, fiscal year 19+1,827,201,737
    Budget estimates of new (obligational) authority, fiscal+22,489,000
    House bill, fiscal year 1999.............................-4,769,000
    Senate bill, fiscal year 1999...........................+22,489,000

   SECTION 101(d)--FOREIGN OPERATIONS, EXPORT FINANCING, AND RELATED 
                   PROGRAMS APPROPRIATIONS ACT, 1999

       The conferees on H.R. 4328 agree with the matter inserted 
     in this subsection of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the difference in the House 
     and Senate versions of H.R. 4569, the Foreign Operations, 
     Export Financing, and Related Programs Appropriations Act, 
     1999, by members of the appropriations subcommittees of both 
     the House and Senate with jurisdiction over H.R. 4569.

               TITLE I--EXPORT AND INVESTMENT ASSISTANCE

                Export-Import Bank of the United States


                         Subsidy Appropriation

       The conference agreement appropriates $765,000,000 for the 
     subsidy appropriation of the Export-Import Bank instead of 
     $745,500,000 as proposed by the House and $785,000,000 as 
     proposed by the Senate. The appropriations are available for 
     four years.
       The conferees note that authority to transfer additional 
     funds to this account from ``Assistance for the New 
     Independent States of the Former Soviet Union'' is provided 
     under that heading, as proposed by the Senate.

                Export-Import Bank of the United States

                        Administrative Expenses

       The conference agreement appropriates $50,000,000 for 
     administrative expenses of the Export-Import Bank instead of 
     $49,000,000 as proposed by the Senate and $50,277,000 as 
     proposed by the House. It also delays the sunset provision of 
     Section 117 of the Export Enhancement Act of 1992, relating 
     to compensation of employees, until October 1, 1999, as 
     proposed by the Senate. A ceiling of $22,500 is placed on 
     official reception and representation expenses of the Board 
     of Directors, instead of $20,000 as proposed by the House and 
     $25,000 as proposed by the Senate.

       Overseas Private Investment Corporation Non-credit Account

       The conference agreement appropriates $32,500,000 for 
     administrative expenses of the Overseas Private Investment 
     Corporation (OPIC) instead of $33,000,000 as proposed by the 
     House and $32,000,000 as proposed by the Senate. Of this 
     amount, $5,000,000 is withheld from obligation until OPIC 
     provides certain reports relating to sector funds and 
     activities in the southern Caucasus, instead of $16,500,000 
     as proposed by the Senate.

                      Trade and Development Agency

       The conference agreement appropriates $44,000,000 for the 
     Trade and Development Agency instead of $43,000,000 as 
     proposed by the Senate and $41,500,000 as proposed by the 
     House.
       The conferees concur with House report language on the 
     Trade and Development Agency and OPIC as it relates to an 
     East-West transport corridor and the Caspian Sea region. The 
     managers also note discussion of the corridor and 
     Turkmenistan in this Statement under the heading ``Assistance 
     for the New Independent States of the Former Soviet Union''.

                TITLE II--BILATERAL ECONOMIC ASSISTANCE

                  Agency for International Development

                Child Survival and Disease Programs Fund

       The conference agreement appropriates $650,000,000 as 
     proposed by the House. The Senate bill contained no provision 
     on this matter, but included funds for these activities under 
     ``Development Assistance''. The managers agree with the House 
     report language regarding the use of the funds appropriated 
     under this heading, including $105,000,000 for a grant to 
     UNICEF and $25,000,000 for polio eradication. The grant for 
     UNICEF does not preclude AID from providing additional 
     funding for specific UNICEF projects as may be applicable.
       The managers also concur with House and Senate report 
     language on infectious diseases. At least $50,000,000 above 
     the amount provided for HIV/AIDS is to be made available from 
     funds under this heading to strengthen global surveillance 
     and control of infectious diseases as proposed by the House. 
     The Senate included similar bill language under ``Development 
     Assistance''.
       The total available to combat infectious diseases should be 
     $215,000,000 in fiscal year 1999. In implementing programs, 
     projects, and activities to combat infectious diseases, the 
     conferees support AID's new strategy to address the global 
     threat of infectious diseases, which focuses on activities to 
     improve surveillance and response, and to combat anti-
     microbial resistance, malaria, and tuberculosis. They expect 
     AID to continue to consult closely with the Appropriations 
     Committees, the National Institute of Allergy and Infectious 
     Diseases of the National Institutes of Health (NIH), the 
     Centers for Disease Control and Prevention (CDC), and other 
     relevant agencies involved in international health issues.
       The funding increase above the fiscal year 1998 level 
     should be used for programs, projects, and activities for the 
     prevention and control of such infectious diseases as drug-
     resistant tuberculosis.
       As language in last year's Statement of Managers suggesting 
     that Mexico be included among country programs funded by AID 
     was ignored, the conferees direct that an effective program 
     for Mexico be included in the 1999 allocation. To the 
     greatest extent possible, a subsidy should be provided for 
     the Mexican share of the binational approach that has been 
     developed to protect residents on both sides of the Mexico/
     Texas border from the ravages of tuberculosis. In addition, 
     the conferees support the regional tuberculosis control 
     initiative proposed by the Gorgas Memorial Institute and 
     recommend that up to $2,000,000 be made available for this 
     activity in Latin America. The Committees expect to be fully 
     consulted by AID before it finalizes its 1999 spending plan 
     for tuberculosis.
       The conference agreement includes $125,000,000 for both 
     bilateral and multilateral HIV/AIDS prevention and control 
     programs, as proposed by the House.
       The conferees are aware that an estimated 600,000 women die 
     from pregnancy-related causes annually, and that most of 
     these lives could be saved with better healthcare and 
     nutrition. The conferees encourage AID to provide as much as 
     $50,000,000 for activities intended to improve the health and 
     nutrition of pregnant women and mothers of newborn children. 
     AID is requested to consult with WHO, the Global Health 
     Council, and others in developing a strategy to address these 
     problems.
       The conference agreement includes not less than $12,000,000 
     for orphans, displaced, and blind children. An additional 
     $3,000,000 should be made available for support of children 
     in Russian and Ukrainian orphanages from this account and 
     Assistance to the New Independent States.

                         Development Assistance


                     (Including transfer of funds)

       The conference agreement appropriates $1,225,000,000 for 
     ``Development Assistance'' instead of $1,174,000,000 as 
     proposed by the House and $1,904,000,000 as proposed by the 
     Senate. The Senate included funding for the ``Child Survival 
     and Disease Programs Fund'' under its ``Development 
     Assistance'' account.
       The conference agreement includes language from the Senate 
     amendment which inserts authority to obligate funds pursuant 
     to title V of the International Security and Development 
     Cooperation Act of 1980 (African Development Foundation), and 
     section 401 of the Foreign Assistance Act of 1969 (Inter-
     American Foundation) under this heading. The conference 
     agreement provides authority apportioning directly up to 
     $20,000,000 for the Inter-American Foundation and up to 
     $11,000,000 for the African Development Foundation. The 
     Senate provided allocations for these two foundations at 
     levels of $20,000,000 and $8,000,000, respectively. The House 
     bill had provided separate appropriations accounts for the 
     foundations at levels of $20,680,000 for the Inter-American 
     Foundation and $13,160,000 for the African Development 
     Foundation.
       The conferees have agreed to an increase for this account 
     in part to enable additional funding for Indonesia without 
     adversely affecting other countries in the region, or 
     countries in other regions.
       The conferees support funding for the Latin America and the 
     Caribbean region, under this account and ``Economic Support 
     Fund'', at least at the level allocated for fiscal year 1998.

[[Page H11356]]

       The conference agreement also includes House language 
     allowing not to exceed $2,500,000 to be transferred to 
     ``International Organizations and Programs'' for a 
     contribution to the International Fund for Agricultural 
     Development (IFAD). The Senate amendment included similar 
     language.
       The conference agreement includes language that states that 
     not less than $500,000 should be made available for support 
     of the United States Telecommunications Training Institute. 
     The Senate amendment included bill language mandating that 
     such funds be made available for this purpose. The House bill 
     did not address this matter.
       The conference agreement contains language similar to that 
     in the House bill that withholds funds for the central 
     Government of South Africa until the Secretary of State 
     reports on the steps being taken by the United States to work 
     with the Government of the Republic of South Africa to 
     negotiate the repeal, suspension, or termination of section 
     15(c) of South Africa's Medicines and Related Control 
     Amendment Act No. 90 of 1997. The Senate amendment did not 
     contain a provision on this matter.
       The conference agreement includes language from the Senate 
     amendment not in the House bill that provides not to exceed 
     $25,000, in addition to funds otherwise available for such 
     purposes, to monitor and provide oversight for assistance 
     programs for displaced and orphan children and victims of 
     war.
       The conference agreement includes language stating that not 
     less than $1,500,000 should be made available for agriculture 
     programs in Laos. The Senate amendment would have mandated 
     not less than $2,000,000 for this purpose; the House bill did 
     not address this matter.
       The conference agreement includes language similar to a 
     provision in the Senate amendment that requires that not less 
     than 50 percent of the funds made available for the 
     Microenterprise Initiative should be made available for loans 
     of $300 or less for very poor people, particularly women, or 
     for institutional support of organizations primarily engaged 
     in making such loans. The House bill did not address this 
     matter.
       The conference agreement prohibits funds from being made 
     available for any activity in contravention to the Convention 
     on International Trade in Endangered Species of Flora and 
     Fauna (CITES) as proposed by the House.


                       Voluntary Family Planning

       The conference agreement includes language that states that 
     voluntary family planning projects that are funded through 
     this account meet certain requirements. The House bill 
     included language with a similar intent. The Senate amendment 
     did not address this matter.
       The conference substitute states that project service 
     providers or referral agents cannot implement or be subject 
     to quotas or other numerical targets, of total number of 
     births, number of family planning acceptors, or acceptors of 
     a particular method of family planning. The conference 
     substitute deletes the word ``goals'' from the original 
     amendment because it is redundant in light of the prohibition 
     on quotas and numerical targets. If goals are applicable to a 
     project and are implemented in a manner that, in fact, makes 
     them quotas or other numerical targets, then it is the 
     conferees' intention that such ``goals'' be considered as 
     violations of this provision.
       The conference substitute makes clear that projects may 
     rely on quantitative estimates or ``indicators'', so long as 
     such estimates or indicators are used only for budgeting and 
     planning purposes and do not function as quotas or numerical 
     targets.


                              Agriculture

       The conference agreement does not contain language from the 
     Senate amendment regarding the minimum level of funding for 
     agriculture programs. However, the conferees are concerned 
     about the decline in funding for international agriculture. 
     It is one of the keys to economic development, and 
     significantly more than half of the world's developing 
     population is engaged in agricultural production. If 
     agricultural production is improved and increased, not only 
     is there a positive economic impact, but more rural poor are 
     able to overcome the rampant hunger and malnutrition 
     experienced by many children, women and men in developing 
     countries. International agricultural development is also 
     supported by many important members of the U.S. agricultural 
     industry, including agribusiness, farmers, ranchers, and 
     universities, because of the long-term benefits of developing 
     and expanding export markets for U.S. goods and services.
       The conferees note that AID has included agricultural 
     development as one of its major goals for the coming year, 
     and strongly support agricultural programs in ``Development 
     Assistance'' and in the other accounts administered by AID. 
     The conferees recommend $305,000,000 for these activities in 
     fiscal year 1999.
       Prior to the submission of the report required by section 
     653 of the Foreign Assistance Act, AID is directed to consult 
     with the Committees on Appropriations regarding the proposed 
     allocation of sector resources, including those intended for 
     agriculture.


                 American Schools and Hospitals Abroad

       The conference agreement does not contain Senate language 
     requiring that not less than $15,000,000 shall be available 
     only for the American Schools and Hospitals Abroad (ASHA) 
     program. However, the managers direct the Agency for 
     International Development to fully uphold its commitment to 
     the Appropriations Committees to obligate at least 
     $15,000,000 for the American Schools and Hospitals Abroad 
     program in fiscal year 1999.
       The conferees believe that several institutions which have 
     received funding under the ASHA program have distinguished 
     records and deserve further support. They include:
       --The American University of Beirut which has trained 
     Middle Eastern leaders for 130 years in a strong liberal arts 
     tradition encouraging freedom of expression, private 
     initiative, and tolerance. Its academic quality and 
     longstanding relationship with regional governments make the 
     university a primary resource for regional development.
       --The Lebanese American University (formerly Beirut 
     University College) is the most rapidly growing institution 
     of higher learning in Lebanon and is an increasingly 
     important resource for regional development.
       --The Hadassah Medical Organization has established an 
     important record of outreach and service. Hadassah's programs 
     are designed to train native populations to improve the 
     health and welfare of their own people using American ideas 
     and technology.
       --The Johns Hopkins University's centers in Bologna, Italy, 
     and Nanjing, China are vital national resources promoting 
     democracy and international market economics in central and 
     Eastern Europe and China. The conferees expect that $500,000 
     be provided for the Nanjing center.
       --The Feinberg Graduate School [FGS] of the Weizmann 
     Institute of Science in Israel has long served as a model of 
     American scientific education for postgraduate students and 
     scholars from around the world. ASHA funds have been used 
     exclusively to purchase American-made scientific equipment 
     from American suppliers.
       In addition, the Bikur Cholim Hospital is one of the oldest 
     medical institutions in Israel, and is today the only medical 
     center in the heart of Jerusalem. There is an urgent need for 
     renovation and expansion at Bikur Cholim to accommodate the 
     emergency medical needs of all residents of Jerusalem. The 
     managers recommend funding be provided for modernizing 
     infrastructure and adding space, equipment and medical and 
     nursing personnel at the Bikur Cholim Hospital.
       The conferees note that University College, Dublin, is 
     launching a Center of American Studies to provide educational 
     programs in American culture, history and economics. The 
     conferees recommend that AID seriously consider supporting 
     the Center under the ASHA program.


                   Mitch McConnell Conservation Fund

       While the conference agreement does not include language 
     from the Senate amendment establishing the Mitch McConnell 
     Conservation Fund, the conferees support the fund.
       In April 1998, the Government of Ecuador passed landmark 
     legislation promoting conservation of biodiversity and 
     sustainable development of the Province of the Galapagos 
     Islands. The conferees note that Ecuador does not have the 
     resources to assure the laws can be fully and effectively 
     implemented to protect this unique environment. To fulfill 
     these requirements, the conferees direct that not less than 
     $1,200,000 be provided for research, conservation, training 
     and related activities. Of this sum, not less than $500,000 
     should be made available for activities conducted by the 
     Charles Darwin Research Station and $200,000 should be made 
     available to support training and conservation activities 
     conducted by the Galapagos National Park Service. Finally, 
     not less than $500,000 should be made as a contribution to an 
     endowment for the Charles Darwin Research Station and 
     Foundation.


                     Patrick Leahy War Victims Fund

       The conferees recommend $12,000,000 for medical, 
     orthopedic, and related rehabilitative and preventive 
     assistance for war victims, particularly those who have been 
     severely disabled from landmines and other unexploded 
     ordnance. Of this amount, up to $10,000,000 is to be funded 
     from the ``Development Assistance'' account and the 
     ``Economic Support Fund''. The balance should be funded from 
     Office of Transition Initiatives resources, and with funds 
     from the demining budget of the ``Nonproliferation, anti-
     terrorism, demining and related programs'' account, for 
     example, to conduct surveys of the needs of landmine victims. 
     Any such programs to assist war victims should be designed 
     and implemented in consultation with AID's manager of the 
     Leahy War Victims Fund.

                  Private and Voluntary Organizations

       The conference agreement includes language from the Senate 
     amendment providing that funds appropriated under title II of 
     this Act should be made available to private and voluntary 
     organizations (PVO's) at a level which is at least equivalent 
     to the level provided in fiscal year 1995. The House bill 
     included similar language.

                                 Cyprus

       The conference agreement includes Senate language providing 
     that not less than $15,000,000 of the funds appropriated 
     under ``Development Assistance'' and ``Economic Support 
     Fund'' be made available for Cyprus, to be used only for 
     scholarships, administrative support, bicommunal projects, 
     and measures aimed at reunification of the island. The House 
     bill contained no provision on this matter.

[[Page H11357]]

                                 Burma

       The conference agreement includes a total of $6,500,000 
     from ``Development Assistance'' and ``Economic Support Fund'' 
     to support democracy and humanitarian programs related to 
     Burma. Such funds may be made available notwithstanding any 
     other provision of law and are subject to notification. The 
     Senate amendment specified the uses for the funds beyond 
     democracy and humanitarian assistance, and the funding source 
     was limited to ``Development Assistance''. The House bill 
     contained no provision on this matter.
       The conference agreement appropriates $6,500,000 from 
     ``Development Assistance'' and ``Economic Support Fund'' 
     resources to promote the restoration of democracy in Burma 
     and support humanitarian programs along Burma's borders and 
     outside Burma. Of this amount, $3,500,000 should be made 
     available to support democracy activities in Burma, 
     democracy and humanitarian activities along the Burma-
     Thailand border, and for Burmese student groups and other 
     organizations located outside Burma, of which, not less 
     than $500,000 should be made available for newspapers, 
     media and publications promoting democracy in and related 
     to Burma. Finally, $3,000,000 should be made available to 
     support the provision of medical supplies and services, 
     education and humanitarian assistance to displaced Burmese 
     along the Burma borders.
       The conferees are concerned by the lack of consultation 
     with the legitimate government of Burma regarding the 
     expenditure of such funds and directs that such consultations 
     take place on the obligation of fiscal year 1999 funds. The 
     conferees note the dramatic increase in repression in Burma 
     during 1998. Credible reports indicate that more than 800 
     members of the National League for Democracy and its 
     supporters have been detained, tortured or executed in the 
     past several months. These abuses have occurred in an attempt 
     by the State Peace and Development Council (SPCC) to prevent 
     the National League of Democracy, the legitimate winners of 
     the 1990 elections, from convening and seating a parliament.
       The conferees continue to be concerned by the slow 
     disbursement of funds made available for Burma in spite of 
     the fact that there has been little change in the selected 
     beneficiaries over the past three years. The conferees direct 
     that 15 days after enactment of this Act, the committees on 
     appropriations be provided with a report on the obligation of 
     all funds in fiscal years 1997 and 1998 and thirty days 
     thereafter an assessment of any changes anticipated in the 
     administration of funds for fiscal year 1999.

                                Cambodia

       The conference agreement includes language prohibiting 
     funds for Cambodia until the Secretary of State determines 
     and reports to the Committees on Appropriations that the 
     Government of Cambodia has: (1) thoroughly and credibly 
     resolved all election-related disputes and complaints filed 
     by all political parties to the National Election Commission 
     and the Constitutional Council; (2) discontinued all 
     political violence and intimidation of journalists and 
     members of opposition parties; and (3) been formed through 
     credible, democratic elections. This restriction does not 
     apply to demining or activities administered by 
     nongovernmental organizations, but any funds made available 
     for such purposes are subject to notification. The House bill 
     and Senate amendment contained similar provisions.
       The conferees encourage representatives from the Secretary 
     of State in consultation with respresentatives from the 
     Director of the Federal Bureau of Investigation to meet with 
     impacted parties, including victims, of the March 30, 1997, 
     grenade attack in Phnom Phen to discuss the status of their 
     report. The FBI's investigation and report are classified and 
     the conferees believe that full disclosure of its fundings 
     could be important to resolving outstanding concerns.

                               Indonesia

       The conference agreement provides that of the funds 
     appropriated under the headings ``Development Assistance'' 
     and ``Economic Support Fund'', not less than $75,000,000 
     shall be made available for assistance for Indonesia. Of this 
     amount, up to $25,000,000 may be derived from funds that are 
     available for obligation pursuant to section 511 of this Act 
     or any comparable provision of law. In addition, the language 
     states that $15,000,000 of these funds should be administered 
     by the Office of Transition Initiatives. The Senate amendment 
     had provided not less than $100,000,000 for Indonesia from 
     the funds appropriated under ``Development Assistance'', and 
     specified the uses for the funds. The House bill did not 
     address this matter.
       The conferees have included the use of deobligation/
     reobligation authority for programs for Indonesia with the 
     expectation that the authority will be fully utilized, and 
     that the sources for use of this authority could be derived 
     from projects from any region of the world.

                   International Disaster Assistance

       The conference agreement appropriates $200,000,000 for 
     ``International Disaster Assistance'' instead of $150,000,000 
     as proposed by the House.
       The conferees note that an additional $15,000,000 for the 
     Office of Transition Initiatives will be available for 
     Indonesia from sources outside of this account.
       The conference agreement does not include language proposed 
     by the Senate that provided not less than $500,000 for a 
     hydraulic drilling machine to provide potable drinking water 
     in the region of the Nuba Mountains in Sudan. The House bill 
     did not address this matter.

             Urban and Environmental Credit Program Account

       The conference agreement appropriates $1,500,000 for 
     subsidy budget authority instead of $3,000,000 as proposed by 
     the Senate. The House bill did not address this matter. In 
     addition, the agreement appropriates $5,000,000 for 
     administrative expenses instead of $5,500,000 as proposed by 
     the House and $4,000,000 as proposed by the Senate.

     Operating Expenses of the Agency for International Development

       The conference agreement appropriates $479,950,000 instead 
     of $460,000,000 as proposed by the House and $475,000,000 as 
     proposed by the Senate. Also, the conference agreement does 
     not include language proposed by the Senate to extend the 
     availability of these funds until September 30, 2000.

 Operating Expenses of the Agency for International Development Office 
                          of Inspector General

       The conference agreement appropriates $30,750,000 for the 
     Office of Inspector General instead of $31,500,000 as 
     proposed by the House and $30,000,000 as proposed by the 
     Senate. Funds provided in this account for security 
     activities should be transferred to the account for operating 
     expenses of the agency pursuant to section 587 of this Act.

                         Economic Support Fund

       The conference agreement appropriates $2,367,000,000 
     instead of $2,305,600,000 as proposed by the Senate and 
     $2,326,000,000 as proposed by the House.


                            The Middle East

       The conference agreement inserts language proposed by the 
     Senate which earmarks $1,080,000,000 for Israel and 
     $775,000,000 for Egypt. The conference agreement inserts 
     language that not less than $150,000,000 should be made 
     available for Jordan.


                                 Israel

       The conferees wish to commend Prime Minister Netanyahu and 
     the Government of Israel for putting forward an historic 
     proposal to eliminate Israel's economic aid over the course 
     of the next decade. The Prime Minister's proposal recognized 
     Israel's remarkable economic growth, technological advances 
     and financial progress, and assumed Israel's ability to 
     finance its own economic requirements in the future. At the 
     same time, the Government of Israel noted that the security 
     situation in the Middle East remains of great concern, 
     particularly with respect to the proliferation of weapons of 
     mass destruction, and therefore defense requirements to meet 
     these challenges will increase in the future. The conferees 
     note that media reports regarding the transfer of weapons of 
     mass destruction from nations such as Russia, China and North 
     Korea to countries in the region support Israel's concern 
     that these transfers pose an ominous threat to Israel's 
     future security.
       After extensive discussions with the Administration, the 
     conferees recommend the following modalities for aid to 
     Israel. The conferees believe that a phased reduction in 
     Israel's economic assistance, implemented in equal increments 
     of $120,000,000 per year, extended over a period of not more 
     than ten years, should begin this fiscal year. This phased 
     reduction will result in the eventual elimination of 
     ``Economic Support Fund'' assistance for Israel. 
     The conferees also expect that as a result of this 
     reduction plan, Israel will be absolved of current 
     financial obligations it may have to support through 
     direct contributions to the U.S. government any other 
     neighboring Middle East nation.
       The conferees are also convinced that the emerging security 
     threats in the Middle East are significant and warrant 
     transferring half of Israel's reduction in economic aid to 
     military assistance thus enabling Israel to fully ensure 
     fully its security. As a result, the conferees recommend 
     increasing military assistance to Israel by $60,000,000 in 
     fiscal year 1999 with a strong presumption that similar 
     annual incremental increases will be required over the next 
     decade. However, with respect to this recommended increase in 
     military assistance, the conferees must be very clear that 
     they cannot commit future Congresses to the future 
     appropriation of funds. Therefore, future increases in 
     military assistance will require the annual review of the 
     Congress and will necessarily be based upon an assessment of 
     the security situation at the time.
       The conference agreement therefore provides that not less 
     than $1,080,000,000 in Economic Support Funds shall be 
     provided for Israel, which is $120,000,000 less than the 
     fiscal year 1998 level and the amount requested by the 
     President. The conference agreement also requires that these 
     funds be provided to Israel as a cash grant within thirty 
     days of the signing of this Act or by October 31, 1998, 
     whichever is later.


                                 egypt

       As part of the Committees on Appropriations' ongoing review 
     of Middle East aid levels, and as a result of budget 
     constraints affecting the international affairs budget, there 
     have been extensive discussions with the Government of Egypt 
     and the Administration regarding appropriate future aid 
     levels for Egypt. As a key friend and ally in the region, 
     Egypt's critical role in the Middle East and essential 
     contribution to the peace process cannot be overstated. The 
     conferees note that Egypt's economic and security

[[Page H11358]]

     needs are unique and consequently distinctly different from 
     other countries in the region. However, the conferees are 
     convinced that Egypt's overall aid levels must be reduced to 
     meet current budget requirements. Therefore, the conferees 
     believe this reduction in overall funding levels must begin 
     this year, be carried out in equal annual increments, and 
     result in a reduction in economic assistance to half of the 
     1998 level in no more than ten years.
       The conference agreement therefore recommends that not less 
     than $775,000,000 in Economic Support Funds shall be provided 
     for Egypt on a grant basis, which is $40,000,000 less than 
     the fiscal year 1998 level. A cash transfer shall be provided 
     with the understanding that Egypt will continue to implement 
     significant economic reforms. The conferees strongly 
     recommend that not less than $200,000,000 of the funds 
     allocated for Egypt be used for Commodity Import Program 
     assistance. The conferees also strongly encourage the 
     Administration to work with the Government of Egypt to 
     develop mechanisms in the economic, trade and investment 
     areas which will make assistance to Egypt more flexible and 
     effective. The conferees expect the Administration to consult 
     with the Committees on Appropriations on the outcome of these 
     discussions.


                                 jordan

       The conferees express their continued strong support for 
     and appreciation of Jordan's constructive and critical role 
     in the peace process and encourage the Administration, in 
     close consultation and cooperation with the Congress, to 
     continue its efforts to assist Jordan in both the economic 
     and security areas. The conference agreement therefore 
     recommends that not less than $150,000,000 should be made 
     available for Jordan. The conferees also encourage Jordan to 
     continue its ongoing economic reform program.


                               holocaust

       The conference agreement includes language providing that 
     not to exceed $10,000,000 may be used to support victims of 
     the Holocaust. The Senate amendment included language that 
     also authorized the use of funds for programs. The House bill 
     did not address this matter.


                             western sahara

       The conferees support former Secretary of State James 
     Baker's efforts to ensure, as mandated by the Houston 
     Agreement and the United Nations Settlement Plan, the prompt 
     completion of a free, fair and transparent referendum on 
     self-determination for the people of Western Sahara. The 
     conferees regret the problems described in recent reports to 
     the Security Council by United Nations Secretary General Kofi 
     Annan, and urge the two parties to resolve these matters 
     expeditiously by fully cooperating with Secretary Baker and 
     the United Nations.


                                 haiti

       The conference agreement strikes language proposed by the 
     Senate earmarking not less than $500,000 for the Special 
     Investigative Unit (SIU) of the Haiti National Police and 
     providing that up to $250,000 may be made available to assist 
     orphanages in Haiti. The managers concur with the Senate that 
     a professional SIU, fully supported by its Government, is 
     essential to the rule of law in Haiti and that programs to 
     assist Haitian children in orphanages should be continued 
     under the current dire economic conditions in Haiti. No later 
     than 45 days after enactment of this Act, the Secretary of 
     State is requested to report to the Committees on the 
     proposed fiscal year allocation for these programs in Haiti.


                    palestinian-israeli cooperation

       The conferees recommend that $500,000 be made available to 
     support the Palestinian-Israeli Cooperation Program to 
     promote better understanding and mutual respect between 
     Israelis and Palestinians at a time when the Middle East 
     Peace process is threatened by violence and terrorist acts.

                     International Fund for Ireland

       The conference agreement appropriates $19,600,000 as 
     proposed by the House. The Senate amendment assumed funding 
     for this activity under the ``Economic Support Fund''.

          Assistance for Eastern Europe and the Baltic States

       The conference agreement appropriates $430,000,000 instead 
     of $450,000,000 as proposed by the House and $432,500,000 as 
     proposed by the Senate.
       The conference agreement includes House language deleted by 
     the Senate that prohibits funds from being used for new 
     housing construction or repair or reconstruction of existing 
     housing in Bosnia and Herzegovina unless directly related to 
     efforts of United States troops to promote peace in said 
     country.
       The agreement also includes House language that authorizes 
     the President to withhold funds made available for economic 
     revitalization for Bosnia and Herzegovina if he determines 
     and certifies to the Committees on Appropriations that the 
     Federation of Bosnia and Herzegovina is not in compliance 
     with the Dayton agreement regarding the removal of foreign 
     forces, and that intelligence cooperation on training, 
     investigations, and related activities between Iranian and 
     Bosnian officials has not been terminated. This matter was 
     not addressed in the Senate amendment.
       The conference agreement includes language limiting the 
     assistance for Bosnia and Herzegovina to $200,000,000. 
     However, this limitation does not extend to funds from other 
     accounts, as proposed by the Senate. The House bill 
     contained a funding limitation of $225,000,000 for this 
     purpose.
       The conference agreement reflects a reduction of 
     $12,500,000 associated with the proposal to initiate a new 
     foundation for central Europe. In addition, the conferees 
     endorse the House report language regarding a transfer of 
     funds to the National Endowment for Democracy pursuant to 
     section 632(a) of the Foreign Assistance Act.


                          Assistance to Latvia

       Latvian law enforcement officials have identified 
     transnational Russian organized crime groups with well-
     established ties to similar structures in neighboring 
     countries such as Russia, and disturbing links between 
     Russian criminal elements in Latvia and organized crime 
     groups in the U.S. and Western Europe. The Latvian government 
     and the Latvian State Police are committed to combating 
     organized crime, but they are handicapped by lack of money to 
     purchase necessary technical equipment needed to put the 
     police on an even par with better financed and equipped 
     criminal groups. The conferees support the provision of up to 
     $500,000 from this account or from ``International narcotics 
     control and law enforcement'', to be made available to the 
     Latvian State Police Organized Crime Bureau in order to 
     enable that body to purchase necessary technical equipment.

  Assistance for the New Independent States of the Former Soviet Union

       The conference agreement appropriates $801,000,000 instead 
     of $590,000,000 as proposed by the House and $740,000,000 as 
     proposed by the Senate. The conferees included language that 
     allows for the transfer of funds to the Export-Import Bank as 
     proposed by the Senate and a limitation on the percentage of 
     funds that may be allocated for any single country in the 
     region as proposed by the House.
       The Coordinator for Assistance to the New Independent 
     States is required by the conference agreement to inform the 
     Committees on Appropriations prior to any obligation of funds 
     to a national laboratory for nuclear safety activities if the 
     estimated management costs exceed 9 percent of the overall 
     cost of the activity.
       The conferees recognize the critical importance to Russia 
     and its relations with the United States of the 1999 Duma 
     elections and the year 2000 presidential election. It would 
     be beneficial to expose potential candidates in those 
     elections and other Russian leaders to American democratic 
     processes. The conferees are aware of Administration plans to 
     bring 120 regional and other emerging local leaders to the 
     United States during the period leading up to the elections. 
     While the conferees support this proposal, a bolder course of 
     action seems warranted. Therefore, the conferees recommend 
     that no fewer than 500 regional and local leaders be brought 
     to the United States. This goal could be achieved by 
     coordinating to the greatest extent possible with existing 
     interparliamentary exchanges and encouraging USIA to seek 
     greater private sector support to expand this program through 
     its International Visitor Program.
       The conferees are also aware of the growing lack of 
     resources available for orphanages in many areas of the 
     Russian Federation. In some regions orphanages lack necessary 
     medical facilities, housing, and vocational training. The 
     conferees support assistance to alleviate these problems, as 
     discussed under the heading ``Child Survival and Disease 
     Programs Fund''.


                              Russia-Iran

       The conference agreement continues the current 
     restrictions, as proposed by the House, on assistance to the 
     Government of Russia as long as Russian enterprises and 
     institutes continue to collaborate with Iran to increase 
     Iranian capability to develop and deploy nuclear and 
     ballistic missile technology. The Senate withheld all 
     funds for Russia and did not include a waiver provision. 
     The conferees concur with both Senate and House report 
     language on the seriousness of this matter, and agree that 
     partnerships between United States hospitals, 
     universities, and environmental organizations and 
     counterpart institutions in Russia should not be affected 
     by subsection (c).


                                Ukraine

       The conference agreement earmarks $195,000,000 for Ukraine 
     with the expectation that Ukraine will use its assistance to 
     support economic reform. The conferees have withheld 50 
     percent of the funding for Ukraine for 120 days pending a 
     report from the Secretary of State as proposed by the Senate. 
     At that time, the withheld money will be released if the 
     Secretary certifies that Ukraine has undertaken significant 
     economic reforms that are additional to those which were 
     undertaken in previous years. The economic reforms must 
     include effective enforcement of reformed commercial and tax 
     codes and continued progress on resolution of complaints by 
     U.S. investors. In the event that the Secretary's 
     certification cannot be made, the amount withheld from 
     Ukraine would be made available for other purposes within the 
     New Independent States instead of being returned to the 
     Treasury as proposed by the Senate.
       The conferees have exempted nuclear safety programs and law 
     enforcement activities

[[Page H11359]]

     from the withholding provision. The managers expect that not 
     less than $25,000,000 of the funds should be used to provide 
     simulators, training, and safety analysis reports, and safety 
     related equipment at nuclear reactors in Ukraine. Not less 
     than $1,000,000 of the nuclear reactor safety program is to 
     be used for personnel security initiatives at all nuclear 
     installations in Ukraine.


                        Southern Caucasus region

       The conference agreement provides for a Southern Caucasus 
     Region funding account as proposed by the House. The managers 
     seek to make the maximum use of American assistance as an 
     incentive for the regional parties to cooperate with the 
     Minsk Group and other international mediators seeking to 
     bring peace to the South Caucasus. The managers are convinced 
     that the ready availability of international reconstruction 
     aid, including the potential U.S. initial contribution 
     provided in this conference agreement, will encourage leaders 
     to make peace. The managers intend that emphasis be placed on 
     restoring transportation, telecommunications, and other 
     infrastructure that promotes regional economic integration.
       The conference agreement includes $228,000,000 for the 
     Southern Caucasus region. It includes specific funding 
     targets for three areas of United States national interest in 
     the region: (1) $39,900,000 is initially reserved for post-
     conflict assistance to the region and could be used as seed 
     money for a much larger international program of 
     reconstruction assistance; (2) the amount of $84,360,000 is 
     initially allocated for Georgia; and (3) the amount of 
     $79,900,000 is initially allocated for Armenia. If after May 
     30, 1999, the Secretary of State finds that the funds 
     reserved for regional reconstruction cannot be effectively 
     used, the unobligated balance could be redistributed within 
     the Southern Caucasus.
       The conferees intend that fiscal year 1999 funds made 
     available for the American University of Armenia endowment 
     shall be a one-time United States contribution and shall be 
     placed in a trust with the interest available for use by the 
     university. The conference agreement does not include 
     additional suballocations of funds provided for Armenia and 
     Georgia, as proposed by the Senate.
       The conferees agreed to provide five exemptions from the 
     statutory restrictions on assistance to the Government of 
     Azerbaijan, as proposed by the Senate, instead of three 
     exemptions and a broader humanitarian waiver as proposed by 
     the House.


                            Russian far east

       The conferees again note the importance of the Russian Far 
     East. The area continues to be recognized as vital to the 
     future development of the Russian Federation's economy. Its 
     rich natural resource base and proximity to the United States 
     has won it the attention of increasing numbers of 
     international industries and companies. However, attempts to 
     coordinate trade promotional efforts have not yet reached 
     their full potential.
       The conferees note the emerging work of the Regional 
     Investment Initiatives within the Russian Far East and look 
     forward to the establishment of the fiscal year 1998 
     Development Credit Authority programs within the region 
     during 1999. The role that these programs may play in this 
     region is significant and the conferees direct that these 
     programs be given priority by the relevant agencies.
       The conferees further direct that upon the establishment of 
     the Development Credit Authority, the funds available under 
     that program be used to stimulate joint ventures between 
     American firms with expertise in primary industries, 
     including natural resource development, telecommunications 
     and basic infrastructure, finance, and consumer goods. The 
     program should be designed to minimize risk to enable 
     American participation in light of the current economic 
     uncertainties in Russia.


                  East-west corridor and Turkmenistan

       The conferees recommend up to $10,000,000 from funding made 
     available under titles I and II to promote energy and 
     infrastructure development in Turkmenistan. The conferees 
     believe that the development of energy resources in the 
     Caspian Sea region is important to the economic development 
     of the countries involved, as well as regional stability. In 
     addition, the conferees believe that it is important to 
     facilitate the development of alternatives to a pipeline 
     through Iran and support an east-west energy corridor to 
     assist in developing the region's energy resources.


                                Mongolia

       The conference agreement retains authority for funds 
     provided under this heading to be used in Mongolia, a 
     struggling democracy. Because of Mongolia's many links with 
     the former Soviet Union and Central Europe, the conferees 
     encourage the use of common assistance mechanisms from those 
     regions. The amount provided for Mongolia from all accounts 
     should be at a level which is no less than the fiscal year 
     1998 obligation level, as proposed by the House, instead of 
     not less than $10,000,000 as proposed by the Senate. The more 
     flexible conference language allows the Administration to 
     respond to the rapidly changing climate for reform and 
     democracy in Mongolia.

                           Independent Agency

                              Peace Corps

       The conference agreement appropriates $240,000,000 instead 
     of $230,000,000 as proposed by the House and $221,000,000 as 
     proposed by the Senate.

                          Department of State

          International Narcotics Control and Law Enforcement

       The conference agreement appropriates $261,000,000 for 
     ``International Narcotics Control''. The House bill proposed 
     $275,000,000 for this account, while the Senate amendment 
     contained an appropriation of $222,000,000.
       The conference agreement provides sufficient funds to fully 
     fund programs for Bolivia, Peru, and Colombia. In addition, 
     up to $25,000,000 of funds under ``Development Assistance'' 
     may be used for agriculture and crop substitution programs in 
     those countries.
       The conference agreement includes language from the House 
     bill, not included by the Senate, that allows the State 
     Department to use section 608 of the Foreign Assistance Act, 
     without regard to its restrictions, to receive excess 
     property from an agency of the U.S. government for use in 
     a foreign country, subject to notification.
       The conference agreement does not contain Senate language 
     providing not less than $9,000,000 for law enforcement 
     training and demand reduction. The House bill did not address 
     this matter.
       The conference agreement includes language stating that no 
     funds may be made available to establish an International Law 
     Enforcement Academy for the Western Hemisphere outside of the 
     United States. In addition, the language states that the 
     academy should be established at the deBremond Training 
     Center in Roswell, New Mexico. The Senate amendment would 
     have mandated that the academy be established at this site. 
     The House bill did not address this matter.

                    Migration and Refugee Assistance

       The conference agreement appropriates $640,000,000 as 
     proposed by the House instead of $650,000,000 as proposed by 
     the Senate. The conference agreement also includes Senate 
     language, not in the House bill, that provides not less than 
     $70,000,000 for refugees from the former Soviet Union and 
     Eastern Europe and other refugees resettling in Israel.
       The conferees support the House report language regarding 
     assistance to Tibetan refugees.
       The managers are concerned by reports that textbooks and 
     curricula used by the United Nations Relief and Works Agency 
     for Palestine Refugees in the Near East (UNRWA) may contain 
     anti-Semitic material. The managers direct the Secretary of 
     State to submit a report to the Committees on Appropriations, 
     not later than 90 days after enactment of this Act, 
     specifying whether the content of the textbooks and curricula 
     used by UNRWA contains anti-Semitic material.

         United States Emergency and Migration Assistance Fund

       The conference agreement appropriates $30,000,000 as 
     proposed by the House instead of $20,000,000 as proposed by 
     the Senate.

    Nonproliferation, Anti-terrorism, Demining and Related Programs

       The conference agreement appropriates $198,000,000 for 
     ``Nonproliferation, Anti-Terrorism, Demining and Related 
     Programs'' instead of $170,000,000 as proposed by the Senate 
     and $152,000,000 as proposed by the House.


                          Demining Activities

       The conference agreement includes a provision proposed by 
     the Senate which provides that not less than $35,000,000 
     should be provided for humanitarian demining programs 
     administered by the Department of State, of which not to 
     exceed $500,000 may be used for related expenses. The 
     conferees strongly support programs to locate and remove 
     landmines and other unexploded ordnance, including mine 
     awareness and education, mapping and marking, and training of 
     deminers.
       The conferees are aware that the United States, Canada, the 
     United Nations, the UN Foundation, the Vietnam Veterans of 
     America Foundation, and others are preparing to launch 
     jointly landmine surveys in at least ten of the world's most 
     seriously mine-affected countries. This two-year effort, 
     which will plot the location and number of mines in each 
     country, should significantly advance the United States' 
     Demining 2010 Initiative. The conferees support this effort 
     and recommend a first year contribution of $3,500,000 in 
     fiscal year 1999 funds.


                                  KEDO

       The House bill included a general provision which 
     prohibited the use of funds for the Korean Peninsula Energy 
     Development Organization. The Senate included language which 
     provided up to $35,000,000, subject to a certification by the 
     President that certain specific conditions had been met. 
     Section 582 of the conference agreements deals with this 
     issue.


                      Nonproliferation Activities

       The conference agreement recommends $15,000,000 for the 
     Nonproliferation and Disarmament Fund. The conferees strongly 
     support the core nonproliferation activities of the NDF which 
     is designed to provide the Secretary of State with a flexible 
     funding source to respond to urgent, unanticipated 
     nonproliferation activities of immediate concern to the 
     United States.


                     Comprehensive Test Ban Treaty

       The conference agreement provides authority for a United 
     States contribution to the Comprehensive Test Ban Treaty 
     Preparatory Commission as proposed by the House and the 
     Senate. The conference agreement further provides that twenty 
     days prior to the of funds for this purpose, the Secretary of

[[Page H11360]]

     State shall inform the Committees on Appropriations of her 
     intent to obligate these funds. The conferees note that this 
     language is a not a reprogramming notification. However the 
     conferees understand and expect that the Administration will 
     treat this process, with respect to the Committees on 
     Appropriations, in the same manner as a reprogramming 
     notification. The Senate had proposed that the obligation of 
     funds for this purpose be made subject to the regular 
     notification procedures of the Committees on Appropriations.

                       Department of the Treasury

                           Debt Restructuring

       The conference agreement appropriates $33,000,000 instead 
     of $36,000,000 as proposed by the House and $25,000,000 as 
     proposed by the Senate.
       The conference agreement includes House language 
     authorizing concessional debt relief for sub-Saharan Africa; 
     providing authority of up to $2,900,000 for implementation of 
     the foreign credit reporting system; and specifying that sub-
     Saharan debt relief should be extended to ``IDA-only'' 
     countries. In addition, language has been included to 
     implement the debt swap provisions of section 808(a)(3) of 
     part V of the Foreign Assistance Act, as amended, which 
     involve no cost to the Treasury.

               International Affairs Technical Assistance

       The conference agreement appropriates $1,500,000 instead of 
     $3,000,000 as proposed by the Senate. The House bill did not 
     address this matter. The authorization for this program is 
     contained in section 589.

       United States Community Adjustment and Investment Program

       The conference agreement appropriates $10,000,000 for the 
     United States Community Adjustment and Investment Program 
     which is authorized by section 543 of the North American Free 
     Trade Agreement Implementation Act.

                     TITLE III--MILITARY ASSISTANCE

             International Military Education and Training

       The conference agreement appropriates $50,000,000 as 
     proposed by the House and the Senate.


                         School of the Americas

       The conference agreement includes language proposed by the 
     House which makes the obligation of funds under this heading 
     to support IMET training at the School of the Americas 
     contingent upon a certification by the Secretary of Defense 
     that the instruction and training provided by the School of 
     the Americas is fully consistent with training and doctrine, 
     particularly with respect to the observance of human rights, 
     provided by the Department of Defense to United States 
     military students at Department of Defense institutions whose 
     primary purpose is to train United States military personnel.
       The conference agreement includes a general provision (Sec. 
     577) requiring a detailed report to the Congress on all 
     military training provided to foreign military personnel 
     under programs administered by the Department of Defense and 
     the Department of State during fiscal years 1998 and 1999, 
     which would include training conducted at the School of the 
     Americas.


                        Guatemala and Indonesia

       The conference agreement includes language proposed by the 
     House which limits Indonesia and Guatemala to expanded IMET 
     only. The Senate proposed the same limitation for Guatemala 
     only. The conference agreement includes a provision proposed 
     by the House which would make the obligation of funds for 
     Guatemala subject to the regular notification procedures of 
     the Committees on Appropriations.


                               east timor

       The conferees continue to support a peaceful resolution of 
     the situation in East Timor. The conferees remain convinced 
     that human rights and democratic pluralism in Indonesia must 
     be awarded greater respect and protection by the Indonesian 
     Government and every effort must be made by the Government to 
     ensure that human rights abuses, torture, political 
     intimidation and harassment are completely curtailed not only 
     in East Timor, but throughout Indonesia. It is the conferees' 
     view that the current economic and political changes in 
     Indonesia offer a rare opportunity for the Government of 
     Indonesia to take bold and innovative steps to deal with the 
     East Timor issue. In this regard, the conferees support an 
     internationally supported referendum to determine a 
     comprehensive settlement of the political status of East 
     Timor.


                                Mongolia

       The conferees commend the Department of Defense for the 
     Department's implementation of the fiscal year 1998 IMET 
     program in Mongolia and urge continued support for this 
     important program in Mongolia, particularly in the expanded 
     IMET area.

           Foreign Military Financing Program (Grant Program)

       The conference agreement appropriates $3,330,000,000 
     instead of $3,322,910,000 as proposed by the Senate and 
     $3,335,910,000 as proposed by the House.


                            the middle east

       The conference agreement inserts earmarks for Israel and 
     Egypt which provide that not less than $1,860,000,000 shall 
     be available for grants only for Israel and not less than 
     $1,300,000,000 shall be available for grants only for Egypt.
       The conference agreement provides that not less than 
     $45,000,000 should be available for grants only for Jordan. 
     The conference agreement provides additional security support 
     for Jordan by directing the President to draw down not less 
     than $25,000,000 in defense equipment and services for 
     Jordan.


                                 israel

       The conferees have included specific bill language 
     increasing military assistance for Israel as a result of the 
     broad dialogue on Israel's aid levels initiated by Israeli 
     Prime Minister Netanyahu following his address to a joint 
     session of the Congress on July 10, 1996. As noted in the 
     section of the statement of managers entitled ``Israel'' 
     under the heading ``Economic Support Fund'', it is the 
     conferee's view that while Israel's economy has improved 
     significantly in recent years, the security situation in the 
     Middle East, particularly with respect to weapons of mass 
     destruction, has worsened. The conferees are extremely 
     concerned that Israel's technological military edge could 
     erode as a result of the unrestrained sales of advanced 
     military equipment, including nuclear and ballistic missile 
     technology, to Israel's potential adversaries by nations such 
     as Russia, China and North Korea. Media reports as recently 
     as the spring of this year suggest that Russia, China and 
     North Korea were the sources of dangerous weapons of mass 
     destruction transfers to the region. Therefore, the conferees 
     are convinced the United States must make every effort to 
     carry out its long-standing policy of ensuring that Israel's 
     technological edge is maintained. As a result, the conference 
     agreement provides an increase of $60,000,000 above the 
     President's request for Israel in fiscal year 1999. The 
     conferees also believe that a sustained military improvement 
     program will be required over the next decade, at an annual 
     incremental rate of approximately $60,000,000, to assist 
     Israel in responding to these emerging security challenges. 
     However, with respect to this recommended increase in 
     military assistance, the conferees must be very clear that 
     they cannot commit future Congresses to the future 
     appropriation of funds. Therefore, future increases in 
     military assistance will require the annual review of the 
     Congress and will necessarily be based upon an assessment of 
     the security situation at the time.
       The conferees also recommend that to the extent that the 
     Government of Israel requests that FMF grant funds for Israel 
     be used for such purposes, and as agreed by Israel and the 
     United States, funds may be made available for advanced 
     weapons systems of which not less than $490,000,000 shall be 
     available for the procurement in Israel of defense articles 
     and defense services, including research and development. 
     This represents a $15,000,000 increase over prior year levels 
     and reflects a recognition by the conferees of Israel's need 
     for increased flexibility in meeting the emerging security 
     challenges in the Middle East over the next decade.


                                 egypt

       The conference agreement recommends a total Foreign 
     Military Financing Program for Egypt of not less than 
     $1,300,000,000 in Foreign Military Financing grants. The 
     conferees fully appreciate Egypt's strategic location, its 
     immediate proximity to Libya and Sudan both of which actively 
     support international terrorism, its critical contribution 
     during the Gulf War in resisting Iraqi aggression, and its 
     essential role in the Middle East peace process. The 
     conferees are convinced that continued military 
     cooperation between Egypt and the United States remains in 
     the national security interests of both countries.
       The conferees also encourage the Government of Egypt to 
     give strong consideration to the purchase of an American 
     short range air defense system which is also being fielded by 
     Army National Guard units.


                                 jordan

       The conferees are convinced that Jordan is a critical ally 
     and friend of the United States in the Middle East with 
     significant security requirements. Jordan is also an 
     invaluable and constructive participant in the Middle East 
     peace process. The conferees strongly support this strategic 
     alliance and as a result direct the Administration to provide 
     not less than the full request of $45,000,000 for Jordan, as 
     well as direct the President to provide an additional 
     $25,000,000 drawdown of defense articles and services.


                                tunisia

       The conference agreement provides that not less than 
     $7,000,000 shall be made available for Tunisia, of which not 
     less than $5,000,000 shall be provided as a drawdown of 
     defense articles and services and shall count against the 
     overall earmark. The conferees note the strong relationship 
     which exists between Tunisia and the United States and 
     therefore urge the administration to review further the 
     military assistance program for Tunisia to determine if it 
     can be made more effective, particularly in the areas of 
     excess defense articles, IMET and FMF funds.


                 poland, hungary and the czech republic

       The conferees direct the Administration to provide not less 
     than $30,000,000 in funds made available for FMF grants and 
     FMF loans for Poland, Hungary, and the Czech Republic to 
     facilitate the integration of these nations into NATO. The 
     conferees remain convinced that this assistance is critical 
     and

[[Page H11361]]

     they reiterate Congress' commitment to assisting these 
     nations in their efforts to integrate fully into NATO and to 
     meet their new military and security obligations as NATO 
     members.


                           the baltic states

       In recognition of the continued strong relations which 
     exist between the Baltic states and the United States, the 
     conferees direct the administration to provide not less than 
     $15,300,000 for Estonia, Latvia and Lithuania. These funds 
     are provided to enhance programs aimed at improving the 
     military capabilities of these nations and to strengthen 
     their interoperability and standardization with NATO, 
     including the development of a regional airspace control 
     system. Given progress in economic reform and meeting 
     military guidelines for prospective NATO members, the 
     conferees continue to believe the Baltic States will make an 
     important contribution to enhancing stability and peace in 
     Europe and are strong candidates for NATO membership.
       The conference agreement retains House language which 
     provides that the obligation of funds for any non-NATO 
     country participating in the Partnership for Peace shall be 
     subject to notification.


                                georgia

       The conferees welcome the provision of increased Foreign 
     Military Financing assistance to the Government of Georgia in 
     fiscal year 1998 in order to support the transfer of UH-1H 
     helicopters to that country. The conferees believe sufficient 
     funds should be made available in fiscal year 1999 in order 
     to complete the transfer of the helicopters while not 
     negatively affecting the other identified priorities for the 
     United States FMF program in Georgia.


                                mongolia

       The conferees are concerned by problems facing the 
     government of Mongolia in maintaining and upgrading their 
     civilian and military air traffic control systems. Without 
     U.S. assistance the Mongolian government will be forced to 
     rely on Russia to supply spare parts to its aging Russian-
     origin systems. The conferees encourage the Department of 
     Defense to review means of assisting Mongolia in upgrading 
     its existing Soviet era air traffic control system.


                    enhanced peacekeeping initiative

       The conferees are concerned that the Administration was 
     unable to identify in its fiscal year 1999 Congressional 
     presentation unique activities for the future use of the 
     Enhanced Peacekeeping Initiative resources or potential 
     recipients, other than those already substantially supported 
     by the African Crisis Response Initiative. Justification 
     materials suggest the resources are to be made available for 
     U.N. standby arrangements, activities with little 
     congressional support. The conferees direct that none of 
     these funds shall be made available until the Department of 
     State provides a report to the Committees on Appropriations 
     detailing the Enhanced Peacekeeping Initiative's unique 
     functions and expected beneficiaries.

                            FMF Loan Program

       The conference agreement appropriates $20,000,000 as 
     proposed by the House and Senate for the subsidy cost of 
     direct loans. The conference agreement provides that these 
     funds are available to support not to exceed $167,000,000 in 
     direct loans as proposed by the House and the Senate.

                        Peacekeeping Operations

       The conference agreement provides $76,500,000 for 
     peacekeeping operations instead of $62,250,000 as proposed by 
     the House and $75,000,000 as proposed by the Senate. The 
     conference agreement deletes a provision proposed by the 
     Senate regarding the former Director General of the Sinai 
     Multilateral Force and Observers. The conferees expect that 
     the former Director General of the MFO will not be retained 
     in any capacity by the organization.


                   african crisis response initiative

       The conferees support the full fiscal year 1999 request for 
     the African Crisis Response Initiative. The conferees remain 
     convinced that these funds should be utilized to foster the 
     growth of democracy and the protection of human rights in 
     Africa and should not be directed to undemocratic governments 
     with a history of human rights abuses by their militaries.

               TITLE IV--MULTILATERAL ECONOMIC ASSISTANCE

                  International Financial Institutions

     Contribution to the International Bank for Reconstruction and 
                              Development

                      Global Environment Facility

       The conference agreement appropriates $192,500,000 
     $47,500,000 as proposed by the Senate instead of and 
     $42,500,000 as proposed by the House. All these funds are for 
     contributions previously due.

       Contribution to the International Development Association

       The conference agreement provides that no funds may be 
     obligated for the International Development Association until 
     the Comptroller General has been provided access to certain 
     records, as proposed by the Senate. Such obligation shall 
     also be subject to notification as proposed by the Senate.

               Contribution to the Asian Development Fund

       The conference agreement appropriates $210,000,000 for the 
     Asian Development Fund as proposed by the House instead of 
     $187,000,000 as proposed by the Senate. Of this amount, 
     $187,000,000 is for contributions previously due.
       The reduction from the Administration's request for the 
     Seventh Replenishment of the Fund was made solely for 
     budgetary reasons, and does not indicate any lack of 
     Congressional support for ADF VII.

              Contribution to the African Development Fund

       The conference agreement appropriates $128,000,000 for the 
     African Development Fund as proposed by the House instead of 
     $5,000,000 as proposed by the Senate. Of this amount, 
     $88,300,000 is for contributions previously due.

                International Organizations and Programs

       The conference agreement appropriates $187,000,000 instead 
     of $157,250,000 as proposed by the House and $170,000,000 as 
     proposed by the Senate.
       The conference agreement includes House language on the 
     United Nations Population Fund (UNFPA) that prohibits funding 
     for that organization. The Senate amendment did not address 
     this matter.
       The conference agreement includes language indicating that 
     $5,000,000 should be made available for the World Food 
     Program, but does not mandate a minimum funding level as 
     proposed in the Senate amendment. The House bill contained no 
     provision on this matter.
       The conference agreement contains Senate language 
     prohibiting the obligation of funds to the Climate 
     Stabilization Fund until 15 days after the State Department 
     provides a report detailing the number of Fund employees and 
     associated salaries and details on the 1998 and 1999 budget 
     for the Fund.
       The conferees strongly support the programs of the United 
     Nations Development Program and recognize the need to 
     preserve U.S. leadership in the organization through a strong 
     U.S. investment.

                      TITLE V--GENERAL PROVISIONS


Sec. 502. Prohibition of Bilateral Funding for International Financial 
                              Institutions

       The conference agreement deletes the words ``as amended'' 
     after ``Foreign Assistance Act of 1961,'' as proposed by the 
     Senate. This is a technical amendment.


       Sec. 512. Limitation on Assistance to Countries in Default

       The conference agreement includes waivers for Brazil and 
     Liberia from the requirements of section 620(q) of the 
     Foreign Assistance Act as proposed by the House. However, the 
     waiver exemption does not apply to the Democratic Republic of 
     Congo as proposed by the House. The Senate amendment had 
     deleted references to all three countries.


                     Sec. 514. Surplus Commodities

       The conference agreement includes language similar to that 
     of the Senate amendment that states the Secretary of the 
     Treasury should direct U.S. executive directors to 
     international financial institutions to use the voice and 
     vote of the United States to support the purchase of American 
     produced agricultural commodities. The House bill did not 
     address this issue.


                  Sec. 515. Notification Requirements

       The conference agreement makes ``Child Survival and Disease 
     Programs Fund'', as proposed by the House, subject to the 
     notification requirements of this section. The Senate 
     amendment had deleted the reference to this account and had 
     included the account ``Debt restructuring''.


    Sec. 516. Limitation of Availability of Funds for International 
                       Organizations and Programs

       The conference agreement includes Senate language that 
     amends section 307(a) of the Foreign Assistance Act to 
     include in the section's restrictions, at the discretion of 
     the President, Communist countries listed in section 620(f) 
     of that Act. The House bill contained a funding limitation on 
     this matter.


      Sec. 517. New Independent States of the Former Soviet Union

       This section includes routine language formerly included 
     under the heading ``Assistance to the New Independent States 
     of the Former Soviet Union''. The conference agreement 
     expands the current investment pre-conditions on assistance 
     to the Government of Russia to all governments in the region, 
     as proposed by the Senate. It also includes two technical 
     adjustments, as proposed by the Senate, relating to a 
     redundant reference to disaster assistance and to use of 
     interest earned by enterprise funds.


    Sec. 519. Excess Defense Articles for Central European Countries

       The conference agreement includes House language (that was 
     also in section 569 of the Senate amendment) that amends 
     section 105 of Public Law 104-164 by striking ``1996 and 
     1997'' and inserting ``1999 and 2000''.


              Sec. 520. Special Notification Requirements

       The conference agreement adds ``Honduras'' as proposed by 
     the House to the list of countries subject to the special 
     notification requirements of this section. Language from the 
     House bill that included ``Panama'' and ``Peru'' is not 
     incorporated in the conference agreement, nor is language 
     from the Senate amendment that included ``India''.


          Sec. 522. Child Survival, AIDS and Other Activities

       The conference agreement includes language extending the 
     authorities under this section to disease programs. The House 
     and

[[Page H11362]]

     Senate had similar language. In addition, the conference 
     agreement includes House language that provides that funds 
     appropriated under title II may be made available pursuant to 
     section 301 of the Foreign Assistance Act if a primary 
     purpose is child survival and related programs. The Senate 
     amendment did not address this matter.


                      Sec. 524. Reciprocal Leasing

       The conference agreement includes Senate language which 
     makes the authorities under this section operative for the 
     ``current fiscal year''. The House bill had referred 
     specifically to fiscal year 1999. This is a technical 
     amendment.


                      Sec. 527. Democracy in China

       The conference agreement contains House language providing 
     authority to utilize the Economic Support Fund to support 
     nongovernmental organizations located outside China to foster 
     democracy in China. The Senate included no such provision.
       Funds should support a broad range of internal and external 
     activities, including, but not limited to, dissident and 
     opposition programs, legislative reforms, and democratic 
     reform of village committee elections. Funding should also 
     include general support for foundations and nongovernmental 
     organizations as well as support for specific democracy 
     activities through nongovernmental organizations. The 
     conferees also support funding for the training and education 
     of Tibetans as proposed in the House report. The conferees 
     believe that this section will not preclude the ongoing 
     programs conducted by nongovernmental organizations in the 
     People's Republic of China. However, this provision is not 
     intended to be used to support the China Rule of Law program 
     as proposed in the budget request.


  Sec. 528. Prohibition on Bilateral Assistance to Terrorist Countries

       The conference agreement includes Senate language that 
     prohibits funds in this Act from being made available for any 
     country that the President determines grants sanctuary to a 
     terrorist individual or group or otherwise supports 
     international terrorism. The House bill did not address this 
     matter.


                      Sec. 533. Separate Accounts

       The conference agreement includes Senate language that 
     amends permanent law to clarify the treatment of separate 
     accounts for local currencies which are generated by grants 
     from the United States. The House bill waived current law.


     Sec. 537. Authorities for the Peace Corps, the Inter-American 
 Foundation, the African Development Foundation and the International 
                   Fund for Agricultural Development

       The conference agreement includes Senate language that 
     exempts the International Fund for Agricultural Development 
     (IFAD) from certain restrictions on the use of funds 
     contained in ``International Organizations and Programs'' in 
     this and prior Acts. The House bill did not address this 
     matter.


                 Sec. 539. Serbia-Montenegro and Kosova

       The conference agreement includes language that prohibits 
     the use of funds in this or any other Act from modifying or 
     removing any sanction, prohibition or requirement with 
     respect to Serbia-Montenegro unless the President submits to 
     the Congress a certification described below. The agreement 
     also includes language from section 594 of the Senate 
     amendment that requires the Secretary of the Treasury to 
     instruct executive directors of international financial 
     institutions to use the voice and vote of the United States 
     to oppose assistance to Serbia-Montenegro, unless such 
     certification is submitted.
       The required certification would state that: (1) there is 
     substantial improvement in the human rights situation in 
     Kosova; (2) international human rights observers are allowed 
     to return to Kosova; (3) Serbian, Serbian-Montenegrin federal 
     government officials, and representatives of the ethnic 
     Albanian community in Kosova have agreed on and begun 
     implementation of a negotiated settlement on the future 
     status of Kosova; and (4) Serbia-Montenegro is in full 
     compliance with the Dayton Accords, including the provisions 
     on war criminals.
       The President is provided the authority to waive the 
     restrictions of this section, in whole or in part, if he 
     certifies in writing that the waiver is necessary to meet 
     emergency humanitarian needs or to advance negotiations 
     toward a peaceful settlement of the conflict in Kosova that 
     is acceptable to the parties. In addition, Montenegro is 
     exempt from the restrictions of this section.
       The conference agreement contains language from both 
     sections 539 and 594 of the Senate amendment on Serbia-
     Montenegro. Both of those provisions would have mandated the 
     continuation of sanctions on Serbia-Montenegro, with 
     specified exemptions and certifications required before the 
     sanctions could be removed. The House bill did not address 
     this matter.


                     Sec. 540. Special Authorities

       The conference agreement includes House language exempting 
     funds under titles I and II for Montenegro from any other 
     provision of law, but does not include language in the House 
     bill that was deleted by the Senate exempting humanitarian 
     assistance for the peoples of Bosnia and Herzegovina and 
     Croatia from any other provision of law.
       The conference agreement includes Senate language that 
     makes funds available for tropical forestry activities 
     notwithstanding any other provision of law and, subject to 
     notification, energy programs aimed at reducing greenhouse 
     gas emissions. The House bill did not address these issues.
       The conference agreement includes language proposed by the 
     House in subsection (d) which enables the President to waive 
     section 1003 of Public Law 100-204, relating to prohibitions 
     regarding the Palestinian Liberation Organization, if the 
     President determines that it is important to the national 
     security interests of the United States.


   sec. 541. policy on terminating the arab league boycott of israel

       The conference agreement includes language proposed by the 
     House which deals with the decision in 1997 by the Arab 
     League to reinstate the boycott of Israel and encourages the 
     President to take certain specific steps in response to this 
     decision. The Senate amendment included similar language.


                  Sec. 542. anti-narcotics activities

       The conference agreement contains House language that 
     waives certain provisions of section 534 of the Foreign 
     Assistance Act to allow for administration of justice 
     programs in Latin America and the Caribbean. The Senate 
     amendment would have repealed the provisions that are waived 
     in the conference agreement.


                  sec. 543. eligibility for assistance

       The conference agreement includes Senate language regarding 
     exemptions from restrictions on certain assistance if carried 
     out by nongovernmental organizations from funds appropriated 
     under the heading ``Assistance for Eastern Europe and the 
     Baltic States''. The House bill did not address this matter.


            sec. 546. prohibition on publicity or propaganda

       The conference agreement includes language limiting to 
     $750,000 the amount that may be made available to carry out 
     the provisions of section 316 of Public Law 96-533 relating 
     to hunger and development education. The House bill included 
     a limitation of $950,000 for this purpose. The Senate bill 
     did not include a limitation.


       sec. 547. purchase of american-made equipment and products

       The conference agreement includes Senate language that 
     provides that federal agencies to the maximum extent 
     practicable use funds in this Act to purchase American 
     agricultural commodities. The House referred to American-made 
     goods and services, but did not include the additional 
     requirement of the Senate amendment.
       The Senate amendment included a provision requiring the 
     Secretary of the Treasury to report on the efforts of all 
     federal agencies and international financial institutions to 
     comply with the requirements of this section. The House bill 
     did not address this matter. The conferees direct that the 
     Office of Management and Budget prepare an annual report on 
     compliance with this section.


sec. 551. prohibition on assistance to foreign governments that export 
    lethal military equipment to countries supporting international 
                               terrorism.

       The conference agreement provides that the prohibition on 
     assistance applies with respect to a contract entered into 
     after ``October 1, 1997'' as proposed by the House instead of 
     ``after the date of enactment of this Act'' as provided by 
     the Senate.


                 sec. 554. war crime tribunals drawdown

       The conference agreement includes the Senate proposal to 
     increase the drawdown limitation from the House level of 
     $25,000,000 to $30,000,000. It also exempts the tribunals for 
     the former Yugoslavia and Rwanda from notification 
     procedures. The conference agreement includes language from 
     the Senate amendment that discusses the establishment of any 
     standing or permanent international criminal tribunal or 
     court, and states that the authorities provided herein do not 
     constitute an endorsement of such a tribunal or court.


                          sec. 555. landmines

       The conference agreement retains language proposed by the 
     House. The Senate amendment included a similar provision, 
     with additional language addressing United States policy 
     regarding the global landmine convention.


              sec. 558. equitable allocation of resources

       The conference agreement inserts language providing that 
     not more than 17 percent of the funds appropriated to carry 
     out the provisions of sections 103 through 106 and chapter 4 
     of part II of the Foreign Assistance Act that are made 
     available for Latin America and the Caribbean region may be 
     made available, through bilateral and regional programs, to 
     provide assistance to any one country in such region. The 
     House bill contained a limitation of 18 percent. The Senate 
     amendment did not address this matter.


              sec. 561. Limitation on Assistance to Haiti

       The conference agreement inserts a substitute provision 
     limiting assistance to the central Government of Haiti. The 
     House bill was similar to the Senate amendment, but the 
     conference substitute includes a waiver, as proposed by the 
     House, allowing the Secretary of State at any time after 150 
     days to waive certain limitations if one of the three 
     required major public entities has been completely 
     privatized.
       The conference agreement also includes ``civic groups'' 
     instead of ``grass roots civic organizations'' as proposed by 
     the Senate. The House bill made no provision for civic 
     groups. With respect to any Congressional

[[Page H11363]]

     notification relating to the development or support of civic 
     groups, the conferees intend that such funding will be 
     limited to groups that are engaged in activities to promote 
     or support a multiparty democratic process and institutions 
     in Haiti.
       The limitations on aid to the Government of Haiti in 
     subsection (a) do not apply to provision of urgent 
     humanitarian aid as proposed by the House, instead of all 
     humanitarian and education assistance as proposed by the 
     Senate.


                      sec. 564. Burma Labor Report

       The conference agreement contains Senate language, not 
     addressed in the House bill, that requires a report ninety 
     days after enactment on labor practices in Burma and 
     specifies the scope of the report. The conferees note that a 
     report required in the fiscal year 1998 Act that was due 90 
     days after enactment had not been transmitted by the time the 
     House and Senate took action on this Act for fiscal year 
     1999.


                            Sec. 565. Haiti

       The conference agreement includes Senate language that 
     provides authority for Haiti to purchase defense articles and 
     services. The House bill did not address this matter.


    Sec. 567. Limitation on Assistance to the Government of Croatia

       The conference agreement includes language proposed by the 
     House that bars use of funds made available to the Government 
     of Croatia in title II to relocate the remains of Croatian 
     Ustashe soldiers to the site of the World War II 
     concentration camp as Jasenovac, Croatia. The Senate 
     amendment did not address this matter.


         Sec. 568. Limitation on Assistance to Security Forces

       The conference agreement includes House language which 
     prohibits funds in this Act from being provided to any unit 
     of the security forces of a foreign country if the Secretary 
     of State has credible evidence that such unit has committed 
     gross violations of human rights, unless the Secretary 
     determines and reports to the Committees on Appropriations 
     that the government of such country is taking effective 
     measures to bring responsible members of the security forces 
     to justice. The language also provides that nothing in this 
     section shall be construed to withhold funds from any unit 
     not credibly alleged to be involved in gross violations of 
     human rights. In addition, if funds are withheld pursuant to 
     this section, the Secretary is directed to promptly provide 
     to the foreign government the basis for such action and 
     shall, to the maximum extent practicable, assist the foreign 
     government in taking effective measures to bring the 
     responsible members of the security forces to justice.
       By ``credible evidence'' the conferees do not intend that 
     the evidence must be admissible in a court of law. As in past 
     years, by ``taking effective measures to bring responsible 
     members of the security forces to justice'', the conferees 
     intend that the government carry out a credible investigation 
     and that the individuals involved face appropriate 
     disciplinary action or impartial prosecution in accordance 
     with local law.


 Sec. 569. Limitations on Transfer of Military Equipment to East Timor

       The conference agreement includes language proposed by the 
     House. The Senate amendment included nearly identical 
     language, deleting the language referring to Indonesia's 
     inherent right to self-defense which was included in the 
     House bill.


 Sec. 570. restrictions on assistance to countries providing sanctuary 
                       to indicted war criminals

       The conference agreement includes language prohibiting 
     bilateral assistance, and the support of the United States 
     for certain multilateral assistance, for countries and 
     entities not in compliance with the war crimes provisions of 
     the Dayton peace accords for the former Yugoslavia. The House 
     bill and the Senate amendment contained similar language.


 Sec. 571. additional requirements relating to stockpiling of defense 
                     articles for foreign countries

       The conference agreement includes language proposed by the 
     Senate which in subsection (a) amends section 514(b)(2)(A) of 
     the Foreign Assistance Act by authorizing additions to 
     defense stockpiles for foreign countries of $340,000,000 for 
     fiscal year 1999. Subsection (b) amends section 514(b)(2)(B) 
     of the same Act to authorize, for fiscal year 1999, not more 
     than $320,000,000 for stockpiles in the Republic of Korea and 
     not more than $20,000,000 for stockpiles in Thailand. The 
     House bill contained a similar provision on this matter.


 Sec. 572. To Prohibit Foreign Assistance to the Government of Russia 
    Should It Enact Laws Which Would Discriminate Against Minority 
               Religious Faiths in the Russian Federation

       The conference agreement includes language proposed by the 
     Senate. The House bill did not address this matter.


                   Sec. 573. Greenhouse Gas Emissions

       The conference agreement includes language requiring the 
     President to report on federal expenditures for climate and 
     global change programs and activities. The report is required 
     as part of the President's budget submission for the year 
     2000. The House bill and Senate amendment contained similar 
     language.
       In addition, funds made available to promote country 
     participation in the Kyoto Protocol to the Framework 
     Convention on Climate Change shall be subject to the regular 
     notification procedures of the Committees on Appropriations. 
     The House bill did not address this matter. The Senate 
     amendment would have extended the notification requirement to 
     climate change activities in the energy, industry, urban, and 
     land use sectors.
       The conferees understand that the intent of the remaining 
     notification requirement is not to prevent funding for these 
     activities, but rather to ensure that information requested 
     by the Committees relating to the use of these funds is 
     provided on a timely basis.


  Sec. 575. Aid to the Government of the Democratic Republic of Congo

       The conference agreement modifies House and Senate language 
     regarding assistance to the Democratic Republic of Congo. It 
     would prohibit assistance to the central government of the 
     Democratic Republic of Congo until the President reports that 
     said government is: (1) investigating and prosecuting those 
     responsible for human rights violations committed in the 
     Democratic Republic of Congo; and (2) implementing a credible 
     democratic transition program. The restrictions of this 
     section would not apply to assistance to promote democracy 
     and the rule of law as part of a plan to implement a credible 
     democratic transition program.


                Sec. 576. Assistance for the Middle East

       The conference agreement includes House language that 
     provides for a total ceiling on bilateral assistance from 
     specified accounts for assistance for the Middle East of 
     $5,402,850,000, but allows for a national security waiver of 
     the cap. The Senate amendment did not address this matter.


                 Sec. 577. Enterprise Fund Restrictions

       The conference agreement includes House language that 
     requires that, prior to the distribution of any assets 
     resulting from any liquidation, dissolution, or winding up of 
     an Enterprise Fund, in whole or in part, the President shall 
     submit a plan for the distribution of the assets of the 
     Enterprise Fund to the Committees on Appropriations in 
     accordance with regular notification procedures. The Senate 
     amendment did not address this matter.


                           Sec. 578. Cambodia

       The conference agreement includes House language stating 
     the Secretary of the Treasury should instruct the United 
     States executive directors of international financial 
     institutions to use the voice and vote of the United States 
     to oppose loans to the Government of Cambodia. That portion 
     of the House language that restricts bilateral assistance is 
     addressed under title II.


            sec. 580. authorization for population planning

       The conference agreement includes language that provides a 
     limitation of $385,000,000 from funds appropriated in title 
     II of this Act for population planning activities or other 
     population assistance. In addition, such funds may be 
     apportioned only on a monthly basis at a rate of not to 
     exceed 8.34 percent per month. The House bill contained the 
     first provision. The Senate amendment contained language 
     under ``Development Assistance'' that provided for not less 
     than $435,000,000 for such activities.


  Sec. 581. Report on All United States Military Training Provided to 
                       Foreign Military Personnel

       The conference agreement includes language proposed by the 
     House and Senate, modified to apply the requirement for a 
     joint Secretary of State and Secretary of Defense report on 
     all military training provided to U.S. military personnel 
     under programs administered by the Department of Defense and 
     the Department of State during 1998 and 1999. The report is 
     to be delivered to the Committees on Appropriations, the 
     Foreign Relations Committee of the Senate, and the 
     International Relations Committee of the House by January 31, 
     1999.


       Sec. 582. Korean Peninsula Energy Development Organization

       The conference agreement provides that not to exceed 
     $35,000,000 of the funds made available under the heading 
     ``Nonproliferation, Anti-terrorism, Demining and Related 
     Programs'' may be available for the Korean Peninsula Energy 
     Development Organization (KEDO), notwithstanding any other 
     provision of law, only for the administrative expenses and 
     heavy fuel oil costs associated with the Agreed Framework. 
     The House bill prohibited funding to KEDO and the Senate 
     amendment provided $35,000,000 subject to presidential 
     certification.
       The conference agreement provides that none of these funds 
     may be made available until March 1, 1999.
       The conference agreement further provides that of the funds 
     made available for KEDO , up to $15,000,000 may be made 
     available prior to June 1, 1999, if, thirty days prior to 
     such obligation of funds, the President certifies and so 
     reports to Congress that:
       (1) the parties to the Agreed Framework have taken and 
     continue to take demonstrable steps to assure that progress 
     is made on the implementation of the January 1, 1992, Joint 
     Declaration on the Denuclearization of the Korean Peninsula, 
     progress is being made on the implementation of the North-
     South dialogue, and North Korea is complying with all 
     provisions of the Agreed Framework and with the Confidential 
     Minute between North Korea and the United States;
       (2) North Korea is cooperating fully in the canning and 
     safe storage of all spent fuel

[[Page H11364]]

     from its graphite-moderated nuclear reactors;
       (3) North Korea has not significantly diverted assistance 
     provided by the United States for purposes for which it was 
     not intended; and
       (4) The United States is fully engaged in efforts to impede 
     North Korea's development and export of ballistic missiles
       The conference agreement also provides that of the funds 
     made available for KEDO, up to $20,000,000 may be made 
     available on or after June 1, 1999, if, thirty days prior to 
     such obligation of funds, the President certifies and so 
     reports to Congress that:
       (1) The United States has initiated meaningful discussions 
     with North Korea on implementation of the Joint Declaration 
     on the Denuclearization of Korean Peninsula;
       (2) The United States has reached agreement with North 
     Korea on the means for satisfying United States concerns 
     regarding suspect underground construction; and,
       (3) The United States is making significant progress in 
     negotiations with North Korea on reducing and eliminating the 
     North Korean ballistic missile threat, including its 
     ballistic missile exports.
       The President may waive the certification requirements of 
     subsections (b) and (c) if the President determines that it 
     is vital to the national security interests of the United 
     States and provides written policy justification to the 
     appropriate congressional committees prior to his exercise of 
     such waiver. The conference agreement also provides that no 
     funds may be obligated for KEDO until 30 days after 
     submission to Congress of such waiver.
       The conferees agree that a very senior presidential envoy 
     is now necessary to help restore confidence in the 
     Administration's North Korea policy, as well to engage the 
     North Korean government at the most senior levels. Therefore, 
     the conference agreement provides that no later than January 
     1, 1999, the President shall name a ``North Korea Policy 
     Coordinator`', who shall conduct a full and complete 
     interagency review of United States policy toward North 
     Korea, shall provide policy direction for negotiations with 
     North Korea related to nuclear weapons, ballistic missiles, 
     and other security related issues, and shall also provide 
     leadership for United States participation in KEDO.
       In addition, the conference agreement requires the 
     Secretary of State to submit to the appropriate congressional 
     committees an annual report providing a full and detailed 
     accounting of the fiscal year request for the United States 
     contribution to KEDO as well as other important financial 
     aspects of KEDO activities.
       The conference agreement also provides that the Secretary 
     of Defense shall submit to the appropriate congressional 
     committees an annual report on the degree to which KEDO's 
     mission and the Agreed Framework continue to promote 
     important United States national security interests, 
     contribute to delaying North Korean indigenous development of 
     nuclear weapons-related technology, and contribute to a 
     reduction of tensions on the Korean Peninsula.


   Sec. 583. National Advisory Council on International Monetary and 
                           Financial Policies

       The conference agreement includes Senate language that 
     waives current law affecting the annual report required by 
     section 1701(a) of the International Financial Institutions 
     Act that mandates certain issues to be addressed in that 
     report. It also waives the requirements of various laws 
     governing the contents of said report.


  Sec. 584. Prohibition on Assistance to the Palestinian Broadcasting 
                              Corporation

       The conference agreement includes language proposed by the 
     Senate that prohibits assistance to the Palestinian 
     Broadcasting Corporation. The reference in the Senate 
     provision to ``training'' and ``any similar organization'' 
     was deleted.


  Sec. 585. Report on Iraqi Development of Weapons of Mass Destruction

       The conference agreement contains language similar to that 
     in the Senate amendment that expresses the sense of the 
     Congress regarding the need for the United Nations to 
     maintain vigorous inspection within Iraq and requiring a 
     report by the President assessing Iraq's nuclear and other 
     weapons of mass destruction programs. The House bill did not 
     address this matter.


               Sec. 586. Sense of Congress Regarding Iran

       The conference agreement includes Senate language 
     expressing the Sense of the Congress regarding United States 
     policy toward Iran. The House bill did not address this 
     matter.


                    Sec. 587. AID Office of Security

       The conference agreement includes language similar to that 
     proposed by the Senate that transfers security functions at 
     the Agency for International Development from the Office of 
     Inspector General to a new Office of Security reporting to 
     the Administrator. The House bill did not address this 
     matter. The conferees expect funds made available to this 
     office through the Office of Inspector General will be made 
     available to the account for the operating expenses of the 
     Agency for International Development, and that the head of 
     the new office will report directly to the Administrator.


Sec. 588. Sense of Congress Regarding Ballistic Missile Development by 
                              North Korea

       The conference agreement includes Senate language that 
     expresses the Sense of the Congress that North Korea should 
     be forcefully condemned for its recent missile test and that 
     certain actions should be taken by the United States, 
     including acceleration of cooperative theater missile defense 
     programs with Japan.


         Sec. 589. Technical Assistance to Foreign Governments

       The conference agreement includes language that amends the 
     Foreign Assistance Act of 1961 to authorize the Department of 
     the Treasury to establish and operate a technical assistance 
     program overseas with developing and transitional countries. 
     Funding for this program is contained under title II.


                       Sec. 590. Iraq Opposition

       The conference agreement includes a provision proposed by 
     the Senate that, notwithstanding any other provision of law, 
     of the funds made available in this Act and any prior Acts 
     making appropriations for foreign operations, not less than 
     $8,000,000 shall be made available for assistance to the 
     Iraqi democratic opposition. Of this amount, not less than 
     $3,000,000 should be made available as a grant for the Iraqi 
     National Congress.
       The conferees also direct the Administration to provide not 
     less than $3,000,000 as a grant to the Iraqi Campaign to 
     Indict Iraqi War Criminals to be used to compile information 
     to support the indictment of Iraqi officials for war crimes. 
     The conferees direct the Administration to provide not less 
     than $2,000,000 for the conduct of activities by the Iraqi 
     democratic opposition inside Iraq. The conferees also direct 
     the Secretary of State to submit a detailed report to the 
     Committees on Appropriations thirty days after the enactment 
     of this Act on the implementation of these activities.


               sec. 591. national commission on terrorism

       The conference agreement includes a provision proposed by 
     the House establishing a 10 member National Commission on 
     Terrorism to review national counterterrorism policies and 
     make recommendations to the Congress and the President on 
     combating international terrorism. The Commission will 
     consist of experts in the field of terrorism and may include 
     members of Congress. Three members will be appointed by the 
     Speaker, three by the Senate Majority Leader, two by the 
     Minority Leader in the House, and two by the Minority Leader 
     in the Senate. The Commission will issue its final report 
     within six months of its initial meeting.
       Members of this Commission will require appropriate 
     security clearances to carry out the duties of the Commission 
     and the conferees encourage the executive branch to consider 
     Commission requests for security clearances on a priority 
     basis and in a manner fully consistent with all national 
     security requirements.


                sec. 592. special authorities amendment

       The conference agreement modifies language proposed by the 
     House and provides that the authority of section 614 of the 
     Foreign Assistance Act of 1961, as amended, may not be used 
     during fiscal year 1999 for the Korean Peninsula Energy 
     Development Organization to authorize the use of more than 
     $35,000,000 of funds made available for the use under the Act 
     or the Arms Export Control Act. Language in the House bill 
     that would have repealed section 451 of the Foreign 
     Assistance Act is not included. The Senate amendment did not 
     address this matter.
       The conferees remind the Administration that the section 
     614 waiver authority is an exceptional provision of law 
     provided to the Administration to enable the President, after 
     prior consultation with the Congress, to waive certain 
     provisions of law because of unexpected contingencies. For 
     some time, the conferees have been concerned by the overuse 
     of this authority. More recently, the conferees are extremely 
     concerned by the administration's use of the 614 provision to 
     waive certain provisions of law over the strong formal 
     objections of two committees of the House and Senate.
       The conferees believe the extraordinary 614 waiver should 
     only be utilized when both Congress and the President agree 
     that the application of a specific provision of law, because 
     of unusual or unanticipated circumstances, would be contrary 
     to the national security interests of the United States. 
     However, when any one of the four relevant committees 
     formally expresses its written opposition to the use of the 
     614 waiver, then the President should not proceed further 
     unless the President is able to convince an objecting 
     committee to withdraw its objection.
       The conferees would note that in 1974 this section of law 
     was nearly repealed at the request of Senator Symington who 
     stated at the time that ``Congress has given Presidents 
     entirely too much power to use its foreign aid funds. Repeal 
     of section 614 will be a significant step toward restoring 
     Congress' power over the foreign aid purse-strings.'' The 
     conferees have not taken that step this year, but the failure 
     of the President to respect the consensual nature of this 
     special authority could jeopardize the availability of 
     section 614 in future years.


  sec. 593. support for peaceful economic and political transition in 
                               indonesia

       The conference agreement includes language expressing 
     support for a peaceful economic and political transition in 
     Indonesia that is derived from provisions contained in 
     sections 584 and 585 of the Senate amendment. The House bill 
     did not address this matter.

[[Page H11365]]

       The conferees support an expansion of current efforts by 
     the Administration to contribute to humanitarian, economic 
     and political programs which will help restore stability and 
     economic growth in Indonesia. The conferees have increased 
     U.S. assistance under title II and note the need to 
     support efforts which offer humanitarian relief, 
     accelerate political institution building, strengthen the 
     rule of law, reform the financial and banking sectors and 
     protect human rights particularly of ethnic Chinese. The 
     conferees are concerned by continued reports of ethnic 
     violence targeting the Indonesian Chinese community and 
     urge the Government of Indonesia to take all necessary 
     actions to investigate abuses and attacks and prevent 
     further violence.
       The conferees direct the Administrator of the Agency for 
     International Development to submit a report within forty-
     five days evaluating the food, medical and related needs of 
     Indonesia and proposed Administration plans to assist in 
     meeting those requirements.


                sec. 594. notifications on defense sales

       The conference agreement includes language proposed by the 
     Senate which requires prior notification of certain sales of 
     defense articles and services when the prospective recipient 
     government is identified in section 521, or is ineligible, in 
     whole or in part, to receive military assistance. The 
     conferees' intent is to ensure that any such sales be 
     consistent with the Congress' intent in limiting assistance 
     to such governments.


  sec. 595. sense of congress concerning the murder of four american 
                       churchwomen in el salvador

       The conference agreement includes Senate language 
     expressing the Sense of Congress regarding the murder of four 
     American churchwomen in El Salvador. The House bill did not 
     address this matter.


 sec. 596. sense of congress regarding the trial in the netherlands of 
       the suspects indicted in the bombing of pan am flight 103

       The conference agreement includes Senate language 
     expressing the Sense of Congress regarding the trial in the 
     Netherlands of the suspects indicted in the bombing of Pan Am 
     Flight 103. The House bill did not address this matter.


sec. 597. sense of the congress regarding international cooperation in 
 recovering children abducted in the united states and taken to other 
                               countries

       The conference agreement includes Senate language 
     expressing the Sense of the Congress regarding international 
     cooperation in recovering children abducted in the United 
     States and taken to other countries. The House bill did not 
     address this matter.

                PROVISIONS NOT ADOPTED BY THE CONFEREES


                      north korea narcotics report

       The conference agreement does not include language from the 
     Senate amendment that required an annual report on the 
     cultivation, production, and transshipment of opium by North 
     Korea, as well as a report not later than 3 months after the 
     date of enactment of this Act. The House bill did not address 
     this matter.
       The conferees direct the President to include in the annual 
     International Control Strategy Report required by section 489 
     of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(h)) 
     information regarding the cultivation, production, and 
     transshipment of opium by North Korea. The report shall be 
     based upon all available information.


                  Publication of Certain Notification

       The conference agreement deletes a Senate provision 
     amending section 516(f) of the Foreign Assistance Act to 
     require publication in the Federal Register of the notices 
     required by the subsection relating to transfers of excess 
     defense articles.
       The conferees understand that in fiscal year 1999 the 
     Defense Security Assistance Agency plans to post this same 
     information on its internet Web page so it will be easily 
     accessible to the general public. The conferees direct DSAA 
     to provide the Committees on Appropriations with a progress 
     report on this matter by April 1, 1999.


          Sanctions Against Countries Harboring War Criminals

       The conference agreement does not include House language 
     deleted by the Senate that authorized the President to 
     withhold funds for countries harboring war criminals as 
     described in this section. The issue of war criminals in the 
     former Yugoslavia is addressed in section 570.


foreign organizations that perform or promote abortion overseas; forced 
               abortion in the people's republic of china

       The conference agreement does not include language from 
     section 518A of the House bill regarding this matter. The 
     conference agreement does not include language from section 
     519 of the Senate amendment, regarding eligibility of 
     assistance for funds made available pursuant to section 104 
     of the Foreign Assistance Act.


            Reimbursement Requirements for Foreign Students

       The conference agreement does not include Senate language 
     that would have amended section 214 of the Immigration and 
     Nationality Act to allow for a waiver of certain limitations 
     on the ability of an alien to study at a public school. The 
     House bill did not address this matter.


                    Economic Support Fund for Israel

       The conference agreement deletes Senate language which 
     declared that, subject to the availability of appropriations, 
     it is the policy of the United States that the annual 
     appropriations for ESF for Israel shall not be less than the 
     annual debt repayment of Israel to the United States. The 
     conferees note that this provision is no longer necessary in 
     light of the recent agreement between the Government of 
     Israel and the Administration and the Congress to begin a 
     phased ten year reduction in Israel's economic assistance.


Sense of the Senate Regarding United States Citizens Held in Prison in 
                                  Peru

       The conference agreement does not include language that 
     expressed the Sense of the Senate regarding U.S. citizens 
     being held in prison in Peru. The House bill did not address 
     this matter.


                   Trafficking in Women and Children

       The conference agreement does not include Senate language 
     that would have required the Secretary of State, in 
     consultation with the Attorney General, to develop training 
     for consular officers on the international trafficking in 
     women and children and to develop and disseminate to aliens 
     seeking to obtain visas written materials describing the 
     potential risks of trafficking. The House bill did not 
     contain a provision on this matter.


                   Development Assistance in Nigeria

       The conference agreement does not include language proposed 
     by the Senate that made a number of findings on the need for 
     development assistance in Nigeria; recommended a new strategy 
     for such assistance; and required a report on such strategy. 
     The House bill did not address this matter.


               Counterterrorism Cooperation Certification

       The conference agreement does not include language proposed 
     by the Senate to amend section 40A of the Arms Export Control 
     Act with respect to counterterrorism cooperation by other 
     nations. This extensive legislation properly belongs in the 
     jurisdiction of the appropriate authorization committees in 
     the House and the Senate.


               Equality for Israel in the United Nations

       The conference agreement did not include a provision 
     proposed by the Senate expressing the Sense of the Congress 
     regarding efforts by the United States to promote full 
     equality for Israel at the United Nations. The conferees 
     strongly support Israel's full acceptance into the Western 
     Europe and Others Group (WEOG) regional bloc. The conferees 
     therefore direct the Secretary of State, not later than 60 
     days after the date of enactment of this Act, to submit a 
     report to the appropriate committees which includes the 
     following information in a classified or unclassified form as 
     necessary: (a) actions taken by representatives of the United 
     States to encourage the nations of WEOG to accept Israel into 
     their regional bloc; (b) efforts undertaken by the Secretary 
     General of the United Nations to secure Israel's full and 
     equal participation in that body; (c) specific responses by 
     WEOG nations on their position concerning Israel's acceptance 
     into WEOG; and (d) other measures being undertaken, and which 
     will be undertaken, to ensure and promote Israel's full and 
     equal participation in the United Nations.


   Funding for the Comprehensive Nuclear Test Ban Treaty Preparatory 
                               Commission

       The conference agreement does not include a provision 
     proposed by the Senate earmarking $28,900,000 for the 
     Comprehensive Nuclear Test Ban Treaty Preparatory Commission 
     and making the availability of these funds subject to the 
     regular notification procedures of the Committees on 
     Appropriations. This matter was addressed in title II of this 
     Act under the heading ``Nonproliferation, Anti-Terrorism, 
     Demining and Related Programs.''


   Joint United States-Canada Commission on Cattle, Beef, and Dairy 
                                Products

       The conference agreement does not contain language from the 
     Senate amendment that was not in the House bill that would 
     have established a United States-Canada Commission on Cattle, 
     Beef, and Dairy Products. This matter should be addressed by 
     the committee of jurisdiction.


Sense of the Senate Concerning the Operation of Agricultural Commodity 
                      Foreign Assistance Programs

       The conference agreement does not contain language from the 
     Senate amendment that was not in the House bill expressing 
     the Sense of the Senate on agricultural commodity foreign 
     assistance programs.


 Funding for the Claiborne Pell Institute for International Relations 
                           and Public Policy

       The conference agreement does not contain Senate language 
     that required not to exceed $750,000 in prior year funds to 
     be made available for the Claiborne Pell Institute for 
     International Relations and Public Policy at Salve Regina 
     University. The House bill did not address this matter.
       However, the conferees request that the State Department 
     and the Agency for International Development provide up to 
     $1,500,000 of such funds for this purpose.


  Sense of the Senate Regarding the Development by the International 
       Telecommunications Union of World Standards for Wireless 
                      Telecommunications Services

       The conference agreement does not contain language from the 
     Senate amendment that was not in the House bill expressing 
     the

[[Page H11366]]

     Sense of the Senate regarding development of wireless 
     telecommunications services by the International 
     Telecommunications Union.


                   Assistance for Sub-Saharan Africa

       The conference agreement does not contain language from 
     title VII of the Senate amendment that was not in the House 
     bill which would have authorized an African Food Security 
     Initiative to be administered by the Agency for International 
     Development.

         TITLE VI--INTERNATIONAL FINANCIAL PROGRAMS AND REFORM

                  Funds Appropriated to the President

                    International Monetary Programs


         united states quota in the international monetary fund

       The conference agreement appropriates the dollar equivalent 
     of 10,622,500,000 Special Drawing Rights (estimated at the 
     time of the request to be $14,500,000,000) as proposed by the 
     Senate. The House bill did not address this matter.


  loans to the international monetary fund--new arrangements to borrow

       Both the House bill and the Senate amendment appropriated 
     the dollar equivalent of 2,462,000,000 Special Drawing Rights 
     (estimated at the time of the request to be $3,361,000,000) 
     for the proposed New Arrangements to Borrow, a supplemental 
     source of funding for the International Monetary Fund. The 
     conference agreement reflects House language instead of the 
     similar Senate amendment. This is a technical difference.

                     General Provisions--This Title


    sec. 601. conditions for the use of appropriated funds for the 
                      international monetary fund

       The conference agreement inserts a substitute that contains 
     elements proposed by both the House and the Senate, including 
     a requirement that prior to the obligation of any funds 
     appropriated in this title for the International Monetary 
     Fund, the Secretary of the Treasury must inform Congress that 
     the major shareholders of the Fund have publicly agreed to 
     certain conditions. The conference substitute requires that 
     the Chairman of the Board of Governors of the Federal Reserve 
     System jointly notify the appropriate committees of Congress 
     when these conditions have been met, as proposed by the 
     House. The Senate would have required a certification by the 
     Secretary of the Treasury alone. The conference agreement 
     also requires the major shareholders to ``act to implement'' 
     certain policies, instead of seek to implement, as proposed 
     by the Senate.
       The conference agreement includes 4 conditions that must be 
     met prior to the appropriated funds being made available to 
     the IMF, all of which were included in similar form in the 
     House or the Senate amendment,


                 policy reforms in borrowing countries

       The first condition requires that Fund arrangements with 
     borrowing countries, in addition to appropriate monetary 
     policy conditions, provide a schedule for: (a) reducing 
     restrictions on trade in goods and services; (b) eliminating 
     the systemic practice of government directed lending on non-
     commercial terms; and (c) providing a legal basis for 
     nondiscriminatory treatment between domestic and foreign 
     creditors in bankruptcy proceedings.


                        transparency in the imf

       The second and third conditions seek to accelerate the 
     efforts by management to increase transparency within the 
     International Monetary Fund. A full written summary of most 
     meetings of the Fund's Executive Board would be made public 
     within 3 months, with certain information redated. Within 3 
     months of discussion by the Board, specified Fund documents 
     would be made available, with certain information redacted, 
     as a matter of Fund policy. It should be noted that many of 
     these documents have been made public voluntarily by Fund 
     members within the past year.


                 interest rates and repayment schedules

       The fourth condition applies to a growing percentage of 
     recent Fund loan arrangements that are made when a country is 
     experiencing balance of payments difficulties resulting from 
     a sudden and disruptive loss of market confidence. Such short 
     term financing needs, as opposed to longer term structural 
     challenges, will be charged a premium above traditional 
     fund interest charges, not less than 300 basis points 
     above the average of the market-based short-term cost of 
     financing of the Fund's major shareholders. Such loans 
     must be repaid within 1 to 2\1/2\ years of disbursement.


Sec. 602 Reports on Financial Stabilization Programs in the Republic of 
                                 Korea

       The conference agreement contains the key provisions of 
     section 606 of the Senate amendment relating to use of Fund 
     resources to assist the semiconductor, steel, automobile, 
     shipbuilding, and textile and apparel industries. The 
     conference substitute requires the United States Executive 
     Director at the Fund to oppose further disbursements in the 
     absence of current certifications by the Secretary of the 
     Treasury. Other changes from the Senate language include: 
     narrowing the application of the section from its prior 
     global application to the country of greatest concern, the 
     Republic of Korea; use of the term ``financial assistance'' 
     in lieu of the term ``support'' in the first condition; and 
     deletion of the Department of Commerce trade data team 
     provision.
       This section addresses specific practices initiated under 
     previous governments of the Republic of Korea. The conferees 
     seek the rapid recovery of the Korean economy and a speedy 
     end to the hardships endured by many people in Korea. There 
     is no intent to diminish in any way the long-standing ties of 
     friendship and blood that link the peoples of the Republic of 
     Korea and the United States.


                     Sec. 603. Advisory Commission

       The conference agreement provides for the establishment of 
     a temporary International Financial Institution Advisory 
     Commission, as proposed by both the Senate and the House. The 
     conference substitute requires the Secretary of Treasury to 
     establish a commission composed of 11 members meeting 
     specified qualifications to be appointed by Congress. The 
     members shall meet with the Secretary and Deputy Secretary of 
     the Treasury, hold hearings, and examine other matters 
     relevant to its mandate. The Commission is to advise and 
     report within 6 months of its appointment to Congress and the 
     Secretary of the Treasury on the future role and 
     responsibilities of the international financial institutions, 
     the World Trade Organization, and the Bank for International 
     Settlements. Following receipt of the Commission's report, 
     the Executive branch is required to report to Congress on the 
     steps taken, if any, to implement the recommendations of the 
     Commission. The separate, 2-year Advisory Committee on the 
     International Monetary Fund is discussed under Section 610.


               Sec. 604. International Advisory Committee

       As proposed by the House, the conference agreement includes 
     a requirement that the Secretary of the Treasury instruct the 
     U.S. Executive Director at the Fund to seek the establishment 
     of a permanent advisory committee to the Interim Committee of 
     the Fund. The new advisory committee would consist of elected 
     members of national legislatures, and have the same access to 
     Fund documents as is afforded to Executive Board members. The 
     Senate did not address this matter.


 Sec. 605. Strengthening Procedures for Monitoring Use of IMF Resources

       The conference agreement includes an original provision 
     intended to strengthen Fund procedures for tracing the use of 
     Fund resources and ensuring that they are used in a manner 
     consistent with the agreement between the Fund and a 
     borrowing country. A report on progress toward achieving the 
     objectives of this section is required within 6 months, and 
     Congress is authorized access, through the U.S. Executive 
     Director, to certain data from the Fund. In addition, reports 
     on the implementation of section 601(4) are required on a 
     quarterly basis.


Sec. 606. Progress Reports to Congress on United States Initiatives to 
      Update the Architecture of the International Monetary System

       The conference agreement includes a Senate provision 
     requiring reports by the Secretary of the Treasury not later 
     than July 1999 and July 2000 on the progress of efforts to 
     reform the architecture of the international monetary system. 
     The Home bill included a dissimilar provision requiring 
     reports on reform of the architecture of the international 
     financial system.


                         Sec. 607. Definitions

       The conference agreement includes a House provision 
     defining the term ``appropriate committees'' to include the 
     Committees on Appropriations, Foreign Relations, and Banking, 
     Housing, and Urban Affairs of the Senate and the Committees 
     on Appropriations and Banking and Financial Services of the 
     House of Representatives. The conference agreement does not 
     include the Committee on Finance as proposed by the Senate.


               Sec. 608. Participation in Quota Increase

       The conference agreement includes language amending the 
     Bretton Woods Agreements Act, as proposed by the House, to 
     grant the Secretary of the Treasury legal authority to sign 
     the necessary legal documents that enable the IMF quota 
     increase to become effective. The Senate did not address this 
     matter.


                  Sec. 609. New Arrangements to Borrow

       The conference agreement includes House language amending 
     the Bretton Woods Agreements Act to incorporate the proposed 
     New Arrangements to Borrow, and to allow broader use of prior 
     year funds made available to the existing General 
     Arrangements to Borrow.


Sec. 610. Advocacy of Policies to Enhance the General Effectiveness of 
                    the International Monetary Fund

       The conference agreement includes House language from 
     section 301 of H.R. 3114 as reported by the Committee on 
     Banking and Financial Services. Changes relative to section 
     607 of the House bill are limited to two matters: the 
     substitution of ``establishing an independent monetary 
     authority * * * '' in lieu of ``appropriate liberalization of 
     pricing, trade, investment, and exchange rate regimes * * * 
     '' as a United States policy objective in the Fund; and the 
     abbreviation of language relating to an Advisory Committee on 
     IMF Policy. The conference agreement includes House language 
     relating to the maintenance and improvement of core labor 
     standards. The Senate amendment addressed only the matter of 
     the Advisory Committee.

[[Page H11367]]

  


         sec. 611. reduction of barriers to agricultural trade

       The conference agreement includes Senate language aimed at 
     encouraging the opening of markets for agricultural 
     commodities. The House bill did not address this matter in a 
     separate section.


Sec. 612. Semiannual Reports on Financial Stabilization Programs Led by 
 the International Monetary Fund in Connection with Financing from the 
                      Exchange stabilization fund

       The conference agreement includes House language from 
     section 401 of H.R. 3114 as reported by the Committee on 
     Banking and Financial Services.


Sec. 613. annual report and testimony on the state of the international 
    financial system, imf reform, and compliance with imf agreement

       The conference agreement includes House bill language from 
     section 403 of H.R. 3114 as reported by the Committee on 
     Banking and Financial Services. The dates of the required 
     annual reports and testimony have been changed to October 1 
     and March 1.


          SEC. 614. AUDITS OF THE INTERNATIONAL MONETARY FUND

       The conference agreement includes House bill language from 
     section 404 of H.R. 3114 as reported by the Committee on 
     Banking and Financial Services. The conference agreements 
     adds the Committees on Appropriations to the list of 
     committees receiving annual reports from the Comptroller 
     General.

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1999 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1998 amount, the 1999 
     budget estimates, and the House and Senate bills for 1999 
     follow:

New budget (obligational) authority, fiscal year 1998...$13,190,968,080
Budget estimates of new (obligational) authority, fiscal 31,985,044,098
House bill, fiscal year 1999.............................16,228,941,980
Senate bill, fiscal year 1999............................30,790,824,980
Conference agreement, fiscal year 1999...................31,308,114,980
Conference agreement compared with:
  New budget (obligations) authority, fiscal year 1998..+18,117,146,900
  Budget estimates of new (obligational) authority, fiscal -676,930,000
  House bill, fiscal year 1999..........................+15,079,173,000
  Senate bill, fiscal year 1999............................+517,290,000

  SECTION 101(e)--THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 1999

       The conferees on H.R. 4328 agree with the matter inserted 
     in this subsection of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in the 
     House and Senate versions (H.R. 4193 and S. 2337) of the 
     Department of the Interior and Related Agencies 
     Appropriations Act, 1999, by members of the appropriations 
     subcommittees of both the House and Senate with jurisdiction 
     over H.R. 4193 and S. 2337.
       The conference agreement with respect to fiscal year 1999 
     appropriations for the Department of the Interior and Related 
     Agencies incorporates some of the provisions of House Report 
     105-609 and Senate Report 105-227. Report language and 
     allocations set forth in either of those reports, which are 
     not changed by the conference agreement, are approved. The 
     agreement described herein, while repeating some report 
     language for emphasis, does not negate the language 
     referenced above unless expressly provided. Administrative 
     provisions and general provisions which are identical in the 
     House passed version of H.R. 4193 and the Senate 
     Appropriations Committee reported version of S. 2237 are 
     unchanged by the conference agreement and are approved unless 
     provided to the contrary herein.

                  TITLE I--DEPARTMENT OF THE INTERIOR

                       Bureau of Land Management


                   Management of Lands and Resources

       The conference agreement provides $619,311,000 for 
     management of lands and resources instead of $596,425,000 as 
     proposed by the House and $633,058,000 as proposed by the 
     Senate.
       Increases above the House include $50,000 for the Sloan 
     Petroglyphs, $350,000 for erosion control structures for the 
     Rio Puerco, $500,000 for the Pacific Northwest range study, 
     $583,000 for the wild horse and burro program, $106,000 in 
     uncontrollable costs for wildlife and fisheries, $58,000 in 
     uncontrollable costs for the threatened and endangered 
     species program, $369,000 in uncontrollable costs for energy 
     and minerals, $500,000 in Alaska minerals for the minerals at 
     risk program, $500,000 for the Alaska airborne survey, 
     $2,334,000 for Alaska conveyance, $750,000 for the Montana 
     mapping program, $409,000 in uncontrollable costs for 
     workforce and organizational support for resource protection 
     and maintenance, $2,715,000 for facilities maintenance, 
     $829,000 in uncontrollable costs, and $50,000 to restore a 
     program transfer in workforce and organizational support.
       In addition to the increases stated above, the Committees 
     have provided the following additional funds for clean water 
     and fixed costs: (1) $6,000,000 in soil, water, and air for 
     the mine lands program, (2) $3,000,000 for riparian 
     management, (3) $1,000,000 for the fisheries program, and (4) 
     $5,000,000 in undistributed fixed costs.
       Decreases below the House include $1,000,000 for the mine 
     land program, $500,000 for riparian management, $475,000 for 
     wildlife management, and $242,000 in uncontrollable costs for 
     realty ownership and management.
       The Committees do not concur with the Senate language 
     regarding the Red Rocks National Conservation Area; however, 
     the Committees emphasize that funds collected at the site 
     should be used to enhance operations, reduce backlog 
     maintenance, and provide an improved visitor experience.
       The Committees do not concur with the Senate language that 
     proposed an earmark of $750,000 for the Coeur d'Alene Basin 
     Commission. Although the Committees agree that cleanup of 
     mining-related damage within the Coeur d'Alene Basin is 
     needed, such efforts are not appropriate to fund through the 
     Interior and Related Agencies Appropriations Bill.
       The Committees have approved the collocation of the Bureau 
     of Land Management and the Forest Service in the Robert 
     Duncan Plaza in Portland, OR and direct the Bureau to 
     undertake this collocation as soon as possible.
       The $750,000 provided for the Montana mapping project 
     represents a significant Federal contribution to this 
     project. The Committees expect substantial effort to minimize 
     future Federal contributions through major participation by 
     State, local and private cooperators.
       The Committees feel so strongly about the land management 
     agencies maintaining their infrastructure, that even in the 
     face of declining budgetary resources, the Committees have 
     provided the Bureau with an additional $6.5 million over the 
     fiscal year 1998 enacted level to address its backlog 
     maintenance needs.
       The Committees agree to clarify the dates for which reports 
     analyzing the fee program are due. January 31 of each year 
     the program is in existence, the affected agencies should 
     provide a consolidated report on annual accomplishments for 
     the preceding fiscal year and any recommended improvements to 
     the program. At such time as the program is terminated, the 
     final report should also include a comprehensive evaluation 
     of the entirety of the program.


                        Wildland Fire Management

       The conference agreement provides $286,895,000 for wildland 
     fire management as proposed by the House instead of 
     $288,975,000 as proposed by the Senate.
       The Committees do not concur with the Senate earmark that 
     would have provided for a new Alaska hotshot crew.


                    Central Hazardous Materials Fund

       The conference agreement provides $10,000,000 for the 
     central hazardous materials fund as proposed by the House 
     instead of $9,000,000 as proposed by the Senate.


                              Construction

       The conference agreement provides $10,997,000 for 
     construction instead of $6,975,000 as proposed by the House 
     and $8,197,000 as proposed by the Senate.
       Increases above the House include $1,000,000 for the 
     Escalante National Monument visitor facility, $2,000,000 for 
     the Pompeys Pillar visitor facility, and $1,022,000 for the 
     Coldfoot multiagency visitor facility.


                       Payments in Lieu of Taxes

       The conference agreement provides $125,000,000 for payments 
     in lieu of taxes as proposed by the Senate instead of 
     $140,000,000 as proposed by the House.


                            Land Acquisition

       The conference agreement provides $14,600,000 for land 
     acquisition instead of $10,000,000 as proposed by the House 
     and $15,650,000 as proposed by the Senate.
       The Committees agree to the following distribution of 
     funds:


        State and Project                                        Amount
MT--Beaverhead River...........................................$750,000
CA--Cache Creek.................................................500,000
CO--Grand Mesa Slopes...........................................700,000
CO--Gunnison Basin..............................................800,000
ID--Idaho Lands Project.........................................700,000
CA--King Range NCA............................................1,000,000
WA--Lopez Island..............................................1,000,000
CA--Otay Mts./Kuchamaa........................................1,850,000
CA--Santa Rosa Mts. NSA.......................................1,000,000
ID--Upper Snake/S. Fork Snake River.............................750,000
UT--Washington Co. HCP........................................1,000,000
OR--West Eugene Wetlands........................................750,000
                                                       ________________
                                                       
    Subtotal.................................................10,800,000
Emergency/Hardships/Inholdings..................................800,000
Acquisition Management........................................3,000,000
                                                       ________________
                                                       
    Total....................................................14,600,000

       The Committees are modifying the reprogramming guidelines 
     regarding land exchanges. The agencies must submit proposed 
     land exchanges in excess of $500,000 to the Committees on 
     Appropriations for a 30 day period of review.


                   OREGON AND CALIFORNIA GRANT LANDS

       The conference agreement provides $97,037,000 for Oregon 
     and California grant lands instead of $98,407,000 as proposed 
     by the House and $94,791,000 as proposed by the Senate.

[[Page H11368]]

       Decreases below the House include $627,000 for 
     uncontrollable costs, $645,000 for resources management, 
     $87,000 for information systems, and $11,000 for 
     construction.


                           RANGE IMPROVEMENTS

       The conference agreement provides an indefinite 
     appropriation for range improvements of not less than 
     $10,000,000 as proposed by the House and Senate.


               SERVICE CHARGES, DEPOSITS, AND FORFEITURES

       The conference agreement provides an indefinite 
     appropriation for service charges, deposits, and forfeitures 
     which is estimated to be $8,055,000 as proposed by the House 
     instead of $7,226,000 as proposed by the Senate.


                       MISCELLANEOUS TRUST FUNDS

       The conference agreement provides an indefinite 
     appropriation of $8,800,000 for miscellaneous trust funds as 
     proposed by the House and Senate.


                       ADMINISTRATIVE PROVISIONS

       The Committees have reauthorized the hard rock mining 
     holding fee through fiscal year 2001 and have included new 
     language that provides for a 60 day period to correct any 
     defects to small miner waiver applications.

                United States Fish and Wildlife Service


                          RESOURCE MANAGEMENT

       The conference agreement provides $661,136,000 for resource 
     management instead of $607,106,000 as proposed by the House 
     and $624,019,000 as proposed by the Senate. Changes to the 
     House recommended level for the endangered species program 
     include an increase of $400,000 for Alabama sturgeon and a 
     decrease of $400,000 for ESA reform in candidate 
     conservation; a decrease of $500,000 for program activities 
     in listing; an increase of $50,000 for program activities in 
     consultation; increases of $500,000 for the Bruneau hot 
     springs snail in Idaho, $25,000 for program activities, 
     $20,000,000 for salmon and steelhead recovery in the State of 
     Washington and $5,000,000 for the ESA landowner incentive 
     program; and a decrease of $400,000 for ESA reform in 
     recovery. In habitat conservation changes to the House 
     include: (1) for the partners for fish and wildlife program, 
     increases of $300,000 for program activities associated with 
     the clean water initiative, $300,000 for Washington salmon 
     enhancement and $250,000 for Hawaii ESA 
     community conservation and a decrease of $100,000 for 
     program activities and (2) for project planning, an 
     increase of $100,000 for the Middle Rio Grande Bosque 
     Consortium and a decrease of $400,000 for FERC relicensing 
     activities. Other program changes to the House include an 
     increase of $55,000 for Mason Valley, NV water quality 
     monitoring in the environmental contaminants program; a 
     decrease of $500,000 for the refuge operations backlog and 
     an increase of $500,000 for the refuge maintenance backlog 
     in refuge operations and maintenance; increases of 
     $400,000 for implementing the U.S./Canada migratory bird 
     treaty, $1,000,000 for a National program to address 
     Canada goose depredation and $100,000 for rural Alaska 
     workshops and lead shot exchange programs in migratory 
     bird management; an increase of $50,000 for fresh water 
     mussels in hatchery operations and maintenance; and 
     increases of $800,000 for fish passage facilities, 
     $600,000 for a prototype machine to mark hatchery reared 
     salmon at the Washington Department of Fish and Wildlife 
     and $200,000 for the National fish health survey in fish 
     and wildlife management. In general administration changes 
     to the House include an increase of $750,000 for the 
     National Conservation Training Center and an increase of 
     $250,000 for the Russia initiative in the international 
     affairs program of which $50,000 is for the State of 
     Alaska. The Committees have not agreed to the transfer of 
     funds to the construction account for major bridge and 
     road maintenance as proposed by the House.
       The conference agreement includes bill language earmarking 
     the Endangered Species Act listing program at $5,756,000 
     instead of $6,256,000 as proposed by the House and $5,156,000 
     as proposed by the Senate.
       The Committees agree to the following:
       1. The funding included in the candidate conservation 
     account for activities associated with the Prebles meadow 
     jumping mouse may be reprogrammed, as appropriate, to the 
     recovery program.
       2. There is no specific increase for the Clark County, NV 
     habitat conservation plan in the consultation program. The 
     Committees expect the Service to continue to work with 
     communities like Clark County, NV and El Dorado County, CA to 
     support endangered species efforts.
       3. Within the base budget there is $100,000 for wolf 
     monitoring in Yellowstone NP and the Frank Church River of No 
     Return Wilderness.
       4. The funds provided for salmon and steelhead recovery 
     efforts in Washington State are to be administered by the 
     Salmon Recovery Office in the Office of the Governor. That 
     office will provide allocations to local governments for 
     salmon and steelhead projects and activities that contribute 
     to the recovery of these species. Funds should be divided as 
     follows: $2,800,000 for the Puget Sound North Sub-region, 
     $8,800,000 for the Central Puget Sound Sub-region, $2,500,000 
     for the Southwest Puget Sound Sub-region; $2,800,000 for the 
     Lower Columbia River Recovery Region, $300,000 for the 
     Southwest Washington Recovery Region, $800,000 for the Upper 
     Columbia River Recovery Region, $800,000 for the Middle 
     Columbia River Recovery Region and $950,000 for the Snake 
     River Recovery Region. Up to one percent of the total may be 
     used by the State for administrative costs. The State shall 
     also commit to a minimum of 25 percent in matching funds.
       5. Of the $250,000 provided in habitat conservation for 
     Hawaii community conservation programs, $100,000 is for 
     palila bird recovery in conjunction with the Saddle Road 
     project on the Island of Hawaii.
       6. The $100,000 increase in habitat conservation for the 
     Middle Rio Grande Bosque program restores the fiscal year 
     1998 base level of $550,000 and provides for a one-time grant 
     of $50,000 to the State consortium.
       7. In establishing priorities for the distribution of the 
     $1,000,000 increase provided in migratory bird management for 
     Canada goose depredation, the Service should consider the 
     problems associated with dusky Canada geese in Washington and 
     Oregon.
       8. The increase in hatchery operations and maintenance for 
     fresh water mussels is to support hatchery activities related 
     to the growth, preservation and reintroduction of fresh water 
     mussels and the involvement of hatchery expertise in regional 
     ecosystem teams.
       9. Within the increase provided for fish passage facilities 
     in fish and wildlife management, there is no earmark for any 
     specific program. The Service should consider the Tahuya 
     River in establishing priorities for the distribution of 
     these funds.
       10. Within available funds, the Service should conduct a 
     feasibility study on the removal of fish passage barriers on 
     Icicle Creek near the Leavenworth National Fish Hatchery, WA. 
     The cost of this study should not exceed $30,000.
       11. The $750,000 increase provided for the National 
     Conservation Training Center is for start-up and partial year 
     operating costs for a third dormitory at the Center. These 
     funds are needed because dormitory construction is ahead of 
     schedule, and it is expected to open in fiscal year 1999. The 
     Service should request the funds necessary for full year 
     operations in the fiscal year 2000 budget request.
       12. The earmark for the Hood Canal Salmon Enhancement Group 
     is $100,000.
       13. There are no specific earmarks for a study of sea otter 
     decline in the Aleutian chain or for an education campaign on 
     the Yukon River Salmon Treaty. The Service should consider 
     these needs in the context of its overall priorities.
       14. Within the funds provided, the Service may pursue its 
     planned wildlife inventory projects in the Kenai NWR, Innoko 
     NWR, Yukon Flats NWR and Nowitna NWR, AK.
       15. The Alaska Nanuuq Commission, the Alaska Sea Otter 
     Commission and the Eskimo Walrus Commission should be funded 
     at the fiscal year 1998 level for cooperative activities 
     authorized under section 119 of the Marine Mammal Protection 
     Act.
       16. The budget includes continued support for the Nevada 
     biodiversity research and conservation initiative in the 
     partners for fish and wildlife program.
       17. By January 31 of each year the recreation fee 
     demonstration program is in effect, the Service should 
     provide a consolidated report on annual accomplishments for 
     the preceding fiscal year and any recommended improvements to 
     the program. At such time as the program is terminated, the 
     final report should include a comprehensive evaluation of the 
     entirety of the program.
       18. The Committees are pleased that the Administration has 
     endorsed the Congressionally-initiated backlog maintenance 
     reduction program and note that, in addition to the large 
     funding increase provided for backlog maintenance reduction 
     in this Act, the Committees recently earmarked $20,000,000 in 
     Title V funding from the fiscal year 1998 appropriation to be 
     used to address the Service's maintenance backlog.


                              Construction

       The conference agreement provides $50,453,000 for 
     construction instead of $66,100,000 as proposed by the House 
     and $48,734,000 as proposed by the Senate. Funds are to be 
     distributed as follows:

------------------------------------------------------------------------
       Location or activity               Description           Amount  
------------------------------------------------------------------------
ACE Basin NWR, SC.................  Parking, bathrooms &        $250,000
                                     kiosks.                            
Alaska Maritime NWR, AK...........  Design and construction      860,000
Alligator River NWR, NC...........  Milltail Bridge........      498,000
Atchafalaya NWR, LA...............  Big Al #2 Bridge.......      500,000
Bear River NWR, UT................  Dikes, grassland           2,000,000
                                     habitat, education                 
                                     center.                            
Bitter Lake NWR, NM...............  Replace 2 bridges......      253,000
Carolina Sandhills NWR, SC........  Replace 2 bridges......      536,000
Catahoula NWR, LA.................  Shop building..........      300,000
Columbia NWR, WA..................  Potholes Canal Bridge..      450,000
Craig Brook NFH, ME...............  Rehabilitation.........    3,300,000
Creston NFH, MT...................  Jessup Mill Dam........    2,200,000

[[Page H11369]]

                                                                        
Deep Fork NWR, OK.................  Public access and            185,000
                                     trails.                            
Dexter NFH, NM....................  Phase III construction.    2,683,000
Discovery Center, MO..............  Education &                  500,000
                                     conservation program.              
Erie NWR, PA......................  Erie Dam No. 9.........    1,100,000
Hanalei NWR, HI...................  Water supply for taro        250,000
                                     fields.                            
Hatchie NWR, TN...................  Log Landing Slough            66,000
                                     Bridge.                            
Hatchie NWR, TN...................  Windrow Loop/Bear Creek       83,000
                                     Bridge.                            
Iron River NFH, WI................  Storage building.......      825,000
Kenai NWR, AK.....................  Roads/intersections....      250,000
Klamath Basin NWR, CA.............  Water facilities.......    3,600,000
Lacassine NWR, LA.................  Shop building..........      750,000
Laguna Atascosa NWR, TX...........  Bridge rehabilitation..       55,000
Lower Rio Grande Valley NWR, TX...  Bridge rehab. &              270,000
                                     replacement.                       
Madison WMD, SD...................  Heating system, office       500,000
                                     rehabilitation.                    
Makah NFH, WA.....................  Salmon spawning            2,570,000
                                     structure.                         
Mammoth Spring NFH, AR............  Pond structures........      450,000
McKinney Lake NFH, NC.............  McKinney Lake Dam......      700,000
Mingo NWR, MO.....................  Replace bridges........      702,000
Mississquoi NWR, VT...............  HQ planning &              2,000,000
                                     construction.                      
National Blackfooted Ferret         Construction...........    1,800,000
 Conservation Center, CO.                                               
North Attleboro NFH, MA...........  Reconstruction               325,000
                                     (generator                         
                                     replacement).                      
Okefenokee NWR, GA................  Visitors center            1,000,000
                                     renovation.                        
Orangeburg NFH, SC................  Orangeburg Substation        700,000
                                     Dam.                               
Ridgefield NWR, WA................  Shop building..........      450,000
Sabine NWR, LA....................  Boathouse..............      550,000
Sequoyah NWR, OK..................  Bridge rehabilitation..      160,000
Sequoyah NWR, OK..................  Repairs and roads......      575,000
Sherburne NWR, MN.................  Shop buildings.........      945,000
Silvio Conte NWR..................  Colebrook interp ctr in      250,000
                                     NH.                                
Southeast Louisiana Refuges.......  Building repairs.......    1,000,000
Tern Island NWR, Pacific..........  Replace/repair seawall.    1,000,000
Togiak NWR, AK....................  Fourplex residence.....    1,216,000
Welaka NFH, FL....................  Ponds & cache basins...      530,000
White River NWR, AR...............  Administrative building    1,000,000
                                     w/visitor contact.                 
White Sulphur Springs NFH, WV.....  Rehabilitation.........      150,000
Wichita Mountains NWR, OK.........  Bridge rehab. &              220,000
                                     replacement.                       
Wichita Mountains NWR, OK.........  Gramma Lake & Comanche     1,100,000
                                     Dams.                              
Wichita Mountains NWR, OK.........  Roads..................    1,564,000
Servicewide bridge safety             .....................      495,000
 inspections.                                                           
Servicewide dam safety inspections    .....................      495,000
Construction Management...........    .....................    6,242,000
                                                            ------------
      Total.......................    .....................   50,453,000
------------------------------------------------------------------------

       The Committees agree to the following:
       1. The funding provided for the Alaska Maritime NWR, AK is 
     to complete design of an administrative building with a 
     visitor contact area. No funds are to be used for design of 
     additional support buildings or facilities. The total cost of 
     the project should not exceed $10,000,000, and within that 
     amount, the cost of exhibits, furnishings and any outdoor 
     interpretation aids associated with the visitor contact 
     portion of the building should be paid for with non-Federal 
     funds.
       2. The funding for the Dexter NFH, NM completes the 
     construction at that hatchery and no further Federal 
     construction funding will be required for the project.
       3. The funding for the Hanalei NWR, HI completes the water 
     delivery facilities for that refuge, and no further Federal 
     funding will be required for the project.
       4. The funding for the Colebrook interpretive center in NH 
     is provided on a one-time only basis. This facility is not 
     located on property within the Silvio Conte NWR.
       5. The funding provided for the White River NWR, AR is for 
     construction of an Administrative building with a visitor 
     contact area at the refuge. The cost of exhibits, furnishings 
     and any outdoor interpretation aids associated with the 
     visitor contact portion of the building should be paid for 
     with non-Federal funds.
       6. The Service should work with the Navy Seabees to develop 
     a cooperative effort for the repair/replacement of the 
     seawall at Tern Island in the Pacific. The total cost of this 
     project, assuming cooperation with the Navy on the transport 
     of materials, should be reported to the Committees no later 
     than January 15, 1999. The fiscal year 2000 budget request 
     should include a status report on the project including a 
     proposed plan to implement the seawall replacement on a 
     phased funding basis.
       7. Funding for major safety repairs to bridges and roads 
     has not been transferred to the construction account from the 
     resource management account as proposed by the House.
       8. The fiscal year 2000 budget should address the 
     feasibility of constructing a cost-shared indoor eagle 
     viewing and educational facility at the National Eagle Center 
     in MN within the context of overall Service priorities.
       9. No funding is provided for constructing a biocontainment 
     facility in MT, as proposed by the Senate, for research on 
     contagious diseases that can impact domestic livestock. The 
     lead agency for such a project should be the U.S. Department 
     of Agriculture. There is no objection to the Service serving 
     in a consultative role for this project.
       10. The Service is strongly urged to use local hires to the 
     maximum extent practicable in constructing the fourplex 
     residence at the Togiak NWR, AK.


                            land acquisition

       The conference agreement provides $48,024,000 for land 
     acquisition instead of $30,000,000 as proposed by the House 
     and $62,120,000 as proposed by the Senate. The Committees 
     agree to the following distribution of funds:


        State and Project                                        Amount
LA--Atchafalaya River Bsn. (LA Black Bear)...................$1,000,000
TX--Attwater Prairie Chicken NWR..............................1,000,000
VA--Back Bay NWR..............................................1,000,000
CA--Bair Island (Don Edwards NWR).............................1,500,000
TX--Balcones Canyonlands NWR..................................1,500,000
WA--Black River (Nisqually NWR).................................750,000
AL--Bon Secour NWR............................................1,000,000
PR--Cabo Rojo Salt Flats NWR..................................1,000,000
WV--Canaan Valley NWR.........................................1,200,000
NJ--Cape May NWR..............................................1,000,000
KY--Clarks River NWR............................................500,000
NJ--E.B. Forsythe NWR...........................................750,000
AL--Grand Bay NWR...............................................750,000
MA--Great Meadows NWR.........................................1,750,000
OR--Klamath Forest Marsh NWR....................................100,000
NH--Lake Umbagog NWR..........................................1,800,000
FL--Lake Wales Ridge NWR......................................1,000,000
TX--Lower Rio Grande NWR......................................2,000,000
WV--Ohio River Islands NWR......................................250,000
OH--Ottawa NWR................................................1,000,000
IN--Patoka River NWR............................................250,000
ME--Petit Manan NWR.............................................375,000
ME--Rachel Carson NWR...........................................375,000
VA--Rappahannock River Valley NWR.............................1,000,000
RI--Rhode Island Refuge Complex.................................500,000
CA--San Diego NWR.............................................3,000,000
LA--SE Louisiana Refuges......................................1,000,000
VT/CT/NH/MA--Silvio O. Conte NWR..............................3,174,000
CT--Stewart McKinney NWR (Ram Isld)...........................1,600,000
LA--Tensas River NWR............................................750,000
TX--Trinity River NWR...........................................500,000
SC--Waccamaw NWR..............................................1,750,000
NJ--Wallkill NWR..............................................1,000,000
WI--Whittlesey Creek NWR........................................650,000
                                                       ________________
                                                       
    Subtotal.................................................36,774,000
Emergencies/hardships.........................................1,000,000
Inholdings......................................................750,000
Exchanges.....................................................1,000,000
Acquisition management........................................8,500,000
                                                       ________________
                                                       
    Total....................................................48,024,000

       The Committees have provided a total of $2,000,000 for 
     acquisition of timberlands within the Bailey Tract located in 
     the proposed Atchafalaya National Wildlife Refuge. $1,000,000 
     was recently provided from fiscal year 1998 Title V money and 
     $1,000,000 is contained in this bill. The Committees strongly 
     urge the Service to conduct public hearings and solicit input 
     from the local communities on the creation of this refuge. It 
     is the intent of the Committees that any funds appropriated 
     for this refuge will not have an adverse impact on commercial 
     activities pending the approval and release of a final 
     report.
       The conference agreement earmarks $1,500,000 for the Bair 
     Island acquisition in the Don Edwards NWR. It is the 
     Committees' clear intent that the existing public trail which 
     runs along the levy, parallel to Bay Shore Freeway, remains 
     open.
       The Committees have provided a total of $2,000,000 for the 
     Cabo Rojo acquisition,

[[Page H11370]]

     $1,000,000 of which was recently provided from fiscal year 
     1998 Title V money and $1,000,000 is contained in this bill. 
     It is the Committees' intention to complete this project 
     before December 31, 1998, from within the balance of Title 
     V funds.
       The Committees have not included funds for the Texas 
     Chenier Plain which includes four National Wildlife Refuges 
     in three counties in Texas. The Service is directed not to 
     provide any funds for these areas.
       The Committees have provided $1,000,000 to purchase the 
     Howard property near the Ottawa National Wildlife Refuge in 
     Ohio. These funds are contingent on an equal match with State 
     or private funds.
       The Committees are modifying the reprogramming guidelines 
     regarding land exchanges. The agencies must submit proposed 
     land exchanges in excess of $500,000 to the Committees on 
     Appropriations for a 30 day period of review.


            cooperative endangered species conservation fund

       The conference agreement provides $14,000,000 for the 
     cooperative endangered species conservation fund instead of 
     $15,000,000 as proposed by the House and $34,000,000 as 
     proposed by the Senate. The change to the House recommended 
     level is a decrease of $1,000,000 for habitat conservation 
     plan land acquisition. The $20,000,000 proposed by the Senate 
     for grants to the State of Washington for salmon and 
     steelhead recovery is addressed in the Resource Management 
     account.


                     national wildlife refuge fund

       The conference agreement provides $10,779,000 for the 
     National wildlife refuge fund as proposed by both the House 
     and the Senate.


               north american wetlands conservation fund

       The conference agreement provides $15,000,000 for the North 
     American wetlands conservation fund instead of $12,700,000 as 
     proposed by the House and $15,000,000 as proposed by the 
     Senate. Increases above the House include $2,210,000 in 
     habitat management and $90,000 in administration.


              wildlife conservation and appreciation fund

       The conference agreement provides $800,000 for the wildlife 
     conservation and appreciation fund as proposed by both the 
     House and the Senate.


                multinational species conservation fund

       The conference agreement provides $2,000,000 for the 
     multinational species conservation fund instead of $2,400,000 
     as proposed by the House and $1,900,000 as proposed by the 
     Senate. Funds should be distributed as follows:

African elephants............................................$1,000,000
Rhinoceros and tigers...........................................500,000
Asian elephants.................................................500,000
                                                       ________________
                                                       
  Total  .....................................................2,000,000

       The conference agreement makes minor technical corrections 
     to the appropriations language to clarify that donations and 
     penalties deposited in the fund are available without further 
     appropriation.


                       administrative provisions

       The conference agreement makes two technical corrections to 
     administrative provisions. The first involves using the term 
     ``inserting'' as proposed by the House instead of ``adding'' 
     as proposed by the Senate in language dealing with amending 
     the Marine Mammal Protection Act. The second specifies that 
     the current reprogramming guidelines are contained in Senate 
     Report 105-56.


                         technical corrections

       The conference agreement includes a modification to 
     technical corrections as proposed by the House to remove 
     certain properties in Florida and South Carolina from the 
     Coastal Barrier Resources System. These properties include 
     25 acres in Pumpkin Key, FL, 12 acres in Ocean Reef, FL 
     and 18 acres in Huntington Beach, SC. The modification 
     corrects the reference date for the relevant map for the 
     Florida property. Other removals from the system are 
     addressed under General Provisions--Department of the 
     Interior and under Title III--General Provisions.

                         National Park Service


                 operation of the national park system

       The conference agreement provides $1,285,604,000 for 
     operation of the National park system instead of 
     $1,333,328,000 as proposed by the House and $1,288,903,000 as 
     proposed by the Senate. The agreement provides $228,819,000 
     for Resource Stewardship instead of $228,790,000 as proposed 
     by the House and $229,818,000 as proposed by the Senate. 
     Changes to the House level include increases of $1,279,000 
     for special need parks and $750,000 for Vanishing Treasures 
     and a decrease of $2,000,000 for Inventory and Monitoring. 
     Within available funds, $400,000 is for additional continuing 
     support for Heritage Preservation public education and 
     training.
       The conference agreement provides $301,238,000 for Visitor 
     Services instead of $301,663,000 as proposed by the House and 
     $302,538,000 as proposed by the Senate. Changes to the House 
     level include increases of $475,000 for special need parks 
     and $500,000 for the park police and decreases of $200,000 
     for the overflights initiative and $1,200,000 for risk 
     assessments.
       The conference agreement provides $411,930,000 for 
     maintenance instead of $447,159,000 as proposed by the House 
     and $401,930,000 as proposed by the Senate. Changes to the 
     House level include an increase of $771,000 for special need 
     parks and a decrease of $36,000,000 for maintenance. The 
     Committee directs the Service to do the following maintenance 
     projects within available funds: $300,000 for Central High 
     School, AR, $200,000 for Fort Sumter, SC, and $390,000 for 
     San Antonio Missions, TX.
       The Committees are pleased that the Administration has 
     finally endorsed the congressionally initiated program to 
     reduce backlog maintenance in the parks. The Committees 
     continue to place a high priority on this initiative and the 
     Congress has provided nearly $1 billion for this purpose 
     since fiscal year 1996. In addition, the Committees created a 
     Recreational Fee Demonstration Program which will provide 
     over $450,000,000 to the National Park Service over the life 
     of the five-year program. Also, the Committees provided 
     $20,000,000 for backlog projects on September 5, 1998, from 
     the fiscal year 1998 Title V funds. The Committees note that 
     the reduction from the House level for maintenance is more 
     than offset by the release of Title V funding and the 
     extension of the Recreational Fee Demonstration Program and 
     encourage the Service and the Administration to work with 
     them to implement this many-faceted approach to addressing a 
     serious problem. The answer to the problem cannot be 
     appropriations alone. Management and financial accountability 
     improvements in the Service are desperately needed to achieve 
     the goal of a realistic and manageable maintenance backlog.
       The conference agreement provides $238,929,000 for Park 
     support instead of $238,128,000 as proposed by the House and 
     $239,929,000 as proposed by the Senate. Changes to the House 
     level include increases of $326,000 for special need parks 
     and $475,000 for the Lewis and Clark Trail. This $475,000 
     includes $175,000 for challenge cost-share grants, $140,000 
     for a partnership agreement and $160,000 for technical 
     assistance and planning.
       The conference agreement has deleted the $12,500,000 for 
     the Denver Service Center base funding as proposed by the 
     House from the operations account and provided funds under 
     Park Service construction. The conference agreement also 
     deletes the $10,000,000 across the board increase proposed by 
     the Senate.
       The conference agreement provides $104,688,000 for External 
     Administrative costs as proposed by the Senate instead of 
     $105,088,000 as proposed by the House. The change to the 
     House level is a reduction of $400,000 for FTS 2000.
       The Committees recognize that Yosemite National Park has a 
     serious bear management problem and that current funding has 
     not been sufficient to deal with the estimated 600 bears in 
     the park and the 4 million people who visit the park 
     annually. Therefore, the conference agreement earmarks 
     $500,000 within available funds for the bear management 
     program in Yosemite National Park.
       The Committees agree to clarify the dates for which reports 
     analyzing the fee program are due. By January 31 of each year 
     the program is in existence, the Service should provide a 
     consolidated report on annual accomplishments for the 
     preceding fiscal year and any recommended improvements to the 
     program. At such time as the program is terminated, the final 
     report should also include a comprehensive evaluation of the 
     entirety of the program.
       The Committees are concerned about the findings of a recent 
     GAO report that raises several concerns about the new fee 
     program. While finding the Recreational Fee Demonstration 
     Program a success with the general public, the report 
     criticized the Service for generating the greatest revenue 
     yet expending only 17 percent from the period October 1, 
     1996 to March 31, 1998. The study recommends that the 
     Secretary of the Interior look for further opportunities 
     to experiment and innovate with new and existing fees and 
     work more closely with the Secretary of Agriculture to 
     improve services for visitors by better coordinating their 
     fee activities. The Committees strongly urge the Service 
     to improve greatly the rate at which fee monies are put to 
     work on the ground in the parks and to take very seriously 
     the Committees' long-standing directive to place signage 
     in the parks which thanks the public and describes how 
     their fees are being used. The Committees were 
     disappointed that this directive was, to a large extent, 
     ignored this past summer, particularly in the larger 
     parks.
       The Committees continue to express concern over the unsafe 
     conditions at the intersection of Routes 29 and 234 in the 
     Manassas National Battlefield Park, Prince William County, 
     Virginia which remain hazardous to local residents and 
     visitors of the park traveling through the intersection. 
     However, the Committees are aware and encouraged that an 
     ``intersection task force'' was convened in April 1998 to 
     develop a compromise resolution to the problem of safety and 
     traffic capacity at the intersection.
       The task force consists of representatives from the 
     Virginia Department of Transportation (VDOT), the Federal 
     Highway Administration (FHWA), the National Park Service, the 
     American Automobile Association, Prince William County 
     officials, and local citizens. The Committees have been 
     advised that the task force is in the process of developing a 
     memorandum of understanding (MOU) in a three-phased approach 
     to resolve the problems at the intersection.
       Phase one calls for traffic signal improvements; clearing 
     vegetation from intersection approaches; relocating the 
     existing Stone House parking lot; improving the traffic 
     enforcement; developing safe pull-off areas for

[[Page H11371]]

     law enforcement; reducing speed limits; providing grooved 
     surfaces and signs at the park entrance to alert visitors 
     they are entering the park and to alert travelers of the 
     approaching intersection.
       Phase two will be initiated only after an objective 
     determination that phase one improvements have failed to 
     address the problem. The intersection will be monitored 
     regularly, and it is expected that the task force will 
     reconvene to evaluate phase one. Phase two will consist of 
     some regrading of Route 234, widening of both approaches of 
     Route 29, and the consideration of accommodating additional 
     turn lanes.
       Phase three calls for the Service to seek funding and work 
     with VDOT, FHWA, and Prince William County towards the 
     closure of Routes 29 and 234 and to provide alternative 
     routes for traffic now traveling through the Park as called 
     for in Public Law 100-647. The Committees recognize that 
     safety concerns at the Routes 29 and 234 intersection have 
     been a long-standing problem for the park and surrounding 
     community.
       The Committees strongly encourage the Service and VDOT to 
     continue to work together to finalize and approve an MOU, 
     adhere to the terms of the agreement and implement the 
     actions as outlined. The Service should conduct a bypass 
     study as called for in Public Law 100-647.
       The Committees direct the Service to expand its official 
     budget justification for fiscal year 2000 to include a new 
     park summary section which lists the units of the system by 
     the nineteen National Park System designations. This new 
     summary should begin with the National Parks.
       The conference agreement includes language in Title I-
     General Provisions which ensures that property owners 
     included within the boundaries of the Indiana Dunes National 
     Lakeshore at the time of the 1992 Act that expanded the park 
     are afforded the same opportunities to obtain fixed-term 
     Reservations of Use and Occupancy as homeowners that were 
     incorporated in previous expansions.
       The Committees have deleted language requiring the Service 
     to consider options for establishing a jet-capable runway 
     near the entrance to Denali National Park and Preserve, but 
     note the proximity of jetports to the entrance of other 
     National parks, such as Wrangell-St.Elias NP&P at Glenallen, 
     Alaska and Katmai NP&P at King Salmon, Alaska, where the 
     National Park Service keeps administrative offices.
       The Committees have once again provided $600,000 in base 
     funding for new mineral examiners at the Mojave National 
     Preserve. This same amount and direction was included in 
     Public Law 105-83. The Committees have learned that the 
     Service did not comply with the clear congressional intent 
     and used the funding for other units as well as for the 
     Denver-based Geological Resources Division. The Service has 
     informed the Committees that there are over 2,000 mining 
     claims within or in close proximity to the Mojave National 
     Preserve. The Service explained that mineral examiners are 
     needed on site to process these claims and establish valid 
     existing rights. Service officials expressed to the 
     Committees that this was the most challenging issue 
     confronting the newly established unit. The Congress 
     responded but the Service chose to not comply with 
     congressional direction. Therefore, the Committees have 
     included statutory language to ensure that this pressing need 
     is addressed in fiscal year 1999.
       The Committees expect that when or if the National Park 
     Service completes the work on design alternatives for 
     improvements to Pennsylvania Avenue in front of the White 
     House, the Department will submit a reprogramming proposal to 
     the House and Senate Committees on Appropriations through the 
     normal process to do planning on such proposed improvements. 
     Before taking any action on the reprogramming proposal, the 
     Committees expect full and open consultations from the 
     Administration on the preferred alternative including the 
     goal, justification and cost effectiveness of the 
     improvements.


                  National Recreation and Preservation

       The conference agreement provides $46,225,000 for the 
     National recreation and preservation program instead of 
     $43,939,000 as proposed by the House and $48,800,000 as 
     proposed by the Senate.
       The conference agreement provides $515,000 for recreation 
     programs as proposed by the Senate instead of $506,000 as 
     proposed by the House. The change to the House level consists 
     of an increase of $9,000 for fixed costs. The conference 
     agreement provides $9,088,000 for Natural programs instead of 
     $8,984,000 as proposed by the House and $10,188,000 as 
     proposed by the Senate. The change to the House level is an 
     increase of $104,000 for fixed costs. Within available funds, 
     $375,000 is provided for the restoration of Ravenna Creek by 
     means of surface reconnection in cooperation with the Ravenna 
     Creek Alliance. Consideration should be given to the Lake 
     Champlain project and the Vermont/New Hampshire River 
     Commissions. The Committees have agreed not to continue to 
     earmark funds for the Chesapeake Bay initiative. The 
     Committees appropriated $400,000 for fiscal years 1997 and 
     1998 for grants to local communities to help implement 
     heritage protection plans.
       The conference agreement provides $19,056,000 for Cultural 
     Programs instead of $18,899,000 as proposed by the House and 
     $19,431,000 as proposed by the Senate. The changes to the 
     House level are an increase of $157,000 for fixed costs. 
     Within available funds, $250,000 is provided to initiate a 
     Revolutionary War Study.
       The conference agreement provides $1,671,000 for 
     International park affairs as proposed by the Senate instead 
     of $1,658,000 as proposed by the House. The changes to the 
     House are an increase of $13,000 for fixed costs. The 
     conference agreement provides $358,000 for environmental and 
     compliance review as proposed by the Senate instead of 
     $350,000 as proposed by the House. The change to the House 
     level is an increase of $8,000 for fixed costs. The 
     conference agreement provides $1,751,000 for Grant 
     Administration as proposed by the Senate instead of 
     $1,715,000 as proposed by the House. The change to the House 
     level is an increase of $36,000 for fixed costs.
       The conference agreement provides $5,000,000 for Heritage 
     Commissions and grants instead of $4,500,000 as proposed by 
     the House and $5,500,000 as proposed by the Senate. Within 
     this amount, $1,000,000 each is earmarked for the Essex 
     National Recreation Area, the Ohio and Erie Canal National 
     Heritage Corridor, and the Steel Industry Heritage Corridor. 
     Also earmarked is a total of $500,000 each for the South 
     Carolina National Heritage Corridor and the Augusta Canal 
     National Heritage Area. The remaining $1,000,000 is to be 
     distributed to the remaining four areas. The Committees 
     intend that these funds be allocated to the heritage areas 
     and that the Service be limited to no more than two FTEs and 
     no other part-time or detailed staff may be used for this 
     program. The Service is reminded that it only has 
     Congressional authorization to work on the areas specified in 
     the Omnibus Parks Act of 1996. Technical support for this 
     program is funded at $859,000 as proposed by the Senate 
     instead of $850,000 as proposed by the House.
  The conference agreement provides $7,927,000 for Statutory or 
Contractual Aid instead of $4,477,000 as proposed by the House and 
$8,527,000 as proposed by the Senate. Funds are to be distributed as 
follows:

Alaska Native Cultural Center..................................$750,000
Aleutian World War II National Historic Area....................100,000
Blackstone River Corridor Heritage Commission...................324,000
Brown Foundation................................................102,000
Dayton Aviation Heritage Commission..............................48,000
Delaware and Lehigh Navigation Canal............................329,000
Ice Age National Scientific Reserve.............................806,000
Illinois and Michigan Canal National Heritage Corridor Commissio239,000
Johnstown Area Heritage Association..............................50,000
Lackawanna Heritage.............................................450,000
Mandan On-a-Slant Village.......................................250,000
Martin Luther King, Jr. Center..................................534,000
National Constitution Center....................................500,000
National Underground RR.........................................500,000
Native Hawaiian culture and arts program........................750,000
New Orleans Jazz Commission......................................67,000
Quinebaug-Shetucket National Heritage Corridor Commission.......200,000
Roosevelt Campobello International Park Commission..............670,000
National First Ladies Library...................................300,000
Southwestern Penn. Heritage Preservation Commission.............158,000
Vancouver National Historic Reserve.............................400,000
Wheeling National Heritage Area.................................400,000
       The funds provided for the Alaska Native Cultural Center 
     begin a three-year phaseout of this project. The Committees 
     understand that $500,000 will be provided in fiscal year 2000 
     and a final $250,000 for fiscal year 2001. The $500,000 for 
     the Sewall-Belmont House is provided in the new Millennium 
     Program instead of in Statutory and Contractual Aid as 
     proposed by the Senate.
       The Committee have included $300,000 for Technical 
     Assistance and support for the Saxton McKinley House and 
     National First Ladies' Library in Canton, Ohio. Further 
     guidance regarding this program is contained in the 
     ``Construction'' account under general management plans.
       The conference agreement has not provided the $2,000,000 as 
     proposed by the House for urban park grants. The Committees 
     have determined that this effort cannot be accommodated with 
     the limited resources available this year.


                       Historic Preservation Fund

       The conference agreement provides $72,412,000 for the 
     Historic Preservation Fund instead of $40,812,000 as proposed 
     by the House and $55,612,000 as proposed by the Senate.
       The conference agreement provides $42,412,000 for Grants-
     in-aid instead of $40,812,000 as proposed by the House and 
     $45,612,000 as proposed by the Senate. The changes to the 
     House level include a decrease of $700,000 for Historically 
     Black Colleges and Universities, an increase of $2,000,000 
     for State grants and an increase of $300,000 for

[[Page H11372]]

     Tribes. Within the funds for HBCUs, $200,000 is earmarked for 
     an assessment of all buildings eligible for funding under the 
     1996 Omnibus Parks Bill. The Committees intend that HBCU 
     funds be allocated based on completed assessments and that no 
     HBCU be given more than $1,000,000 in this fiscal year. Given 
     this increase, the new base for HBCUs is $7,000,000. The 
     additional funds provided for grants-to-States are for 
     preservation projects and other purposes consistent with 
     the Historic Preservation Act, and may be allocated by 
     individual States according to State priorities.
       The conference agreement provides $30,000,000 for a new 
     two-year Millennium Program as proposed by the Senate. The 
     Committees intend that these individual grants be matched on 
     a 60 percent non-Federal to 40 percent Federal basis. 
     Projects are limited to items traditionally funded in the 
     Interior and Related Agencies Appropriations Act and the 
     National Archives Projects under the jurisdiction of other 
     Federal agencies will not be funded and no funds may be 
     allocated to the States. Most States have budget surpluses 
     and should be able to support their own programs. The 
     agencies should work together to establish specific criteria 
     for proposing Millennium projects which consider national 
     significance, meet the matching requirement, have an 
     educational component, and will not require additional funds 
     in future years. The National Park Service in cooperation 
     with the Smithsonian Institution and any other eligible 
     agency should submit the criteria and the project list to the 
     House and Senate Appropriations Committees for final 
     approval. Within these funds $3,000,000 is for the Star 
     Spangled Banner restoration and $500,000 is for the Sewall-
     Belmont House, and funds necessary to completely restore the 
     Declaration of Independence and the U.S. Constitution located 
     in the National Archieves.


                              Construction

       The conference agreement provides $226,058,000 for 
     construction instead of $149,000,000 as proposed by the House 
     and $210,116,000 as proposed by the Senate. The Committees 
     agree to the following distribution of funds:


        Project                                                  Amount
Accokeek Foundation, MD (rehab)................................$300,000
Adams NHS, MA (repair/rehab.).................................1,724,000
Antietam NB, MD (restore structures)..........................1,190,000
Black Archives, (FL A&M Univ. const.).........................1,000,000
Blackstone River Valley, RI/MA (exhibits).......................750,000
Blue Ridge Parkway, VA (repair).................................200,000
Boston African-American NHS, MD (rehab).......................1,398,000
Brown v. Board of Education NHS, KS (rehab)...................4,000,000
C&O Canal MD (relocate visitor center)........................1,200,000
Canaveral NS, FL (Seminole Rest)................................800,000
Cape Hatteras NS, NC (reloc. Light station)...................9,800,000
Charleston School Dist., AR (exhibits)..........................200,000
Chickasaw NRA, OK (Campground)................................1,270,000
Congaree Swamp NM, SC (access road)...........................2,300,000
Cuyahoga Valley NRA, OH (repair/rehab)........................4,470,000
Dayton Aviation NHP, OH (comp. Hoover)........................1,305,000
Delaware Water Gap NRA, PA (repaired dams)......................840,000
Delaware Water Gap NRA, PA (trail)............................3,500,000
Delaware Water Gap NRA, (Zimmermann House)......................750,000
Edison NHS, NJ (rehab)..........................................507,000
Eisenhower NHS, PA (fire protection)..........................1,310,000
Ellis Island NJ-NY (stabilization)............................2,000,000
Everglades NP, FL (water system).............................14,000,000
FDR Home/Vanderbilt NHS, NY (rehab)...........................1,000,000
Field Museum, IL (rehab)......................................2,000,000
Fort McHenry NM & HS, MD (rehab)................................900,000
Fort Necessity NB, PA (VC)....................................3,400,000
Fort Point NHS, CA (repair)...................................2,158,000
Fort Smith NHS, AR (rehab)....................................1,550,000
Fort Stanwix NM, NY (rehab).....................................500,000
Gateway NRA, NY (rehab).......................................5,690,000
Gateway NRA, NJ (rehab lighthouse)..............................884,000
George Washington Mem. Parkway, VA..............................300,000
Glacier Bay NP&P, AK (rehab)..................................3,988,000
Glen Canyon NRA, AZ (improve Lake Powell).....................2,040,000
Golden Gate NRA, CA (rehab Alcatraz)..........................5,580,000
Great Smoky Mts. NP, TN-NC (trails).............................970,000
Harpers Ferry NHP, WV (stabilization).........................1,200,000
Hecksher Museum, NY (renovation)................................500,000
Hispanic Cultural Center, NM (arts center)....................3,000,000
Independence NHP, PA (redevelopment)..........................3,500,000
Jean Lafitte NHP&P, LA (rehab)................................2,000,000
Jimmy Carter NHS, GA (restore home site)......................1,435,000
Katmai NP&P, AK (visitor facilities)..........................3,000,000
Kendall Co. Courthouse, IL (restoration)......................1,500,000
Lake Mead NRA, NV (replace water treat).......................8,550,000
Lake Mead NRA, NV (replace water treat).......................1,342,000
Lewis & Clark NHT, IL (VC)....................................4,000,000
Longfellow NHS, MA (rehab structures).........................1,645,000
Mammoth Cave NP, KY (rehab)...................................1,120,000
Minute Man NHP, MA (safe visitor access)......................1,200,000
Natchez NHP, MS (restore houses)................................876,000
National Constitution Center, PA.............................10,000,000
New Jersey Coastal Heritage Trail, NJ...........................411,000
New River Gorge NR, WV (rehab)..................................525,000
Olympic NP, WA (Quinault VC)....................................525,000
Perry's Victory & IPM, OH (rehab.)............................2,200,000
Sequoia NP, CA (restore Giant Forest).........................6,000,000
Shenandoah NP, VA (rehab utility systems).....................4,980,000
Shiloh NMP, TN (stop riverbank erosion).......................2,000,000
Sitka NHS, AK (rehab bldgs)...................................1,120,000
Sotterly Plantation, MD (restoration)...........................600,000
Southwest Penn Heritage Comm. (rehab).........................2,000,000
Stones River NB, TN (exhibits)..................................300,000
Susan B. Anthony House, NY (rehab)..............................550,000
Tuskegee Airman NHS, AL (emergency stabilization).............2,100,000
U-505, IL (rehab).............................................1,000,000
Ulysses S. Grant NHS Hist. Site, MO (rehab).....................968,000
Vicksburg NMP, MS (restore bldgs.)............................1,200,000
Virginia City, MT (restoration)...............................1,000,000
Wheeling, WV (restoration)......................................600,000
Women's Rights NHP, NY (trail study)............................100,000
Wrangell St. Elias NP&P, AK (VC)..............................8,600,000
Yellowstone NP, WY (sewer replacement)..........................500,000
Zion NP, UT (visitor transport system)........................3,640,000
                                                       ________________
                                                       
  Project Total.............................................171,561,000
Emergency/unscheduled housing................................15,000,000
Planning.....................................................16,370,000
Equipment Replacement........................................15,402,000
General Management Plans......................................7,725,000
                                                       ________________
                                                       
    Grand Total.............................................226,058,000

       The Committees have agreed to provide $16,370,000 for 
     construction planning. Within this amount are specific 
     construction planning funds as follows: (1) $164,000 for 
     construction planning at Chickasaw NRA, (2) $265,000 for 
     construction planning at Congaree Swamp NM, (3) $295,000 for 
     construction planning at the Dayton Aviation NHP, (4) 
     $120,000 for construction planning for the Zimmermann House 
     in the Delaware Water Gap NRA, (5) $100,000 for construction 
     planning at the FDR Home NHS, (6) $162,000 for construction 
     planning of the water system at Guadalupe Mts. NP, (7) 
     $200,000 for construction planning at Jean Lafitte NHP&P, (8) 
     $25,000 for construction planning of the Quinault Visitor 
     Center in Olympic NP, (9) $100,000 for construction planning 
     at Sitka NHS, and (10) $100,000 for construction planning at 
     Hovenweep NM.
       The Committees continue to have strong concerns regarding 
     the construction program of the National Park Service. The 
     review directed by the Committees and conducted by the 
     National Academy of Public Administration (NAPA) during 
     fiscal year 1998 recommended significant changes in the way 
     the Service manages its construction program. Both the House 
     and Senate took significant steps towards a restructuring of 
     the program consistent with the NAPA recommendations. The 
     Service also responded favorably to the NAPA recommendations 
     and presented the Committees with an implementation plan 
     identifying actions the Service will take to ensure 
     compliance with the NAPA recommendations. The Service should 
     proceed diligently with execution of the plan so that the 
     NAPA reforms are implemented by the end of fiscal year 1999.
       The Committees remain committed to reforms in the 
     construction program that will ensure more cost-effective 
     projects, less expensive program oversight, and greater use 
     of external rather than in-house capabilities, particularly 
     in the areas of planning, design, and project management. The 
     Committees emphasize that the reforms included in the NAPA 
     report apply to the entirety of the Service line-item 
     construction program, not just those projects managed by the 
     Denver Service Center.
       The Committees expect the Service to keep them informed on 
     a regular basis regarding the downsizing of the Denver 
     Service

[[Page H11373]]

     Center and the transition to a new organizational structure 
     that will be capable of executing the reforms outlined in the 
     NAPA report and in the Service implementation plan. In order 
     to assist with the downsizing, the Committees have included 
     bill language which provides buyout authority for employees 
     at the Denver Service Center, as well as the Presidio and 
     Golden Gate National Recreation Area, where a similar 
     downsizing need exists.
       Consistent with the NAPA recommendations and the Service 
     implementation plan, the Committees recommend the following 
     amounts within the construction appropriation for conducting 
     the construction program in fiscal year 1999: Base operations 
     for Denver Service Center, $16,100,000; program oversight 
     within the office of the Associate Director for Professional 
     Services, $1,000,000; planning, 10 percent of net 
     construction; and centrally administered funds for pre-design 
     and special studies of proposed line-item construction 
     projects, $4,500,000. In fiscal year 1999, funding for these 
     activities shall not exceed the specified amount, and will be 
     paid for from savings resulting from application of the NAPA 
     recommended planning, oversight, and contingency percentages 
     to the line-item projects that are managed by the Service and 
     funded in this Act. Starting with the fiscal year 2000 
     budget, NPS should identify and justify each of these 
     elements as a separate line item in the construction budget. 
     Funding for the one-time transition costs associated with the 
     downsizing to 260 FTEs is to come from unobligated 
     construction balances and application of the NAPA percentages 
     to unstarted prior year construction projects. Should 
     additional costs be identified as implementation proceeds, 
     the Service should submit a reprogramming request for the 
     Committees' consideration.
       Further, with regard to the construction program, the 
     Committees agree to the following:
       1. Once the savings are identified by project, the Denver 
     Service Center may not charge or assess any cost to the 
     fiscal year 1999 line-item activity or the subactivity for 
     planning and design;
       2. The planning and predesign funds are for activities 
     associated with outyear projects, consistent with the five-
     year plan, with an emphasis on projects expected to be 
     pursued in the first two or three years;
       3. The Service shall provide the Committees with a report 
     on the proposed allocation, by project and purpose, of the 
     funds provided for both planning and predesign;
       4. General management plans will continue to be funded in 
     the same manner as proposed in the budget; however, the 
     Committees reiterate their strong admonition to all levels of 
     the Service that these documents must become more realistic 
     and programmatic in the expectations they identify;
       5. The Service must establish an effective method for 
     tracking project costs using the new practices stemming from 
     the NAPA report. This system must be used by all parties 
     participating in the line-item program (including parks and 
     regions) and must ensure that project costs are accounted for 
     by line-item and fiscal year; and
       6. Any exceptions to the NAPA recommended percentage of 
     projects to be planned in-house must be presented to the 
     Committees for approval.
       The Committees have not included the $3,300,000 requested 
     for water and sewer lines at Acadia National Park because the 
     project will be completed with maintenance funding provided 
     in Title V of the fiscal year 1998 bill.
       The Committees have agreed to provide $300,000 to the 
     Accokeek Foundation and $600,000 for the Sotterly Plantation 
     in Maryland subject to matching non-Federal funds. These 
     funds complete the Federal contribution to both projects.
       The conference agreement provides $4,000,000 to begin 
     restoration of the Brown v. Board of Education facility in 
     Kansas. The Committees note that the Administration did not 
     request these funds in fiscal year 1999 and encourage the 
     Department to include the final phase of funding in the 
     fiscal year 2000 budget request. The Committees are concerned 
     over the estimated cost to complete the visitor center 
     portion of the project and urge the Park Service to reduce 
     considerably the total and to consider private cost sharing.
       Funds provided for the Canaveral National Seashore Seminole 
     Rest project should complete the projects described in the 
     House report--specifically some trails, exhibits, parking and 
     modest restroom facilities. By providing the $800,000, the 
     Committees have not committed to additional projects outlined 
     in the Development Concept Plan. None of these funds should 
     be used for additional planning and design beyond the work 
     specified above. If these funds are not enough to complete 
     this work, then the project should be scaled back.
       An amount of $2,000,000 is provided on a one-time basis for 
     the completion of the Sidney R. and Addie Yates Exhibition 
     Center at the Field Museum in Chicago, Illinois. The $500,000 
     for renovations at the Hecksher Museum in New York is also 
     provided on a one-time basis. Funds provided for the Kendall 
     County Courthouse are on a one-time basis.
       Of the construction funds provided for Fort Smith NHS, up 
     to $50,000 shall be available for the Secretary of the 
     Interior to study the feasibility of including the historic 
     Hot Springs High School within the Hot Springs National Park 
     in Arkansas.
       Funds provided for the Fort Necessity and Lewis and Clark 
     Visitor Centers will complete the Federal share of these 
     projects. Funds provided for the Hovenweep National Monument 
     are for design of a visitor center to replace the current 
     administrative/visitor contact building. The existing 
     structure is a deteriorating cabin that lacks appropriate 
     space and access, and which is a safety hazard due to 
     structural deficiencies and rodent infestation. The 
     Committees understand that the funds provided are the amount 
     that can be obligated by the Service in fiscal year 1999.
       The Committees intend that $300,000 of the $2,000,000 
     provided to the Southwest Pennsylvania Heritage Commission is 
     to be used for the rehabilitation of the historic Bedford 
     Springs Hotel in Pennsylvania.
       The $10,000,000 provided for the National Constitution 
     Center does not commit the Congress to additional funds for 
     this project. The Committees, while supportive of the 
     concept, encourage the Center to consider downscaling the 
     size of the facility and to ensure that all components are 
     consistent with the park's general management plan. The 
     Committees further understand that the National Constitution 
     Center will be entirely self-sustaining and that no Service 
     funds will ever be required for operation of the facility. 
     Further, the Committees urge the city of Philadelphia to 
     enter into a binding legal agreement with the Center to take 
     responsibility for the Center should operating funds be 
     insufficient to manage the site in the future.
       The Committees have included $1,000,000 for rehabilitation 
     of the U-505 submarine in Illinois and $1,000,000 for 
     Virginia City, MT restoration. Each of these projects are 
     funded on a one-time only basis.
       No funding is provided for constructing a biocontainment 
     facility in Montana as proposed by the Senate for research on 
     contagious diseases that can impact domestic livestock. The 
     lead agency for such a project and any future Federal funding 
     should be the responsibility of the U.S. Department of 
     Agriculture. The Service may serve in a consultative role for 
     this project.
       Bill language is provided in Title III General Provisions 
     which directs that the remaining $250,000 appropriated as 
     part of Public Law 105-83 in the National Park Service 
     construction account for fiscal year 1998 for an 
     environmental impact statement of a site for an interpretive 
     center along the Blue Ridge Parkway near Roanoke, Virginia, 
     may be used for the construction of an interpretive center 
     outside the boundaries of the Blue Ridge Parkway. This 
     completes the Federal share of the project.
       The Committees have included $3,000,000 to initiate 
     planning, design and construction for improved visitor use 
     facilities at the Brooks River area at Katmai National Park 
     and Preserve. These funds will assist with providing improved 
     day use and overnight accommodations, platforms and 
     boardwalks to enhance bear viewing, provision of access and 
     safety for boats and floatplanes, visitor orientation and 
     contact, and other visitor amenities.
       The Committees direct the Service to use funds provided in 
     fiscal year 1998 for the Seward Interagency Center for its 
     designated purpose, notwithstanding the absence of a lease-
     back agreement with the City of Seward. The Committees direct 
     the Service to explore cost-sharing with State and local 
     entities and to report back to the Senate and House 
     Appropriations Committees on cost estimates for this facility 
     in Seward.
       The funds provided for the proposed Tuskegee NHS are for 
     emergency stabilization costs only. Specifically, the funds 
     are for hangar number one, the control tower, the 
     Administration/locker building, all ranks club, three sheds, 
     a preliminary archeological survey and some oral history 
     documentation. The Committees understand that these projects 
     can be completed with these funds. This amount does not 
     commit the Committees to any additional work mentioned in the 
     Tuskegee Airmen Special Resource Study prepared by the Park 
     Service's Atlanta Regional Office.
       These funds may not be used to initiate any additional 
     planning or design beyond the $2,100,000. Any future funds 
     for this site will be subject to matching requirements. These 
     funds are subject to authorization of the site.
       A total of $1,200,000 is provided for the relocation of the 
     visitor center at the C&O Canal in Cumberland, MD. This 
     completes the project.
       Within the funds provided for general management plans and 
     special resource studies, the National Park Service shall 
     conduct a feasibility study regarding the Saxton McKinley 
     House and the National First Ladies' Library in Canton, OH 
     for possible inclusion in the system, or for other possible 
     affiliation that will allow for NPS support and assistance to 
     this worthwhile project. The National Park Service should 
     consider various alternatives for providing ongoing 
     assistance to the Saxton McKinley House and National First 
     Ladies' Library, including possible satellite affiliation 
     with Cuyahoga Valley National Recreation Area, establishment 
     of an endowment, or a technical assistance program involving 
     cooperative agreements and grants. The Saxton McKinley House 
     is owned by the National Park Service, and the National First 
     Ladies' Library is the first ever facility dedicated to 
     documenting the lives and accomplishments of America's 41 
     first ladies and other important American women in history.

[[Page H11374]]

                    Land and Water Conservation Fund

                              (Rescission)

       The conference agreement rescinds the contract authority 
     provided for fiscal year 1999 by 16 U.S.C. 460l-10a.


                 Land Acquisition and State Assistance

       The conference agreement provides $147,925,000 for land 
     acquisition instead of $69,000,000 as proposed by the House 
     and $88,100,000 as proposed by the Senate. The Committees 
     agree to the following distribution of funds:


        State and Project                                        Amount
ME--Acadia NP................................................$1,000,000
MD--Antietam NB...............................................1,900,000
Multi--Appalachian Trail......................................8,100,000
NM--Aztec Ruins.................................................600,000
NM--Bandelier NM................................................300,000
CO--Black Canyon of the Gunnison NM.............................200,000
NC--Blue Ridge Parkway (Grandmother Mt.)........................500,000
GA--Chattahoochee River NRA..................................15,000,000
MD--Cheasapeake and Ohio Canal NHP..............................250,000
OH--Cuyahoga Valley NRA.......................................1,000,000
WA--Ebey's Landing NH Res.....................................1,500,000
FL--Everglades NP............................................20,000,000
WV--Gauley River NRA............................................500,000
VA--George Washington Birthplace NM (Ferry Farm)..............2,000,000
PA--Gettysburg NMP............................................1,000,000
FL--Grant to State of FL.....................................60,000,000
IN--Indiana Dunes...............................................750,000
LA--Jean Lafitte NHP..........................................1,000,000
AK--Katmai NP&P...............................................4,400,000
MI--Keweenaw NHP................................................200,000
NJ--Morristown NHP..............................................925,000
MS--Natchez NHP/Ft. Rosalie Property............................350,000
WV--New River Gorge NR..........................................750,000
MT--Nez Perce NHP...............................................500,000
TX--Palo Alto Battlefield NHS.................................1,000,000
VA--Petersburg NB...............................................900,000
NM--Petroglyphs NP............................................3,000,000
VA--Prince William Forest Park..................................500,000
CO--Rocky Mountain NP (Kemp Property)...........................250,000
AZ--Saguaro NP................................................2,000,000
CA--Santa Monica NRA..........................................2,000,000
MI--Sleeping Bear Dunes NL......................................800,000
TN--Stones River NB.............................................750,000
MS--Vicksburg NMP...............................................500,000
                                                       ________________
                                                       
    Subtotal................................................134,425,000
                                                       ================

Emergencies/hardships.........................................3,000,000
Inholdings and Exchanges......................................1,500,000
Acq. Management...............................................8,500,000
State Grants Administration.....................................500,000
                                                       ________________
                                                       
    Total..................................................$147,925,000

       The conference agreement includes bill language which makes 
     the $60,000,000 appropriated for Everglades State grants 
     subject to an equal match of State funds provided during 
     fiscal year 1999. The State may not use funds for land 
     acquisition which were previously provided in another fiscal 
     year as the match.
       The conference agreement contains bill language in General 
     Provisions, Department of the Interior, which permits the 
     Service to purchase property within the boundaries of the 
     Chickamauga and Chattanooga National Military Park with 
     appropriated funds or through donation or exchange. Also 
     included is language which directs that settlement funds for 
     the acquisition of the Gherini Ranch in California be derived 
     from the Claims and Judgments account within the Department 
     of Justice.
       The $500,000 provided for Santa Monica Mountains is to be 
     used exclusively for the backbone trail and must be matched 
     with non-Federal dollars.
       The Committees are modifying the reprogramming guidelines 
     regarding land exchanges. The agencies must submit proposed 
     land exchanges in excess of $2,000,000 to the Committees on 
     Appropriations for a 30 day period of review.


                       Administrative Provisions

       The conference agreement prohibits the closure of the Mount 
     McKinley airstrip in Alaska as proposed by the Senate. The 
     House had no similar provision.
       The Committees further note that the Secretary has provided 
     assurances that the McKinley airstrip will not be closed 
     during 1999, and that no such action will be taken without 
     further consultation with the Committees. The Committees 
     strongly encourage the Park Service to work closely with the 
     aviation community and other interested parties to ensure 
     that adequate air access to the Park is maintained.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       The conference agreement provides $797,896,000 for surveys, 
     investigations, and research instead of $774,838,000 as 
     proposed by the House and $772,115,000 as proposed by the 
     Senate.
       Increases above the House include $500,000 for Eros Data 
     Center data archiving, $2,000,000 for the minerals at risk 
     program, $250,000 for the Hawaii Volcanoes Observatory, 
     $100,000 for a water monitoring well in Hawaii, $250,000 for 
     endocrine disruption studies, $500,000 for aquatic systems 
     research, $1,000,000 for Federal lands research, $250,000 for 
     a heating and cooling system at the Leetown Science Center, 
     and $1,000,000 for clean water and watershed restoration.
       Decreases below the House include $1,921,000 for the 
     national mapping program as part of the reinventing 
     government initiative, $1,219,000 for the water resources 
     program as part of the reinventing government initiative, 
     $750,000 for the national water quality assessment program, 
     and $500,000 for the Federal/State cooperative program.
       The Committees have earmarked $160,221,000 for biological 
     research instead of $150,871,000 as proposed by the House and 
     $154,581,000 as proposed by the Senate. Within the amount, 
     the Committees have provided $6,600,000 for research 
     activities in the North Pacific Ocean by way of a grant to 
     the University of Alaska. These funds are in lieu of funds 
     proposed to be provided to the National Oceanic and 
     Atmospheric Administration under Title VI of the Senate bill.
       Other increases above the House mark for the biological 
     research program include $500,000 for fish passage research; 
     $1,000,000 for research on watershed restoration and related 
     issues including fish health in the Chesapeake Bay, the role 
     of contaminants in restoration of habitats suitable for self-
     sustaining fisheries, and restoration of acid mine drainage 
     water; and $250,000 to plan and design a new heating and 
     cooling system for the National Fish Health Research 
     Laboratory at the Leetown Science Center. The Committees 
     understand that the maintenance needs of the Survey are being 
     included as part of the Department's 5-year maintenance 
     planning effort and encourage the Survey to reflect these 
     needs in future budget requests.
       In addition to the increases stated above, the Committees 
     have provided the following additional funds for clean water 
     and fixed costs: (1) $5,500,000 for the national water 
     quality assessment program, (2) $2,000,000 for the Federal/
     State cooperative program, (3) $1,500,000 for hydrologic 
     network and analysis, (4) $1,000,000 for biological research 
     and monitoring, and (5) $5,000,000 in undistributed fixed 
     costs.
       The Committees have provided additional funds for the 
     cooperative research units and direct the Survey to use this 
     money to fill as many personnel vacancies as possible.
       The Committees are concerned with reports they have 
     received that suggest USGS is providing or seeking to provide 
     a variety of commercial services to Federal and non-Federal 
     entities in direct competition with the private sector. The 
     Senate Committee on Governmental Affairs is attempting to 
     address this issue on a broader scale as part of a government 
     reform package being negotiated with the Administration. In 
     the meantime, the Committees encourage the Survey to use the 
     services of the private sector in the conduct of its 
     activities wherever feasible, cost effective, and consistent 
     with the principles pertaining to the effective performance 
     of governmental functions. The Survey should share with the 
     House and Senate Committees on Appropriations information 
     regarding its past, present, and future efforts to pursue 
     opportunities to use the capabilities of the private sector.


                       Administrative Provisions

       The Committees have included bill language clarifying the 
     status of official travel for student employees.

                      Minerals Management Service


                Royalty and Offshore Minerals Management

       The conference agreement provides $117,902,000 for royalty 
     and offshore minerals management instead of $116,402,000 as 
     proposed by the House and $117,275,000 as proposed by the 
     Senate.
       Increases above the House include $600,000 for the 
     Mississippi Marine Mineral Resource Center and $900,000 to 
     the Offshore Technology Resource Center.
       The Committees have provided $900,000 to the Offshore 
     Technology Resource Center at Texas A&M University for high-
     priority offshore research associated with deepwater 
     development. While the Committees support these research 
     efforts, they have provided these funds with the 
     understanding the total Federal contribution to this 
     cooperative effort among the Federal government, industry, 
     and the University will be kept to a minimum.
       The Committees encourage MMS to maintain its current 
     financial terms for deepwater leases for the remainder of the 
     incentive period.
       Language has been included under General Provisions, 
     Department of the Interior, providing that royalty payments 
     made by small refiners under the small refiner royalty-in-
     kind program represent payment in full and are a refiner's 
     total obligation to the United States.


                           Oil Spill Research

       The conference agreement provides $6,118,000 for oil spill 
     research as proposed by both the House and the Senate.

          Office of Surface Mining Reclamation and Enforcement


                       Regulation and Technology

       The conference agreement provides a total of $93,353,000 
     for regulation and technology instead of $93,349,000 as 
     proposed by the House and $92,909,000 as proposed by the 
     Senate. Funding adheres to the House proposal except that the 
     Senate proposed funding level prevails for the environmental 
     restoration activity.

[[Page H11375]]

                    Abandoned Mine Reclamation Fund

       The conference agreement provides $185,416,000 for the 
     abandoned mine reclamation fund as proposed by the House 
     instead of $183,057,000 as proposed by the Senate. Funding 
     for the activities should adhere to the House report. The 
     conference agreement provides $7,000,000 for the Appalachian 
     Clean Streams Initiative as proposed by the House and no 
     funds are provided for a new western mine lands initiative. 
     The Appalachian Clean Streams program has had initial 
     success, but it is premature to dilute this effort and the 
     limited resources available for a nation-wide program when 
     the problems in Appalachia remain so substantial.

                        Bureau of Indian Affairs


                      Operation of Indian Programs

       The conference agreement provides $1,584,124,000 for the 
     operation of Indian programs instead of $1,558,425,000 as 
     proposed by the House and $1,544,695,000 as proposed by the 
     Senate.
       Increases above the House include $1,584,000 for ISEP 
     formula funds, $500,000 for ISEP adjustments, $1,831,000 for 
     student transportation, $1,000,000 for tribally controlled 
     community colleges, $2,000,000 for probate backlog, 
     $1,273,000 for environmental cleanup, $2,500,000 for ADP 
     central program management, $700,000 for land records 
     improvement, $500,000 for the United Tribes Technical 
     College, $1,045,000 for uncontrollable costs in special 
     programs and pooled overhead, $70,732,000 for the law 
     enforcement program is transferred from tribal priority 
     allocations to special programs and pooled overhead; 
     $10,000,000 for the law enforcement initiative, and 
     $7,000,000 in undistributed fixed costs.
       Decreases below the House include $1,359,000 for 
     uncontrollable costs in tribal priority allocations, 
     $2,000,000 for welfare assistance, $70,288,000 for the 
     transfer of law enforcement activities to special programs 
     and pooled overhead, $250,000 for fishing access sites, 
     $54,000 for uncontrollable costs in non-recurring programs, 
     $427,000 for Gila River Farms, $91,000 for uncontrollable 
     costs in area office operations, and $500,000 for GSA 
     rentals. In addition, no new funds have been provided for 
     small and needy tribes.
       The Committees have earmarked $100,000 within available 
     funds for the Indian Arts and Crafts Board to address 
     enforcement issues mandated in the Indian Arts and Crafts Act 
     of 1990.
       The Committees have agreed not to include bill language or 
     funding for adult care institutions.
       The Committees are concerned that certain funds 
     appropriated to support trust system improvements will be 
     used for other purposes by tribal entities or BIA agency 
     offices. Consequently, the Committees direct that no funding 
     for non-recurring programs, probate backlog reductions, and 
     for area office operations, land records improvements, be 
     transferred into the base budget of any tribe.
       The Committees are also concerned that funds in tribal 
     priority allocations, trust services, real estate services 
     and real estate appraisals could be moved to other TPA 
     programs under current reprogramming guidelines. This action 
     would frustrate the intention to support trust system 
     improvements. Therefore, real estate services and real estate 
     appraisals funding are not to be reprogrammed for other 
     purposes without Committee approval, including funds within 
     self-governance compacts and the consolidated tribal 
     government program budget elements.
       The Committees have agreed to consolidate all law 
     enforcement activities in the amount of $94,234,000 under 
     special programs and pooled overhead. The Committees further 
     direct the BIA not to transfer or reprogram any of these 
     funds without the express approval of the Committees.
       The Committees have included language that allows the 
     Bureau of Indian Affairs to deal with the United Keetoowah 
     Band of Cherokees and the Delaware Band of Indians on issues 
     of funding, but prevents these tribes from establishing trust 
     holdings within the Cherokee's original boundaries without 
     Cherokee consultation.
       The Committees are concerned with the lack of progress made 
     by the Bureau and the Department in the assessment of Indian 
     agriculture and therefore direct the Bureau to complete by no 
     later than February 1, 1999 the study of Indian agriculture 
     through the implementation of the American Indian Agriculture 
     Resource Management Act.
       The Committees have included bill language under Title I 
     General Provisions requiring the Bureau of Indian Affairs to 
     submit a report to Congress by April 1, 1999 that includes 
     recommendations and alternatives to fund tribal priority 
     allocations (TPA) in future years. In developing its 
     recommendations, the Bureau is to consider relative tribal 
     need and tribal revenues, excluding certain payments made by 
     the Federal government and certain other income. The Bureau 
     is also directed to consider the financial obligations of a 
     tribe, its compliance with the Single Audit Act and the 
     Indian Gaming Regulatory Act, and its compact with its state. 
     The report should contain proposed methods to acquire data 
     necessary to the development of TPA funding recommendations 
     that may not be available to the Bureau currently. Any 
     tribe's voluntary return of appropriations for distribution 
     to other tribes will not alter the relationship that exists 
     between the tribe and the Federal government or any 
     obligation between the two. The Committees have provided 
     $250,000 for the TPA work group to help develop this new 
     distribution methodology.


                              Construction

       The conference agreement provides $123,421,000 for 
     construction as proposed by the Senate instead of 
     $121,695,000 as proposed by the House.
       Changes to the House include an increase of $1,821,000 for 
     education facilities improvement and repair, and a decrease 
     of $95,000 for uncontrollable costs.


 Indian Land and Water Claim Settlements and Miscellaneous Payments to 
                                Indians

       The conference agreement provides $28,882,000 for Indian 
     land and water claim settlements and miscellaneous payments 
     to Indians as proposed by the Senate instead of $28,396,000 
     as proposed by the House.
       Changes to the House include an increase of $500,000 for 
     Aleutian Pribilof repairs, and a decrease of $14,000 for 
     uncontrollable costs.


                 Indian Guaranteed Loan Program Account

       The conference agreement provides $5,001,000 for the Indian 
     guaranteed loan program as proposed by both the House and 
     Senate.


                    indian land consolidation pilot

       The Committees have provided $5,000,000 to establish a 
     pilot program to address the serious trust problems 
     associated with fractionated ownership of Indian lands. The 
     goal of this pilot program is to consolidate ownership of 
     fractionated lands, maximize the economic benefits and 
     utilization of these lands, and to improve the Federal 
     governments ability to administer and manage trust lands.

                          Departmental Offices

                            Insular Affairs


                       Assistance to Territories

       The conference agreement provides $66,175,000 for 
     assistance to territories instead of $64,175,000 as proposed 
     by the House and $66,045,000 as proposed by the Senate. The 
     conference agreement funding adheres to the House proposal 
     except it does not include the $2,000,000 general reduction. 
     There is no reduction to the Northern Marianas covenant grant 
     mandatory funding, which remains at $27,720,000 as proposed 
     by both the House and the Senate. The conference agreement 
     concurs with the Senate language regarding the withholding of 
     American Samoa construction funds in the amount of $2,000,000 
     until issues associated with unpaid off-island medical bills 
     are resolved. The conference agreement does not concur with 
     the Senate language which provides that these funds may 
     ultimately be used to make payment toward satisfying the 
     unpaid medical bills. In addition, the Committees direct the 
     General Accounting Office to complete analyses and reports 
     concerning the CNMI. These reports should be submitted to the 
     Congress by August 30, 1999. The conference agreement concurs 
     with Senate direction that a portion of the CNMI immigration 
     initiative funds be used to establish an ombudsman office, 
     and the agreement further directs that this office be 
     operated in an independent, impartial manner.


                      Compact of Free Association

       The conference agreement provides $20,930,000 for the 
     Compact of Free Association instead of $20,545,000 as 
     proposed by the House and $20,830,000 proposed by the Senate. 
     Funding follows the Senate recommendation except that the 
     supplemental food program for Enewetak support is $25,000 
     below the House proposed level.

                        Departmental Management


                         Salaries and Expenses

       The conference agreement provides $64,686,000 for 
     Departmental Management instead of $58,286,000 as proposed by 
     the House and $60,496,000 as proposed by the Senate. The 
     Committees agree to the following distribution of funds:

Departmental direction......................................$11,579,000
Management and coordination..................................21,598,000
Hearings and appeals..........................................7,213,000
Central services.............................................18,485,000
Bureau of Mines workers compensation/unemployment...............811,000
Glacier Bay Fishing Buyout....................................5,000,000

       The Committees do not agree that the Department of the 
     Interior should reduce by two the number of special 
     assistants to the Secretary positions.
       The Committees have included bill language in Title I 
     General Provisions which permit refunds or rebates received 
     on an on-going basis from a credit card service provider 
     under the Department of the Interior's charge card program to 
     be deposited to and retained without fiscal year limitation 
     in the Departmental Working Capital Fund established under 43 
     U.S.C. Sec. 1467 and used to fund management initiatives of 
     general benefit to the Interior's bureaus and offices as 
     determined by the Secretary or his designee.
       The Committes have provided $5,000,000 for fishing buyouts 
     in Glasis Bay National Park.
       Also included in Title I General Provisions is language 
     which clarifies Congress' intent regarding receipts from all 
     surplus property sales in Florida, which should be deposited 
     into the Everglades Restoration Account for the purposes of 
     conducting ecosystem restoration activities in South Florida.

[[Page H11376]]

                        Office of the Solicitor


                         Salaries and Expenses

       The conference agreement provides $36,784,000 for the 
     Office of the Solicitor instead of $37,304,000 as proposed by 
     the House and $36,464,000 as proposed by the Senate. The 
     difference is a reduction of $520,000 from the House level 
     for general administration.

                      Office of Inspector General


                         Salaries and Expenses

       The conference agreement provides $25,486,000 for the 
     Office of Inspector General as proposed by the Senate instead 
     of $24,499,000 as proposed by the House.

             Office of Special Trustee for American Indians


                         Federal Trust Programs

       The conference agreement provides $39,499,000 for Federal 
     trust programs as proposed by the House instead of 
     $38,000,000 as proposed by the Senate.
       The Committees have included bill language proposed by the 
     Senate and preferred by the Administration, modifying House 
     language by requiring annual statements for small account 
     holders.
       The Committees have provided bill language under Title I 
     General Provisions that would provide increased flexibility 
     to meet potential unfunded trust management improvement 
     needs. The language would authorize the use of current year 
     and prior year unobligated funds available under all BIA and 
     OST appropriations accounts for Indian trust management 
     improvements pursuant to the Trust Management Project High 
     Level Implementation Plan. The Department will be required to 
     follow Committee reprogramming procedures. Adherence to such 
     reprogramming procedures is required to ensure the allocation 
     of funding by the Committees is preserved, while allowing any 
     available OST and BIA funds to be reprogrammed from areas 
     where they may be no longer necessary or of lower priority 
     due to changed circumstances.

           Natural Resource Damage Assessment and Restoration


                Natural Resource Damage Assessment Fund

       The conference agreement provides $4,492,000 for the 
     natural resource damage assessment fund as proposed by the 
     House instead of $5,228,000 as proposed by the Senate. The 
     conference agreement also corrects an error in the House bill 
     as proposed by the Senate to change the word ``obligated'' to 
     ``unobligated''.

            Management of Federal Lands for Subsistence Uses


           Subsistence Management, Department of the Interior

       The conference agreement provides $8,000,000 for 
     subsistence management, Department of the Interior. Neither 
     the House nor the Senate provided funding for this purpose. 
     This new account and a similar account in the Forest Service 
     provide funds to implement and enforce certain Federal 
     regulations dealing with preference for subsistence uses, 
     including those dealing with fish and wildlife, on navigable 
     rivers in Alaska that are subject to Federal reserved water 
     rights. The conditions associated with the availability and 
     use of these funds are contained in section 339 of this Act.

             General Provisions--Department of the Interior

       Sections 101 through 114 included in the conference 
     agreement are identical to those contained in both the House 
     and Senate bills.
       Section 115 prohibits the National Park Service from 
     reducing recreation fees for non-local travel through any 
     park unit as proposed by the House. The Senate had no similar 
     provision.
       Section 116 modifies language proposed by the House and the 
     Senate providing limited authority for voluntary separation 
     incentive payments to employees of the National Park 
     Service's Denver Service Center. The modification extends 
     this authority to employees of the Presidio and Golden Gate 
     National Recreation Area, CA as well.
       Section 117 provides authority to the Secretary to lease 
     space to non-Federal entities and to collect and retain fees 
     for the working capital fund as proposed by both the House 
     and the Senate.
       Section 118 retains House language designating the main 
     trail in the Delaware Water Gap National Recreation Area as 
     the Joseph M. McDade Trail. The Senate had no similar 
     provision.
       Section 119 provides for the protection of the Huron 
     Cemetery in Kansas for religious and cultural uses and as a 
     burial ground as proposed by the Senate. The House had no 
     similar provision.
       Section 120 modifies a Senate provision limiting the 
     issuance of regulations dealing with hardrock mining to 
     reduce the term of a study to be accomplished by the National 
     Academy of Sciences. Under the modified language the report 
     will be due by July 31, 1999. Provisions requiring 
     consultation have been eliminated from the Senate language. 
     The Committees expect the National Academy of Sciences to 
     assure that consultation occurs with relevant state and 
     Federal authorities in the process of conducting the 
     study. Additional changes have been made in the provision 
     to eliminate the requirement for an interim report. The 
     provision has been further modified to specify that no 
     promulgation of final regulations may occur prior to 
     September 30, 1999.
       Section 121 limits overhead charges for the United States 
     Fish and Wildlife Service on funds transferred from the 
     Bureau of Reclamation for implementation of the Upper 
     Colorado River Endangered Fish Recovery Program and the San 
     Juan River Basin Program to no more than 50 percent of the 
     biennially determined full indirect cost recovery rate. The 
     Senate proposed a three per cent limitation on the total 
     amounts transferred. The House had no similar provision.
       Section 122 modifies a Senate provision requiring the 
     Bureau of Land Management to conduct a section 3(e) 
     determination under the Alaska Native Claims Settlement Act 
     to establish proper disposition of a Nome, Alaska property. 
     The land will be conveyed to Kawerak, Inc. as proposed by the 
     Senate if and only if BLM's determination concludes that the 
     Sitnasuak Native Corporation is not entitled to the land in 
     question. The House had no similar provision.
       Section 123 modifies Senate provision imposing a moratorium 
     on new regulations affecting commercial and subsistence 
     fishing in Glacier Bay National Park, AK.
       The Committees have agreed to modify language proposed by 
     the Senate regarding commercial and subsistence fishing in 
     Glacier Bay National Park. The Service is directed to extend 
     the comment period on the pending regulations (62 Fed. Reg. 
     18,547) (April 16, 1997) until January 15, 1999, modify the 
     draft regulations to conform to the fiscal year 1999 Interior 
     Appropriations Bill language and publish the changes in the 
     final regulations. Regulations may be required to implement 
     the compensation plan under subsection (b) of this provision. 
     Finally, it is expected that local residents in close 
     proximity to the park (e.g. Hoonah) will continue to be 
     allowed to fish for personal use (not barter or sale).
       Section 124 allows for the continuation of grazing permits 
     until National Environmental Policy Act work is completed as 
     proposed by the Senate. The House had no similar provision.
       Section 125 provides for the conveyance of specified land 
     to the town of Pahrump, Nevada for public use as proposed in 
     Senate floor action. The House had no similar provision.
       The Committees have modified language dealing with a land 
     exchange in the Izembek National Wildlife Refuge to delete 
     the easement for a road through the refuge. This issue is 
     addressed in section 353.
       Section 126 specifies that Special Federal Aviation 
     Regulation No. 78, regarding commerical air tour operators in 
     the vicinity of the Rocky Mountain National Park, as 
     published in the Federal Register on January 8, 1997, shall 
     remain in effect until otherwise provided by an Act of 
     Congress.
       Section 127 retains Senate language prohibiting the 
     Secretary of the Interior from purchasing land in Alaska 
     without first attempting to acquire such lands through 
     exchange of unreserved public lands. The House had no similar 
     provision.
       Section 128 retains Senate language establishing the 
     Charleston National Commemorative Site in Arkansas. The House 
     had no similar provision.
       Section 129 modifies Senate language requiring the Bureau 
     of Indian Affairs to provide alternative recommendations on 
     the distribution of tribal priority allocations funding that 
     takes into account both tribal needs and tribal revenues. The 
     modification was adopted in Senate floor action.
       Section 130 modifies a provision proposed by the Senate to 
     prohibit the Department of the Interior from issuing 
     regulations relating to the valuation of crude oil for 
     royalty purposes in fiscal year 1999. The modification 
     extends the moratorium until June 1, 1999.
       Section 131 modifies a provision proposed in Senate floor 
     action to authorize funds for matching grants to States for 
     the acquisition of Civil War battlefields. The conference 
     agreement authorizes up to $8,000,000 for such grants, and 
     requires that funds appropriated for this purpose be matched 
     on a two to one basis. The House had no similar provision.
       Section 132 makes a technical correction allowing two 
     parcels of land in Wyoming to be available for leasing for 
     oil and gas development and exploration as proposed in Senate 
     floor action. The House had no similar provision.
       Section 133 amends the Tribal Self-Governance Act to 
     require repayment of misused self-governance funds thereby 
     providing consistency between self-governance compacts and 
     self-determination contracts.
       Section 134 makes a technical correction as proposed in 
     Senate floor action to remove Edisto Island in South Carolina 
     from the Coastal Barrier Resources System. Other removals 
     from the system are addressed under the United States Fish 
     and Wildlife Service and Title III--General Provisions.
       Section 135 provides for a land exchange for Katmai 
     National Park in Alaska as proposed in Senate floor action.
       Section 136 permits the Bureau of Land Management to enter 
     into watershed restoration agreements with both public and 
     private interests.
       Section 137 prohibits the Department of the Interior from 
     issuing regulations relating to Indian gaming prior to March 
     31, 1999.
       Section 138 permits the National Park Service to purchase 
     property within the boundaries of the Chickamauga and 
     Chattanooga National Military Park with appropriated funds or 
     through donation or exchange.

[[Page H11377]]

       Section 139 provides that royalty payments made by small 
     refiners under the small refiner royalty-in-kind program 
     represent payment in full and are the refiner's total 
     obligation to the United States.
       Section 140 permits the remaining $250,000 appropriated as 
     part of Public Law 105-83 for an environmental study of a 
     site for an interpretive center along the Blue Ridge Parkway 
     near Roanoke, Virginia to be used for the construction of an 
     interpretive center outside the boundaries of the Blue Ridge 
     Parkway.
       Section 141 includes language ensuring that property owners 
     included within the boundaries of the Indiana Dunes National 
     Lakeshore at the time of the 1992 Act that expanded the park, 
     are afforded the same opportunities to obtain fixed-term 
     Reservations of Use and Occupancy as homeowners that were 
     incorporated in previous expansions.
       Section 142 directs that payments for the purchase of the 
     Gherini Ranch within the Channel Islands National Park be 
     allocated from the Justice Department's Claims and Judgments 
     account.
       Section 143 renames the Marsh-Billings National Historic 
     Park as the Marsh-Billings-Rockefeller National Historic 
     Park.
       Section 144 includes language which permits refunds or 
     rebates received from a credit card services provider under 
     the Department of the Interior's charge card program to be 
     deposited to and retained without fiscal year limitation in 
     the Department's Working Capital Fund to finance initiatives 
     of general benefit to the bureaus.
       Section 145 names the visitor center at Santa Monica 
     Mountains National Recreation Area, CA the ``Anthony C. 
     Beilenson Visitor Center''.
       Section 146 renames the Redwood Information Center in 
     Orick, CA as the ``Thomas H. Kuchel Visitor Center''.
       Section 147 authorizes the transfer of current year and 
     prior year balances between the Bureau of Indian Affairs and 
     the Office of Special Trustee for American Indians to meet 
     unfunded trust management improvement needs.
       Section 148 clarifies Congressional intent regarding the 
     use of receipts from surplus property sales in Florida for 
     conducting ecosystem restoration activities in South Florida.
       Section 149 provides an easement to the City and Borough of 
     Juneau and the National Marine Fisheries Service across a 60-
     acre parcel of land owned by the National Park Service near 
     Juneau, Alaska. The National Part Service shall retain a 
     right to use the easement to access its lands.
       Section 150 exempts all properties administered by the Park 
     Service at Fort Baker, Golden Gate NRA from certain taxes and 
     special assessments of any kind by the State of California 
     and its political subdivisions, including the County of Marin 
     and the city of Sausalito. This provision does not apply to 
     sales taxes.
       Section 151 authorizes the Secretary of the Interior to 
     negotiate and enter into agreements and leases with entities 
     for property within the Fort Baker site which is part of the 
     Golden Gate NRA. The proceeds of the agreements and leases 
     shall be retained by the Secretary and made available, 
     without further appropriations, for the preservation and 
     operation of the site.
       Section 152 deems the holder of a certain concession 
     contract at Katmai NP as being engaged in adequately 
     providing visitor services pursuant to section 1307(a) of the 
     Alaska National Interest Lands Conservation Act.
       The conference agreement deletes section 121 of the Senate 
     bill relating to the establishment of a hotshot crew in 
     southern Alaska.
       The conference agreement deletes section 122 included in 
     the Senate bill. The Committees are very concerned that any 
     drilling activities off the coast of North Carolina occur 
     only after thorough assessment and compliance with all State 
     and Federal permitting requirements, including all State 
     coastal consistency determinations pursuant to the Coastal 
     Zone Management Act. The Committees expect the Minerals 
     Management Service to closely monitor lease activity in this 
     area during fiscal year 1999 and provide a report to the 
     Committees periodically should permitting activities occur.
       The conference agreement does not include bill language 
     proposed by the Senate prohibiting the Bureau of Indian 
     Affairs and the Department of the Interior from using funds 
     provided under this Act to transfer land in Scott County, 
     Minnesota, into trust. The Committees agreed not to include 
     this language only with the assertion from the Bureau of 
     Indian Affairs and the Department that a decision on any 
     trust application on the land at issue would not be made in 
     fiscal year 1999. With the understanding that land in Scott 
     County, Minnesota will not be transferred into trust in 
     fiscal year 1999, the Committees urge the State, tribe, local 
     government, and Department to work out an agreement regarding 
     the trust application and use of the land.

                       TITLE II--RELATED AGENCIES

                       Department of Agriculture

                             Forest Service


                     forest and rangeland research

       The conference agreement provides $197,444,000 for forest 
     and rangeland research as proposed by the House instead of 
     $212,927,000 as proposed by the Senate. The agreement does 
     not include funding for general administration as proposed by 
     the Senate; this funding remains in the national forest 
     system appropriation as in past years. Program changes to the 
     House recommended funding include increases of $500,000 for 
     wildland ecosystem health restoration in the southwest; 
     $500,000 for CROP type research in those areas where it would 
     be most usefully implemented; $300,000 for the Fairbanks, AK 
     laboratory; $300,000 for the streamside studies, landscape 
     ecology project in the state of Washington as described in 
     the Senate report; $215,000 for termiticide research in MS; 
     and $200,000 for spartina grass research in Puget Sound. 
     Reductions from the House proposed funding include $1,000,000 
     for Forest Inventory and Analysis and $1,015,000 for fixed 
     cost support. The Committees note that the overall funding 
     for Forest Inventory and Analysis is $6,000,000 above the 
     1998 funding level. This large increase should be used as 
     directed in the House and Senate reports and focused on 
     increasing the FIA program's ability to conduct annualized 
     inventories. The Committees direct that funding for the Bent 
     Creek and Coweeta, NC, research follow the budget request.
       The conference agreement concurs with the Senate language 
     directing the Forest Service to place no less than five full 
     time employees in Sitka, AK to establish and operate a 
     harvesting and wood utilization laboratory. The Committees 
     further direct the agency not to reduce ongoing activities at 
     the Forest Products Laboratory in Madison as a result of 
     establishment of the facility in Alaska. The conference 
     agreement does not include the language proposed by the 
     Senate to reduce programs not directly related to enhancing 
     forest and rangeland productivity by $10,000,000. However, 
     the Committees expect the Forest Service to diligently 
     monitor project selection and ongoing programs to ensure that 
     efforts are directly related to the Forest Service mission, 
     yield maximum benefits for costs involved, and result in 
     practical applications. The Committees are concerned about 
     the agency's process of funding an important monitoring and 
     study project in the Pacific Northwest to develop old-growth 
     characteristics in mature second-growth stands. Although the 
     Committees have expressed concern about the need for these 
     funds to be included in the forest and rangeland research 
     appropriation in the annual budget request, this did not 
     occur in fiscal year 1998 nor was it reflected in the fiscal 
     year 1999 budget request. The Committees direct the Forest 
     Service to assure that the fiscal year 2000 budget request 
     includes these funds within the forest and rangeland research 
     appropriation.


                       state and private forestry

       The conference agreement provides $170,722,000 for State 
     and private forestry instead of $156,167,000 as proposed by 
     the House and $165,091,000 as proposed by the Senate. The 
     agreement does not include funding for general administration 
     as proposed by the Senate; this funding remains in the 
     national forest system appropriation as in past years. 
     Funding for forest health management and cooperative fire 
     protection adheres to the House recommended levels except 
     that an increase of $150,000 for the Vermont forest 
     cooperative is included in the cooperative lands forest 
     health management activity. The Forest Service is encouraged 
     to consider assisting the Vermont fire task force work with 
     rural communities to install dry hydrants. Funding for urban 
     and community forestry and forest stewardship adheres to the 
     House proposed program levels with the addition of $100,000 
     for the Chesapeake Bay program as proposed by the Senate and 
     $500,000 for Asian Longhorn Beetle Eradication. The 
     conference agreement increases the House proposed funding for 
     the forest legacy program by $5,000,000. The conference 
     agreement concurs with the House action to provide no 
     funding for the stewardship incentives program. The 
     limited funding resources available have been directed to 
     the forest stewardship and forest legacy programs. The 
     Committees note that benefits accomplished through the 
     forest stewardship program adequately address the 
     interests represented by the stewardship incentives 
     program. Given the shortage of Federal resources for 
     forestry activities, the Committees encourage the Federal 
     cooperative role to focus on professional forestry 
     technical assistance rather than direct payments for small 
     field projects which should be a local or State 
     responsibility.
       The conference agreement concurs with the House direction 
     to create a new allocation method for the urban and community 
     forestry program; the new allocation criteria should focus on 
     program needs and past program accomplishments, and shall not 
     include equal base funding for all individual states or 
     territories. The conference agreement does not concur with 
     the House direction to exclude territories from base funding 
     calculations. The Committees expect the Forest Service to 
     work with the Animal and Plant Health Inspection Service, the 
     State of Illinois and the City of Chicago to survey and help 
     eradicate the Asian longhorn beetle in the Chicago area, and 
     to assist in replanting lost trees.
       The Committees agree that the Forest Service may allocate 
     remaining fiscal year 1998 funds directed for the Alaska 
     spruce beetle task force assessment so long as the funds are 
     used for the highest priority, on-the-ground projects 
     throughout the State aimed at treating fire danger and 
     vegetation mapping. However, prior to such release, the 
     Committees direct the Forest Service to submit a proposal in 
     accordance with reprogramming guidelines which specifically

[[Page H11378]]

     identifies the projects to be undertaken and the estimated 
     costs of such projects. The Committees do not want these 
     funds to be used for bureaucratic efforts such as brochures, 
     public education, or the establishment of any long-term 
     coordinator positions.
       Funds should be distributed as follows for the economic 
     action program and Pacific Northwest assistance:

Economic recovery............................................$3,925,000
Rural development through forestry............................5,000,000
Forest product conservation & recycling.........................950,000
Wood in transportation........................................1,200,000
Columbia River Gorge county payments............................280,000
Hawaii forestry workers training................................250,000
Skamania County, WA land exchange assistance....................200,000
Ketchikan, AK veneer study....................................2,000,000
Taos NM erosion control.......................................1,000,000
Princeton WV hardwood technology center.......................2,500,000
                                                       ________________
                                                       
    Total economic action programs..........................$17,305,000
Gray's Harbor, WA PNW assistance..............................3,000,000
Other Pacific Northwest assistance............................6,000,000

       The economic recovery program funding includes $500,000 for 
     the Four Corners Sustainable forestry initiative as proposed 
     by the House. The Committees have provided $5,000,000 for the 
     rural development through forestry program, the same level as 
     was provided in fiscal year 1998. The Committees agree with 
     the Senate language concerning the preparation of reports by 
     the Forest Service regarding its actions to restructure the 
     Hardwoods Technology Center in Princeton, WV, except that 
     such reports shall be provided on an annual basis.


                         National Forest System

       The conference agreement provides $1,298,570,000 for the 
     national forest system instead of $1,231,421,000 as proposed 
     by the House and $1,129,098,000 as proposed by the Senate. 
     The conference agreement does not spread funding for general 
     administration among the programs as proposed by the Senate; 
     this funding remains a separate activity within the national 
     forest system appropriation as in past years. Further 
     direction concerning general administration and indirect 
     expenses is provided under administrative provisions. The 
     conference agreement includes all of the program specific 
     earmarks for the Monongahela National Forest, WV as proposed 
     by the Senate.
       The conference agreement provides $10,500,000 for the 
     Alaska Region, in addition to the normal base program, in 
     Forestland Management funds. This increase is for expenses 
     directly related to timber sale preparation to facilitate a 
     reliable federal timber supply, and transition to value added 
     processing for the forest products industry in southeast 
     Alaska, consistent with all applicable environmental laws. 
     The Committees encourage the Secretary to proceed with 
     discussions with State and local government officials, 
     industry and other groups to explore potential actions the 
     Department can take to support local development such as 
     through a veneer plant and value-added facilities in 
     Ketchikan and other parts of southeast Alaska. In addition, 
     $2,000,000 is also provided in the reconstruction and 
     construction account above the normal base program for these 
     efforts.
       Funds should be distributed as follows:

Land management planning....................................$40,000,000
Inventory and monitoring.....................................80,714,000
Recreation management.......................................144,953,000
Wilderness management........................................29,584,000
Heritage resources...........................................13,050,000
Wildlife habitat management..................................32,097,000
Inland fish habitat management...............................19,017,000
Anadromous fish habitat management...........................22,714,000
TE&S species habitat management..............................26,548,000
Grazing management...........................................28,517,000
Rangeland vegetation management..............................28,533,000
Timber sales management.....................................226,900,000
Forestland vegetation management.............................58,300,000
Soil, water and air operations...............................25,932,000
Watershed improvements.......................................30,165,000
Minerals and geology management..............................37,050,000
Real estate management.......................................46,133,000
Land line location...........................................15,006,000
Facility maintenance, non-recreation.........................27,654,000
Facility maintenance, recreation.............................24,570,000
Trail maintenance............................................18,445,000
Law enforcement operations...................................66,288,000
General administration......................................256,400,000
                                                       ________________
                                                       
    Total, NFS............................................1,298,570,000

       The Committees agree to the following:
       1. Land management planning funding includes $2,000,000 as 
     described by the House to complete the environmental impact 
     statement (EIS) for the Sierra Nevada framework for 
     conservation and collaboration by July 31, 1999. The 
     Committees strongly encourage the Forest Service to offer the 
     State of California an opportunity to participate in 
     development of the EIS as a co-lead agency so long as this 
     does not expand the scope of the EIS as it has been defined 
     by the Forest Service. No specific funding level is provided 
     for the Committee of Scientists planning effort or the White 
     Mountain NF planning effort as was suggested by the Senate, 
     but the Committees stress the need for the Administration to 
     establish rapidly planning regulations and proceed with 
     forest planning. This issue is further addressed in title 
     III. Although the Committees agree that participation by the 
     State of Alaska in monitoring implementation of the Tongass 
     Land Management Plan can be worthwhile, the conference 
     agreement does not concur with the Senate language directing 
     the Forest Service to provide $550,000 to the State to fund 
     this participation.
       2. Recreation management funding includes the Cradle of 
     Forestry, NC project and national scenic and historic trails 
     operations as proposed by the House but does not include the 
     increase to the eastern region base funding proposed by the 
     Senate. The Committees have included $600,000 in the 
     recreation management activity for Midewin National Tallgrass 
     Prairie planning and design which was included in the 
     construction appropriation by the House and, in addition, the 
     Committees agree that the overall funding for operations at 
     the Midewin NTP should remain at the 1998 level.
       3. In order to clarify the dates for which reports 
     analyzing the recreation fee demonstration program are due, 
     the Committees suggest that by January 31 of each year the 
     program is in existence the affected agencies should provide 
     a consolidated report on the annual accomplishments for the 
     preceding fiscal year and any recommended improvements to the 
     program. At such time as the demonstration is terminated, the 
     final report should also include a comprehensive 
     evaluation of the entirety of the program.
       4. The Forest Service review of wilderness recreation 
     policies should consider both the need to minimize, restore 
     and contain recreation impacts, particularly in high usage 
     areas, and the need to minimize impacts in more remote and 
     less used areas, including maintenance of solitude as well as 
     mitigation of adverse impacts on vegetation, soil and water, 
     and wildlife in these areas.
       5. Rangeland vegetation management includes the House 
     proposed funding level for the noxious and exotic plant 
     program which includes $400,000 for activities at the 
     Okanogan and Colville National Forests as described in the 
     Senate report.
       6. Forestland management includes $5,000,000 to implement 
     the Quincy Library Group legislation.
       7. Timber sales management includes $2,000,000 for the 
     aspen program on Colorado national forests. The Committees do 
     not concur with the Senate language which specifies that 
     these funds are to be used to attain the full allowable sale 
     quantity on these national forests.
       8. The conference agreement concurs with House language 
     directing the agency to offer 3.6 billion board feet, instead 
     of Senate language directing that 3.6 billion board feet be 
     sold. However, the Committees understand that unit costs are 
     lower in regions where accomplishment reporting is based on 
     volume sold rather than offered. Accordingly, the Committees 
     direct the agency to provide a report to the Committees, no 
     later than June 30, 1999 which examines unit costs based on 
     accomplishment reporting for volume sold rather than offered. 
     The agency is to include recommendations in the report for 
     future reporting of timber sale volume accomplishment.
       9. With regard to timber scaling, the Committees agree that 
     the Forest Service should continue its efforts to have its 
     regions determine the best mix of timber measurement methods 
     to be used in each region based on cost effectiveness and 
     protection of Federal interests. The Committees expect that 
     this direction will not change the use of tree measurement 
     where already implemented unless there is documentation that 
     scaling would improve cost effectiveness and protection of 
     Federal resources and assets. The Committees also understand 
     that the Forest Service believes it is preferable to use pre-
     measured sales to determine payments for small diameter 
     material, however the agency is encouraged to use sample 
     weight scaling where cost effective.
       10. Law enforcement operations funding includes increases 
     above base funding levels, as follows: $500,000 for counter 
     drug operations on the Daniel Boone National Forest, KY and 
     $250,000 for border control assistance in California.
       11. The Committees remain concerned about the lack of 
     public service and responsiveness to community needs in 
     Region 3 and the Coronado National Forest. This was 
     exemplified by the closure, without adequate notice or offer 
     for suitable replacement, of the target range in Sabino 
     Canyon. Such incidents have influenced the Committees to see 
     the need to maintain tight control of administrative expenses 
     and indirect costs.
       12. Bill language is included as proposed by the Senate 
     concerning use of NFS funds for minor facility reconstruction 
     or construction, but the individual project limit has been 
     increased to $150,000.
       13. New bill language is included which allows transfer of 
     unobligated NFS road maintenance funds to the construction 
     appropriation for road maintenance since the road maintenance 
     activity has been transferred out of the NFS appropriation.

[[Page H11379]]

       14. Bill language is included in Title III which conveys 
     portions of the Wind River Nursery to Skamania County, WA in 
     exchange for county lands in the Columbia River Gorge 
     National Scenic Area and the Gifford Pinchot National Forest. 
     The Forest Service is directed to work in collaboration with 
     the county in maintenance and restoration of the Pacific 
     Crest Trail corridor associated with the Wind River nursery 
     properties. The corridor should be managed to ensure that its 
     use is compatible with objectives for the management of the 
     Pacific Crest Trail and that the value of the associated site 
     being transferred is not diminished. This collaborative 
     effort should enhance both the value of the trail and that of 
     associated private lands. The Committees also encourage the 
     Forest Service and Skamania County to work together toward 
     the development of a business plan for the sites affected by 
     this conveyance. Through early collaboration, both the Forest 
     Service and the county should be able to capitalize on the 
     resources and expertise each brings to the development of 
     these properties, ensuring uses compatible with the adjacent 
     Federal lands, protecting the important research value of the 
     Wind River Experimental Forest and the T. T. Munger Research 
     Natural Area, and enhancing the economic value of these lands 
     to Skamania County.
       15. The conference agreement does not include funds 
     proposed by the House for the Land Between the Lakes National 
     Recreational Area. Funds proposed by the House have been 
     redistributed in the conference agreement as follows: (1) 
     $5,400,000 to cover fixed cost increases is provided in 
     general administration, (2) $1,300,000 for clean water 
     activities in road maintenance, and (3) $300,000 is provided 
     for increased fire operations.
       16. The conference agreement provides increases to support 
     clear water activities which includes $4,000,000 for 
     rangeland vegetation management, and $3,000,000 for watershed 
     improvements.


                        Wildland Fire Management

       The conference agreement provides $662,176,000 for wildland 
     fire management instead of $631,737,000 as proposed by the 
     House and $689,885,000 as proposed by the Senate. The 
     agreement includes $102,000,000 in emergency contingent funds 
     and $235,300,000 in other fire operations funds as proposed 
     by the Senate (exclusive of general administration). The 
     agreement includes $324,876,000 for wildland fire 
     preparedness instead of $329,437,000 as proposed by the House 
     and $338,878,000 as proposed by the Senate. The agreement 
     does not include funding for general administration as 
     proposed by the Senate; this funding remains in the national 
     forest system appropriation as in past years. The funding 
     agreement includes $500,000 for the native American fire 
     cadre on the Black Hills National Forest, SD as proposed by 
     the Senate. Hazardous fuel funding includes at least 
     $12,000,000 for California, including at least $2,000,000 for 
     priority treatments near Lake Tahoe and $3,000,000 to 
     implement the Quincy Library Group legislation.
       The Committees are concerned that the Forest Service may be 
     wasting valuable forest products when conducting prescribed 
     burns in some locations. Accordingly, rather than provide 
     bill language in Title III as proposed by the Senate, the 
     Committees direct that responsible line officers see to it 
     that prescribed burns on lands classified in the national 
     forest land management plan as timber base will not consume 
     commercial wood products that could be removed in a 
     commercially viable manner. The public should be given a 
     chance to comment on prescribed burn plans in such 
     situations; this stipulation does not apply to any incidental 
     commercial product other than wood fiber or trees that should 
     be retained as part of the prescription for the area.


                    Reconstruction and Construction

       The conference agreement provides $297,352,000 for 
     reconstruction and construction instead of $271,444,000 as 
     proposed by the House and $353,840,000 as proposed by the 
     Senate. The agreement does not include funding for general 
     administration as proposed by the Senate; this funding 
     remains in the national forest system appropriation as in 
     past years.
       Funds should be distributed as follows:


        Project                                                  Amount
Research facilities:
  Auburn University research facility (AL)...................$6,000,000
  Institute of Pacific Island Forestry........................1,000,000
  Admin. requested projects...................................5,010,000
                                                       ________________
                                                       
      Subtotal, research facilities..........................12,010,000
                                                       ================

Fire, administrative, and other facilities:
  Grey Towers National Historic Site (PA).....................4,900,000
  Rapid City Air Tanker Base (SD)...............................347,000
  Admin. requested projects..................................19,699,000
                                                       ________________
                                                       
      Subtotal, Fire, administrative and other...............24,946,000
                                                       ================

Recreation facilities:
  Badin Lake Campground (NC)..................................1,000,000
  Bead Lake, Colville NF, boat launch (WA).......................20,000
  Cradle of Forestry (NC).......................................559,000
  Franklin County Dam (MS)....................................2,000,000
  Ouachita NF toilet facilities (AR)............................320,000
  Pikes Peak Summit House (CO)..................................200,000
  Pisgah RD (NC)................................................505,000
  Spring Mountains NRA (water system) (NV)......................200,000
  Winding Stair Mt. NRWA (OK)...................................125,000
  Winter Olympic games 2002 (UT)..............................1,300,000
  Admin. requested projects..................................20,720,000
  Presidential initiative, clean water projects...............3,000,000
  Backlog maintenance & minor repair..........................3,000,000
                                                       ________________
                                                       
      Subtotal, recreation facilities........................32,949,000
                                                       ================

Road reconstruction and construction:
  Midewin NTP (IL)..............................................500,000
  Other projects.............................................97,509,000
                                                       ________________
                                                       
      Subtotal, road re/construction.........................98,009,000
                                                       ================

Road maintenance and decommissioning.........................99,884,000
                                                       ================

Trail reconstruction and construction:
  Bonneville Shoreline Trail (UT)...............................300,000
  Continental Divide Trail (various)............................500,000
  Florida National Scenic Trail (FL)............................250,000
  Ketchikan, AK area trails...................................1,000,000
  Routt National Forest (CO)....................................275,000
  Sawtooth NRA Harriman Trail (ID)..............................270,000
  Taft Tunnel (ID)..............................................500,000
  Tahoe Rim Trail and Trailhead (NV, CA)........................183,000
  Winding Stair Mt. NRWA (OK)....................................76,000
  Admin. requested projects..................................13,200,000
  Other trail reconstruction.................................13,000,000
                                                       ________________
                                                       
      Subtotal, trail re/construction........................29,554,000
                                                       ================

      Grand Total Construction..............................297,352,000

       Funds provided in this Act and the financial and technical 
     assistance funds referenced in the Agriculture, Rural 
     Development, Food and Drug Administration, and Related 
     Agencies Appropriations Act, 1999, are intended to be used 
     for the Franklin County Lake construction project in 
     Mississippi.
       The conference agreement retains the Senate bill language 
     on the use of road maintenance funds for decommissioning 
     roads, including unauthorized roads, but the limit is raised 
     to $15,000,000. The agreement includes bill language, 
     altering that proposed by the Senate, which requires notice 
     and an opportunity for public comment before roads are 
     decommissioned. The conference agreement does not include the 
     Senate proposal to limit funds for decommissioning roads 
     until certification is provided that all unauthorized roads 
     are either decommissioned or reconstructed to national forest 
     system standards. The Committees understand there are pending 
     administrative appeals specific to road closures and road 
     density issues on the April 15, 1997, Record of Decisions 
     accompanying the Targhee National Forest Land and Resource 
     Management Plan. The Committees urge the agency not to 
     decommission system roads on the Targhee National Forest 
     until appeals which are pending as of the date of this Act 
     are resolved.
       The conference agreement provides an increase of $4,300,000 
     in road maintenance for clean water activities. The 
     Committees have provided $2,000,000 in the reconstruction and 
     construction account for engineering support for timber sale 
     preparation in southeast Alaska. For a more detailed 
     explanation refer to the discussion under the national forest 
     system account.
       The Committees have included funds as directed in the 
     Senate report for access to blowdown timber on the Routt 
     National Forest, CO, for the Talimena scenic byway in 
     Oklahoma, and for erosion work on the Monongahela National 
     Forest, WV; funds are not provided for road reconstruction in 
     support of the Gallatin II land exchange or for relocating 
     the eastern regional office. The Ketchikan, AK area trails 
     funds may be used for associated recreational structures. The 
     $3,000,000 provided within the recreation facilities 
     reconstruction and construction activity for backlog 
     maintenance and minor repair may be used for any high 
     priority project and should not be limited to recreation 
     needs. The Committees direct the Forest Service to follow the 
     Senate report instructions regarding engineering overhead and 
     program management for road construction and to include a 
     clear exposition of the engineering infrastructure, including 
     detached units, in the next budget justification.

[[Page H11380]]

                            Land Acquisition

       The conference agreement provides $117,918,000 for land 
     acquisition instead of $30,000,000 as proposed by the House 
     and $67,022,000 as proposed by the Senate. The Committees 
     agree to the following distribution of funds:


        State and Project                                        Amount
Multi--Appalachian Trail.....................................$7,000,000
NM--Baca.....................................................40,000,000
CA--Big Sur Ecosystem.........................................1,900,000
UT--Bonneville Shoreline Trail..................................250,000
Multi--Chattooga Watershed....................................1,000,000
TN--Cherokee NF (Starr Mnt.)....................................683,000
OR--Chetco River/Kalmiopsis Wild..............................1,200,000
CO--Cimarron & Comanche NG......................................475,000
AZ--Coconino NF (Bar-T-Bar Ranch).............................3,000,000
OR/WA--Columbia River Gorge NSA...............................2,000,000
MI--Consum. Power.............................................2,250,000
KY--Daniel Boone NF.............................................500,000
SC--Francis Marion NF.........................................1,500,000
VT--Green Mtn. NF/Taconic Creek...............................1,500,000
CO--Gunnison NF (Poverty Gulch).................................125,000
IN--Hoosier NF..................................................750,000
SC--Lake Jocassee (Sumter NF).................................1,000,000
NV/CA--Lake Tahoe Basin.......................................1,000,000
MT--Lindbergh Lake............................................8,000,000
WA--Mtns. To Sound GRNW......................................10,000,000
AR--Ozark NF....................................................500,000
OR--Pacific NW Streams..........................................750,000
NC--Pisgah NF (mineral rights)..................................350,000
CA--Rutherford Ranch (Cleveland NF).............................750,000
MT--Royal Teton...............................................6,500,000
CA--San Bernardino NF.........................................1,000,000
NM--Santa Fe NF (Tres Pistoles)...............................1,400,000
ID--Sawtooth NRA..............................................1,500,000
MS--Univ. of Mississippi......................................5,000,000
CO--White River NF (Conundrum Creek)..........................4,200,000
WA--White Salmon WSR............................................335,000
  Subtotal..................................................106,418,000
Acquisition Management........................................8,000,000
Cash Equalization.............................................1,500,000
Emergency Acquisitions........................................1,500,000
Wilderness Protection...........................................500,000
                                                       ________________
                                                       
    Total..................................................$117,918,000

       Funds provided in fiscal year 1998 for Wisconsin Wild 
     Waterways are for the acquisition of the Burke property in 
     the Chequamegon National Forest, which shall be managed in a 
     manner that prohibits: (a) timber harvesting except for the 
     protection of public health and safety or as necessary in the 
     event of fire, disease or insect infestation; (b) road 
     construction or development; (c) motorized vehicle use except 
     on existing roads; and (d) recreational facility construction 
     or other development activities. In order to protect the 
     ecological, historic, scenic and botanical resources of the 
     Burke property, the Forest Service shall designate special 
     management areas as depicted on a map titled ``Forest Lodge 
     (Burke) Special Management Area'' and dated October 1, 1997.
       Bill language is included in Title III General Provisions 
     which details the specific conditions under which Federal 
     funds may be used to purchase the Baca property in New 
     Mexico. The funds are subject to an independent appraisal 
     which conforms with the Uniform Appraisal Standards for 
     Federal Land Acquisitions and is subject to specific 
     authorization legislation being signed into Public Law.
       The Committees are modifying the reprogramming guidelines 
     regarding land exchanges. The agencies must submit proposed 
     land exchanges in excess of $500,000 to the Committee on 
     Appropriations for a 30 day period of review.


         Acquisition of Lands for National Forests Special Acts

       The conference agreement provides $1,069,000 for the 
     acquisition of lands for national forests special acts as 
     proposed by both the House and the Senate.


            Acquisition of Lands to Complete Land Exchanges

       The conference agreement provides an indefinite 
     appropriation estimated to be $210,000 for acquisition of 
     lands to complete land exchanges.


                         Range Betterment Fund

       The conference agreement provides an indefinite 
     appropriation estimated to be $3,300,000 for range 
     betterment.


    Gifts, Donations and Bequests for Forest and Rangeland Research

       The conference agreement provides $92,000 for gifts, 
     donations and bequests for forest and rangeland research as 
     proposed by both the House and the Senate.

            Management of Federal Lands for Subsistence Uses


                 subsistence management, forest service

       The conference agreement provides $3,000,000 for 
     subsistence management, Forest Service. Neither the House nor 
     the Senate provided funding for this purpose. This new 
     account and a similar account in the Department of the 
     Interior provide funds to implement and enforce certain 
     Federal regulations dealing with preference for subsistence 
     uses, including those dealing with fish and wildlife, on 
     navigable rivers in Alaska that are subject to Federal 
     reserved water rights. The conditions associated with the 
     availability and use of these funds are contained in section 
     339 of this Act.


               Administrative Provisions, Forest Service

       The conference agreement concurs with the House language 
     allowing use of up to $3,500,000 for International Forestry 
     activities, as authorized. The agreement includes bill 
     language as proposed by the House limiting funds for 
     administrative expenses of the National Forest Foundation to 
     $400,000. The Committees note with concern the recent 
     Inspector General's evaluation of management practices at the 
     National Forest Foundation, and therefore the Forest Service 
     is urged to use existing authorities to implement fully the 
     Inspector General's recommendations concerning the 
     Foundation. The conference agreement allows $2,650,000 to be 
     used for matching grants by the National Fish and Wildlife 
     Foundation. Bill language corrects a technical error 
     concerning the number of operable airplanes allowed in the 
     wildland firefighting fleet.
       The conference agreement has deleted the language proposed 
     by the House concerning use of the salvage sale fund and the 
     Knutson-Vandenberg reforestation fund for administrative and 
     indirect support activities. Rather, the conference agreement 
     revises language proposed by the Senate concerning exposition 
     of indirect expenses throughout all Forest Service 
     appropriations, and the agreement limits indirect expenses 
     charged to some trust funds and cooperative work funds during 
     fiscal year 2000.
       The conference agreement concurs with the Senate position 
     that the general administration line item as currently funded 
     does not adequately represent the total cost of indirect 
     expenses incurred by the agency. However, due to the 
     immediate impact of eliminating this budget line item, the 
     agreement provides for continuing general administration 
     during fiscal year 1999. The Committees direct the agency to 
     eliminate the general administration line item in fiscal year 
     2000 as part of proposals to revise the budget structure. The 
     new budget structure proposal should clearly display in some 
     manner all indirect expenditures and administrative needs. 
     The Committees caution the Forest Service that changes in 
     budget structure must be fully coordinated with Congress 
     prior to submission of the fiscal year 2000 budget 
     justification as required in the House Report 105-163 
     accompanying Public Law 105-83. The Committees emphasize that 
     consideration of significant budget structure changes will be 
     fully contingent on significant progress by the agency in 
     improving financial and program accountability and 
     accomplishment. It is further noted that budget structure 
     changes must be fully compatible with the Government 
     Performance and Results Act, and accurately reflect all 
     multiple use activities of the agency.
       The conference agreement concurs with Senate language 
     concerning management of indirect costs and reporting 
     indirect expenditures. The Committees have changed the 
     language to clarify the Senate's intent and to address 
     management of indirect expenses for several permanent and 
     trust funds. The revised bill language clarifies that 
     proposed definitions for indirect expenses are to be 
     consistent with the Federal Accounting Standards Advisory 
     Board and are to be submitted to the Committees no later than 
     90 days after the date of enactment of this Act. The 
     conference agreement eliminates language regarding 
     quantification of indirect expenses to the ranger district 
     level. The Committees expect the agency to display all 
     indirect costs in the fiscal year 2000 budget justification 
     to the regional level. However the display of regional costs 
     should be computed based on costs at the ranger district 
     level. The revised language specifies that indirect expenses 
     for the Brush Disposal, Cooperative Work-Other, Knutson-
     Vandenberg, Reforestation, Salvage Sale, and Roads and Trails 
     funds shall not exceed 20 percent beginning in fiscal year 
     2000. The Committees further expect that progress will be 
     made to reduce indirect expenses toward this goal during 
     fiscal year 1999.
       The Committees are concerned about the improper expenditure 
     of Forest Service funds where projects are jointly funded by 
     more than one appropriation. The Committees support 
     integrated land management but expect the agency to maintain 
     fidelity to appropriations intent for each funding activity 
     when executing multi-funded projects.

                          Department of Energy


                         Clean Coal Technology

       The conference agreement provides for the deferral of 
     $40,000,000 in previously appropriated funds for the clean 
     coal technology program as proposed by the Senate. The House 
     did not propose to defer funding. The Committees agree that 
     $14,900,000 may be used for administration of the clean coal 
     technology program.


                 Fossil Energy Research and Development

       The conference agreement provides $384,056,000 for fossil 
     energy research and development instead of $315,558,000 as 
     proposed by the House and $376,431,000 as proposed by the 
     Senate.
       Changes to the House recommended level for coal research 
     include increases of $750,000 in coal preparation for removal 
     of mercury, $350,000 for direct liquefaction; $500,000 for 
     indirect fired cycle; $2,000,000 for Vision 21 in

[[Page H11381]]

     high efficiency integrated gasified combined cycle; 
     $2,750,000 for PM 2.5 monitoring and research in fine 
     particulate control/air toxics and $4,000,000 for 
     CO2 sequestration research both in advanced 
     research and environmental technology; and $100,000 in 
     advanced research and technology development for 
     international program support; and decreases of $112,000 in 
     high efficiency integrated gasified combined cycle for 
     technical and program support, $1,000,000 in coal utilization 
     for Vision 21 and $40,000 in advanced research and technology 
     development for undergraduate internships.
       Changes to the House for natural gas and fuel cell research 
     include increases of $44,500,000 for advanced turbine systems 
     (the House had proposed to transfer this program to the 
     energy conservation account); $1,500,000 for gas to liquids, 
     $500,000 for coal mine methane and $250,000 for Alaska coal 
     bed methane all in emerging process technology; and 
     $5,000,000 for fuel cell systems development; and a decrease 
     of $100,000 in effective environmental protection for 
     outreach and technology transfer.
       Changes to the House in oil technology research include 
     increases of $250,000 in reservoir characterization for the 
     northern mid-continent digital atlas and $300,000 in 
     effective environmental protection for State, tribal and 
     Federal regulations.
       Changes to the House in other program areas include an 
     increase in cooperative research and development of 
     $1,000,000, an increase of $1,000,000 for energy technology 
     center program direction and an increase of $5,000,000 which 
     negates the general reduction to the fossil energy program as 
     a whole.
       The Committees agree to the following:
       1. The funding provided for PM 2.5 monitoring and research 
     is for data monitoring and development of cost effective 
     control technologies or source production science. The 
     Department is urged to cooperate with the Southern Research 
     Institute to the extent that monitoring stations are 
     established in the southeast.
       2. It is critical to the continuation of the low emissions 
     boiler program that the State of Illinois provide its full 
     cost share of $25 million. The Department should report to 
     the Committees by January 31, 1999 on the status of the low 
     emissions boiler program including whether or not the full 
     cost share has been received from the State of Illinois, the 
     extent to which the project is feasible from the standpoint 
     of bids received from contractors for project construction 
     and the extent to which power purchase agreements have been 
     arranged.
       3. The increase provided for the gas to liquids program is 
     to continue a cost-shared, public-private university research 
     program involving the Massachusetts Institute of Technology, 
     the University of Illinois, the University of Houston and the 
     University of Alaska.
       4. As requested in the budget request, $500,000 is provided 
     for the coal mine methane program, but the Committees remain 
     concerned about the potential out-year costs and long-term 
     expectations for this program. The Committees strongly 
     encourage the Department of Energy to (1) down-select the 
     number of coal mine methane projects from 5 down to 2, (2) 
     establish a reasonable and supportable total cap on Federal 
     funding for the program and (3) require a minimum of 50% 
     cost-share for any future program phases.
       5. Funding for an Alaska coal bed methane program is 
     provided on a one-time basis and should be used to work with 
     the Alaska Division of Geological and Geophysical Surveys to 
     determine whether coal bed methane is a viable fuel source in 
     rural Alaska. Should coal bed methane be determined to be 
     commercially viable, the State should seek alternative 
     sources of funding to develop the project further.
       6. There is no earmark in the natural gas exploration and 
     production program to promote research on computational tools 
     that incorporate rock properties.
       7. There is no mandate to down-select from three to two 
     contracts in the existing fuel cell program but the 
     Department should consider that option.
       8. No study is required on the feasibility of an integrated 
     management system for oil and gas production that 
     incorporates state-of-the-art modeling, sensing and 
     computational technologies.
       9. There are sufficient unobligated balances from previous 
     fiscal years to continue the gypsy field project in fiscal 
     year 1999. The fiscal year 2000 budget should include a 
     request for any additional funds needed to continue this 
     project in that fiscal year.
       10. Cooperative research and development funding should be 
     distributed as in past years with a percentage of funds used 
     for the base research program and the balance used for 
     jointly sponsored research.
       11. Funding has been provided to support programs that 
     improve energy efficiency and reduce emissions. These 
     programs are justified by goals and objectives independent of 
     implementation of the Kyoto protocol. No funds are to be used 
     to implement actions called for solely under the Kyoto 
     protocol prior to its ratification.
       12. The $750,000 provided in coal preparation for pre-
     combustion removal of mercury using dry magnetic separation 
     is to fund phase II of an existing technology development 
     program. These funds will be used to scale up and test 
     technologies that reduce ash, sulfur and trace-element 
     emissions while lowering the bus-bar cost of electricity 
     generated from bituminous coal from the Northern Appalachian 
     region. The technology will be tested at a power plant in 
     Clearfield County, Pennsylvania using a dry magnetic 
     separator retrofitted to an existing dry pulverizer.


                      ALTERNATIVE FUELS PRODUCTION


                     (including transfer of funds)

       The conference agreement provides for the deposit of 
     investment income earned as of October 1, 1998 on principal 
     amounts in a trust fund established as part of the sale of 
     the Great Plains Gasification Plant in Beulah, ND, and 
     immediate transfer of the funds to the General Fund of the 
     Treasury. The amount available as of October 1, 1998 is 
     estimated to be $1,300,000.


                 naval petroleum and oil shale reserves

       The conference agreement provides $14,000,000 for the Naval 
     petroleum and oil shale reserves as proposed by the House 
     instead of $14,056,000 as proposed by the Senate. Funds 
     should be distributed as follows:

Naval Petroleum Reserves Nos. 1 and 2........................$3,594,000
Naval Petroleum Reserve No. 3................................10,180,000
Naval Oil Shale Reserves..............................................0
Program Direction.............................................6,876,000
Use of Prior Year Funds......................................-6,650,000
                                                       ________________
                                                       
    Total....................................................14,000,000


                      ELK HILLS SCHOOL LANDS FUND

       The conference agreement provides $36,000,000 for the Elk 
     Hills school lands fund for payment to the State of 
     California for the State Teachers' Retirement Funds. Neither 
     the House nor the Senate included funding for this purpose 
     under the assumption that this claim would be paid directly 
     from revenue from the sale of the Elk Hills Naval Petroleum 
     Reserve. Because that option did not materialize, funds are 
     provided in this Act. The Committees encourage the Department 
     to work with the legislative committees of jurisdiction to 
     continue to pursue a legislative remedy so that the balance 
     of these payments may be made directly from the sale 
     proceeds.


                          ENERGY CONSERVATION

       The conference agreement includes $691,701,000 for energy 
     conservation instead of $632,250,000 (excluding $43,000,000 
     for the Fossil Energy turbine program) as proposed by the 
     House and $646,701,000 (after factoring in the statutory 
     offset of $31,000,000 in unobligated balances) as proposed by 
     the Senate.
       Changes to the House recommended level for buildings 
     technology include increases of $1,200,000 for building 
     America, $1,535,000 for home energy rating systems, $400,000 
     for rebuild America, $2,500,000 for technology roadmaps, 
     $900,000 for heat pumps, $250,000 for desiccants and 
     chillers, $250,000 for fuel cells for buildings, $500,000 for 
     demonstrations of modular fuel cells at DOE facilities, 
     $500,000 for emerging technology demonstrations, $500,000 for 
     consumer education, $4,000,000 for building envelope 
     research, $600,000 for building energy codes, $3,600,000 for 
     lighting and appliance standards, $6,400,000 due to 
     elimination of the requirement to use prior year funds, and 
     $250,000 in management and planning for analytical studies 
     and planning, and decreases of $100,000 for residential 
     energy efficiency and $9,000 in management and planning for 
     technology and sector data. There is also an increase of 
     $4,000,000 for weatherization and $1,000,000 for State 
     grants.
       Changes to the House for the Federal energy management 
     program include an increase of $1,000,000 for project 
     financing and decreases of $250,000 for technical and 
     financial assistance and $100,000 for program direction.
       Changes to the House for industry sector programs include 
     increases of $2,000,000 each for the mining vision (aluminum 
     industries of the future program) and for the agriculture/
     biobased fuels vision (chemicals industries of the future 
     program), $500,000 for the combined heat and power 
     initiative, $2,600,000 for motor challenge, $1,000,000 to 
     correct an error in the House report dealing with the 
     climate-wise program, $200,000 for program direction, 
     19,000,000 to accelerate the advanced turbine program and 
     $8,300,000 due to elimination of reduction in the requirement 
     to use prior year funds, and a decrease of $43,000,000 which 
     negates the House proposed transfer of the turbine program 
     from the fossil energy account.
       Changes to the House for transportation sector programs 
     include increases of $1,000,000 for C-1 chemistry, $1,300,000 
     for fuels for advanced engines, $2,000,000 for advanced power 
     electronics, $4,500,000 for fuel cell research and 
     development, $1,000,000 for advanced combustion research, 
     $1,500,000 for cooperative automotive research for 
     advanced technologies, $3,000,000 for high efficiency 
     engine research, $500,000 for heavy vehicle systems 
     technologies, $4,000,000 for lightweight materials, 
     $1,200,000 for high strength weight reduction materials, 
     $200,000 for the clean cities voluntary deployment 
     program, $500,000 for vehicle field testing/evaluation, 
     $75,000 for program direction and $10,100,000 due to 
     elimination of the requirement to use prior year funds and 
     a decrease of $2,000,000 in hybrid propulsion systems.
       Other changes to the House include an increase of $250,000 
     for headquarters contract services and decreases of $200,000 
     for headquarters salaries and related expenses and 
     $34,000,000 in undistributed increases.
       The Committees agree to the following:
       1. This is the final year of funding for home energy rating 
     systems.
       2. With regard to energy measurement techniques, nothing in 
     the House or Senate

[[Page H11382]]

     reports should be construed as an attempt to circumvent or 
     contradict the National Appliance Efficiency Conservation Act 
     or any other relevant statute.
       3. With regard to the Federal energy management program, 
     the Secretary may, in establishing charges for services 
     rendered to other Federal agencies, recover such program 
     costs as the Secretary deems appropriate including, but not 
     limited to, start-up costs (including those incurred in 
     fiscal year 1998), Department of Energy program operating 
     expenses and contractor costs. The Secretary should make 
     every effort to recover, over the life of the program, all 
     costs associated with start-up, execution and support to 
     other Federal agencies. To reduce the administrative burden 
     on the program, the Secretary may establish an annual fixed 
     pricing structure.
       4. There are no specific earmarks for any entity within the 
     industries of the future (specific) program. The Department 
     should use the expertise at the National laboratories, the 
     Federal Energy Technology Center and the Intermountain Center 
     for Mining Research and Technology to the extent that such 
     organizations are able to provide quality work, which is 
     consistent with program and industry priorities.
       5. The Department should work with Alfred University to 
     explore how that institution's expertise in glass and 
     ceramics engineering and other technologies relevant to the 
     Department's programs might be used to benefit those 
     programs.
       6. Natural gas vehicle research should be funded following 
     the priorities established in the five-year Comprehensive 
     Plan for Natural Gas Vehicle Research. The budget for fiscal 
     year 1999 is $10,000,000 of which $2,000,000 in alternative 
     fuels/systems optimization is for engine, fuel storage system 
     and fueling infrastructure and $8,000,000 in heavy vehicles 
     research is for engine vehicle system, safety/systems 
     integration and fueling infrastructure. This research must be 
     related to vehicles powered directly by compressed or 
     liquefied natural gas and should be allocated based on 
     priorities developed in close coordination with industry.
       7. Funding has been provided to support programs that 
     improve energy efficiency and reduce emissions. These 
     programs are justified by goals and objectives independent of 
     implementation of the Kyoto protocol. No funds are to be used 
     to implement actions called for solely under the Kyoto 
     protocol prior to its ratification.


                          economic regulation

       The conference agreement provides $1,801,000 for economic 
     regulation as proposed by both the House and the Senate. 
     These funds are for the Office of Hearings and Appeals.


                      strategic petroleum reserve

       The conference agreement provides $160,120,000 for the 
     strategic petroleum reserve as proposed by the House instead 
     of $155,120,000 as proposed by the Senate.


                   energy information administration

       The conference agreement provides $70,500,000 as proposed 
     in the budget request for the energy information 
     administration instead of $68,000,000 as proposed by both the 
     House and the Senate.

                Department of Health and Human Services

                         Indian Health Service


                         indian health services

       The conference agreement provides $1,950,322,000 for Indian 
     health services instead of $1,932,953,000 as proposed by the 
     House and $1,888,602,000 as proposed by the Senate. Changes 
     to the House recommended level include increases in hospitals 
     and health clinics of $4,000,000 for an Alaska Federal health 
     care partnership for telemedicine and $19,000,000 which the 
     House had proposed to transfer to the facilities account 
     for facilities management and an increase of $9,000,000 
     for contract support costs. These increases are partially 
     offset by decreases for fixed costs of $6,844,000 in 
     hospitals and health clinics, $980,000 in dental health, 
     $297,000 in mental health, $641,000 in alcohol and 
     substance abuse, $2,722,000 in contract care, $215,000 in 
     public health nursing, $50,000 in health education, 
     $307,000 in community health representatives, $9,000 in 
     Alaska immunization, $187,000 in urban health, $214,000 in 
     Indian health professions, $9,000 in tribal management, 
     $500,000 in direct operations and $66,000 in self-
     governance. Other program decreases below the House 
     include $750,000 in mental health for suicide prevention 
     and $840,000 in contract care for new tribes funding.
       The conference agreement includes an earmark of 
     $373,801,000 for contract medical care, exclusive of the 
     Indian Catastrophic Health Emergency Fund, instead of 
     $377,363,000 as proposed by the House and $364,792,000 as 
     proposed by the Senate; and an earmark of $203,781,000 for 
     contract support costs instead of $194,781,000 as proposed by 
     the House and $170,190,000 as proposed by the Senate.
       The conference agreement includes a provision that allows 
     the Ponca Tribe of Nebraska to use previously appropriated 
     funds to obtain approved clinical space. This language is 
     included with the express understanding that there will be no 
     operational funding increases associated with this new space.
       The Committees agree to the following:
       1. Fixed costs are funded at 75% of need with the exception 
     of contract support costs. A total increase of $35,079,000 
     above the budget request is provided for contract support 
     costs and is to be used to minimize negative impacts on 
     current contracts and compacts of the pro rata distribution 
     of funding for this activity beginning in fiscal year 1999.
       2. Of the funds available to the IHS for diabetes programs, 
     the Service should fund cooperative efforts with the Joslin 
     Diabetes Clinic in Boston to non-invasively screen for 
     undiagnosed diabetes and diabetic retinopathy in Indian 
     communities. The Committees understand that such a program 
     would be similar to programs the Joslin Clinic is conducting 
     with the Department of Defense and the Veterans 
     Administration and that the managers of existing diabetes 
     programs within IHS have expressed an interest in working 
     with Joslin.
       3. The Service should provide a status report on the Alaska 
     telemedicine project in its fiscal year 2000 budget request 
     and include the appropriate level of funding needed to 
     continue the project in that budget.
       4. The IHS should work with the tribe and the private 
     sector to develop a cost-effective approach for providing 
     emergency services at the IHS facility in Wagner, SD, 
     including the possibility of shared emergency services with 
     the local community which could lower emergency service costs 
     and raise the quality of service for the community while 
     providing additional revenue for the IHS facility in Wagner.
       5. The Pascua Yaqui Tribe in AZ continues to experience 
     funding problems in its Health Maintenance Organization 
     because of increases in enrollment. The IHS should make every 
     effort to account for this increase to ensure that existing 
     health benefits are maintained for longer-term members as 
     well as for newly enrolled members.
       6. The IHS should continue to work with and provide funding 
     support to the University of Washington's fetal alcohol 
     syndrome research program.
       The conference agreement does not include statutory 
     language mandating a prorata distribution of contract support 
     costs across all Service self-determination contracts and 
     self-governance compacts. This language was included in both 
     the House and Senate bills but has been dropped because of 
     concerns expressed by tribal organizations and many 
     individual tribes. The Committees remain convinced that the 
     current distribution methodology employed by the Service for 
     contract support costs is inequitable and fiscally unsound. 
     The Committees' proposal for a pro-rata distribution, in 
     combination with a one-year moratorium on new contacts and 
     compacts and additional funding for existing contracts and 
     compacts, would have provided a permanent solution to the 
     problem.
       The Committees have added more than $35 million to the 
     Administration's budget request to address the inequity in 
     the distribution of contract support cost funding in fiscal 
     year 1999. The Committees direct the Service, in cooperation 
     with the tribes, to remedy this inequity in the fiscal year 
     2000 budget request. The remedy cannot be a large infusion of 
     additional funding for contract support costs at the expense 
     of either critical health programs or critical construction 
     needs of the Service. Further, the Committees note that the 
     one-year moratorium on new contracts and compacts cannot be 
     extended indefinitely. The Committees believe strongly that 
     an acceptable permanent solution to the contract support cost 
     distribution inequity must be a part of the fiscal year 2000 
     budget request from the Administration.


                        Indian Health Facilities

       The conference agreement provides $289,465,000 for Indian 
     health facilities instead of $313,175,000 as proposed by the 
     House and $263,516,000 as proposed by the Senate. Changes to 
     the House include decreases of $1,189,000 in maintenance and 
     improvement of which $189,000 is for fixed costs and 
     $1,000,000 is for unmet needs, $72,000 for fixed costs in 
     sanitation facilities, $2,500,000 in hospital and clinic 
     construction for the Parker, AZ health center, $886,000 for 
     fixed costs in facilities and environmental health support, 
     $63,000 for fixed costs in the equipment account, and 
     $19,000,000 in transfers from the hospital and clinics 
     account for facilities management.
       The Committees agree that the funding provided for a pilot 
     project on the Spokane reservation at the Wellpinit, WA 
     facility is contingent on non-Federal matching funds from the 
     tribe and that there will be no operational funding increase 
     associated with this project.

                         Other Related Agencies


              Office of Navajo and Hopi Indian Relocation

                         Salaries and Expenses

       The conference agreement provides $13,000,000 for salaries 
     and expenses of the Office of Navajo and Hopi Indian 
     Relocation as proposed by the House instead of $15,000,000 as 
     proposed by the Senate.

    Institute of American Indian and Alaska Native Culture and Arts 
                              Development


                        Payment to the Institute

       The conference agreement provides $4,250,000 for payment to 
     the institute instead of no funding as proposed by the House 
     and $3,188,000 as proposed by the Senate.
       The Committees direct that within the funds provided to the 
     Institute $500,000 is subject to at least a one-to-one cash 
     match from non-Federal contributors.

[[Page H11383]]

                        Smithsonian Institution


                         Salaries and Expenses

       The conference agreement provides $347,154,000 for salaries 
     and expenses instead of $346,449,000 as proposed by the House 
     and $352,154,000 as proposed by the Senate.
       Increases above the House level include $1,911,000 for the 
     National Museum of the American Indian Suitland facility and 
     $150,000 for additional costs resulting from implementation 
     of the Panama Canal Treaty at the Tropical Research 
     Institute. Decreases from the House level include $856,000 
     for Facilities Services (utilities) and $500,000 for the 
     National Museum of Natural History East Court/West Court 
     project. An amount of $3,000,000 required by the National 
     Museum of American History for restoration of the Star-
     Spangled Banner has not been included in this account because 
     the Committees have provided funding for this project as part 
     of the Save America's Treasures initiative funded through the 
     U.S. Department of the Interior.
       In order to provide the Cultural Resources Center (CRC) 
     with the flexibility necessary for addressing its initial 
     operational needs most efficiently, the Committees have not 
     allocated CRC's funding increase to specific subactivities, 
     but expect the Center to use these funds for its highest 
     priority requirements.
       The Committees direct the Smithsonian to provide $250,000 
     to the National Museum of American Art for additional 
     continuing support for Heritage Preservation efforts to 
     promote the conservation of public sculpture and other art 
     through private-public partnership and education programs.
       The Committees commend the Smithsonian for its continued 
     commitment to raise private funds to support its activities. 
     The Committees assure the Smithsonian that supplementary 
     private support will not be viewed as a substitute for 
     Federal appropriations.
       The Committees have included language in Title III General 
     Provisions to transfer title of the Indian Arts and Crafts 
     Board collection located in the U.S. Department of the 
     Interior, Washington D.C. headquarters to the National Museum 
     of the American Indian. Preferential consideration should be 
     given to requests from the Indian Arts and Crafts Board and 
     the Institute of Indian Arts in Santa Fe, New Mexico, for 
     loans of the collection by the National Museum of the 
     American Indian. The Committees understand that the transfer 
     of this collection will not result in any request for 
     additional funds from the National Museum of the American 
     Indian and that the costs for its conservation will be 
     absorbed internally by the Smithsonian Institution.


        Construction and Improvements, National Zoological Park

       The conference agreement provides $4,400,000 for 
     construction and improvements at the National Zoological Park 
     as proposed by the Senate instead of $4,500,000 as proposed 
     by the House. The decrease of $100,000 reflects the amount 
     designated in the budget request for the Holt House.


                  Repair and Restoration of Buildings

       The conference agreement provides $40,000,000 for major 
     repair and restoration instead of $44,500,000 as proposed by 
     the House and $32,000,000 as proposed by the Senate. Within 
     this amount, the Committees designate $2,000,000 for security 
     system modernization.


                              Construction

       The conference agreement provides $16,000,000 for 
     construction as proposed by the Senate instead of $2,000,000 
     as proposed by the House. The entire amount is for the 
     National Museum of the American Indian mall facility.
       The conference agreement retains the Senate provision 
     allowing a single procurement for the full scope of the 
     National Museum of the American Indian mall project.


           Administrative Provisions, Smithsonian Institution

       The conference agreement modifies House language 
     prohibiting the use of funds for new or expanded facilities 
     without prior approval from the Appropriations Committees by 
     eliminating the word ``planning''.
       The conference agreement deletes House language regarding 
     the payment of any judgment related to the complaint filed in 
     the U.S. Court of Federal Claims by Geddes, Brecher, Qualls 
     and Cunningham against the Smithsonian Institution.
       The Committees have agreed to language which authorizes 
     modifications to certain boards and commissions under Title 
     III General Provisions.

                        National Gallery of Art


                         Salaries and Expenses

       The conference agreement provides $57,938,000 for salaries 
     and expenses of the National Gallery of Art as proposed by 
     both the House and the Senate.
       Language is not included, as proposed by the House, that 
     would specify that the National Gallery of Art is a Federal 
     entity under the Inspector General Act of 1978.


            Repair, Restoration and Renovation of Buildings

       The conference agreement provides $6,311,000 for repair, 
     restoration and renovation of buildings as proposed by both 
     the House and the Senate.

             John F. Kennedy Center for the Performing Arts


                       Operations and Maintenance

       The conference agreement provides $12,187,000 for 
     operations and maintenance as proposed by the House instead 
     of $13,000,000 as proposed by the Senate.


                              Construction

       The conference agreement provides $20,000,000 for 
     construction as proposed by the Senate instead of $9,000,000 
     as proposed by the House.

            Woodrow Wilson International Center for Scholars


                         Salaries and Expenses

       The conference agreement provides $5,840,000 for salaries 
     and expenses of the Woodrow Wilson International Center for 
     Scholars as proposed by both the House and the Senate. Funds 
     should be distributed as follows:

Fellowship program.............................................$947,000
Scholar support.................................................674,000
Public service................................................1,752,000
General administration........................................1,256,000
Smithsonian fee.................................................205,000
Conference planning.............................................956,000
Space............................................................50,000
                                                       ________________
                                                       
    Total....................................................$5,840,000

       The conference agreement does not retain House language 
     prohibiting the use of Federal funds for relocation of the 
     Center to the Ronald Reagan Building. The Senate had no 
     similar provision.

           National Foundation on the Arts and the Humanities

                    National Endowment for the Arts


                       Grants and Administration

       The conference agreement provides $83,500,000 for grants 
     and administration instead of $81,240,000 as proposed by the 
     House and $85,560,000 as proposed by the Senate. Increases 
     above the House level include $1,762,000 for program grants, 
     $977,000 for program support, and $131,000 for 
     administration. Decreases from the House level include 
     $440,000 for policy planning and research and $170,000 for 
     computer replacement. The foregoing realignment of funds 
     reflects the revised administrative structure proposed by the 
     Endowment in response to last year's recommendation by the 
     Committees that NEA should develop a more accurate display of 
     the full scope of activities funded with administrative 
     dollars.
       The conference agreement includes a technical correction to 
     reference section 5(g) of the National Foundation on the Arts 
     and Humanities Act as proposed by the Senate. The House bill 
     does not include this reference.


                            Matching Grants

       The conference agreement provides $14,500,000 for matching 
     grants as proposed by the Senate instead of $16,760,000 as 
     proposed by the House.

                 National Endowment for the Humanities


                       Grants and Administration

       The conference agreement provides $96,800,000 for grants 
     and administration as proposed by both the House and the 
     Senate.


                            Matching Grants

       The conference agreement provides $13,900,000 for matching 
     grants as proposed by both the House and the Senate. The 
     Committees agree to provide authority for the Endowment to 
     use up to $5,000,000 in challenge grant funds for the 
     regional centers initiative as proposed in the Senate report. 
     No such provision was included by the House. As previously 
     indicated, this authority does not ensure future support for 
     this new program, which has a total estimated cost of 
     $55,000,000 over a six-year period. Consequently, the 
     Endowment should proceed carefully with its plans and not 
     design a program that is based on the expectation of 
     additional Federal funding in the future. Further, the 
     Committees restate the concern that support for the 
     Endowment's ongoing core programs should not be sacrificed in 
     any manner in order to accommodate the regional centers 
     proposal.

                Institute of Museum and Library Services

                       Office of Museum Services


                       Grants and Administration

       The conference agreement provides $23,405,000 for the 
     Office of Museum Services as proposed by the House instead of 
     $23,280,000 as proposed by the Senate. Last year IMLS 
     initiated a program of National Leadership Grants for model 
     collaborative projects developed by museums and libraries. 
     Funding for this grant category has been maintained for 
     fiscal year 1999 in order for the Office of Museum Services 
     to continue its support of the most exemplary projects of 
     national significance selected through the competitive 
     process of peer review.

                        Commission of Fine Arts


                         Salaries and Expenses

       The conference agreement provides $898,000 for the 
     Commission of Fine Arts as proposed by both the House and the 
     Senate.


               National Capital Arts and Cultural Affairs

       The conference agreement provides $7,000,000 for National 
     Capital Arts and Cultural Affairs as proposed by both the 
     House and the Senate. The criteria for consideration of new 
     applicants should follow the direction in the House report.

               Advisory Council on Historic Preservation


                         Salaries and Expenses

       The conference agreement provides $2,800,000 as proposed by 
     both the House and the Senate.

[[Page H11384]]

                  National Capital Planning Commission


                         Salaries and Expenses

       The conference agreement provides $5,954,000 as proposed by 
     both the House and the Senate. The Commission should follow 
     the direction provided in both the House and Senate reports.


                United States Holocaust Memorial Council


                       Holocaust Memorial Council

       The conference agreement provides $32,107,000 for the 
     Holocaust Memorial Council instead of $31,707,000 as proposed 
     by the House and $32,607,000 as proposed by the Senate. The 
     increase of $400,000 above the House level includes an 
     increase of $809,000 for fixed costs and decreases of 
     $220,000 for forced attrition, $95,000 in collections 
     acquisition and $94,000 for museum outreach activities as 
     presented in the fiscal year 1999 budget.

                             Presidio Trust


                          Presidio Trust Fund

       The conference agreement provides $34,913,000 for the 
     Presidio Trust instead of $39,913,000 as proposed by the 
     House and $29,913,000 as proposed by the Senate. The 
     Agreement authorizes the trust to borrow up to $20,000,000 
     from the U.S. Treasury.

                     TITLE III--GENERAL PROVISIONS

       The conference agreement includes sections 301 through 316 
     which are identical in the House and Senate bills. The 
     conference agreement deletes House section 317 which would 
     have prohibited the use of funds in Sleeping Bear Dunes 
     National Lakeshore to require landlords to vacate real 
     property.
       Section 317 retains identical language in section 318 in 
     the House bill and section 317 in the Senate bill concerning 
     prohibitions on Biosphere Reserves.
       Section 318 retains House section 319 regarding 
     prohibitions for Cape Canaveral National Seashore. The Senate 
     had no similar provision.
       Section 319 retains the text of section 319 as proposed by 
     the Senate and section 320 as proposed by the House 
     prohibiting grants for seasonal support, most individual 
     grants, and most subgranting by the National Endowment for 
     the Arts.
       Section 320 retains the text of Senate section 320 and 
     House section 321 providing the NEA and the NEH with the 
     authority to solicit funds and to invest such funds in 
     interest-bearing accounts.
       Section 321 alters slightly the language proposed by the 
     Senate concerning funding limitation on national forest land 
     management planning. The conference agreement allows funding 
     for those national forests which are legally mandated to have 
     their plans updated before or during calendar year 2000. The 
     Committees understand that there are 11 forest units in this 
     category. The Committees remain very concerned about the lack 
     of cooperation displayed by the Administration at getting new 
     planning rules in place. This language, as in fiscal year 
     1998, allows the funding moratorium to vanish as soon as at 
     least interim planning rules are published in final form. The 
     Administration continues to take a slow and unwieldy approach 
     to updating the planning rules. The Committees expect that a 
     new planning rule could easily be put into place in short 
     order. The new rule should be closely tied to the authorizing 
     legislation rather than attempt to administratively implement 
     new law governing national forest land management planning. 
     Further, the Committees have eliminated a related Senate 
     provision included under section 329 of the Senate bill which 
     continues forest plans after the fifteen year mandatory 
     revision date.
       Section 322 includes language proposed by the Senate 
     prohibiting the use of funds to issue a five year program 
     under the Forest and Rangeland Renewable Resources Planning 
     Act. The Committees recognize that the Government Performance 
     and Results Act requires strategic plans and performance 
     measures which should provide the public with sufficient 
     information formerly provided in the RPA program.
       Section 323 retains modifications made by the Senate to 
     House language included under section 322 regarding watershed 
     restoration and enhancement agreements however, the authority 
     has been extended through fiscal year 2001. The Committees 
     extend the authority in order to provide more certainty and 
     continuity in establishing these local citizen-government 
     partnerships.
       Section 324 retains the text of section 323 as proposed by 
     the House instructing the NEA to give priority to rural and 
     underserved populations; to establish a grant category for 
     projects of national significance; to ensure that grants to 
     any one state not exceed 15% ; and to encourage the use of 
     grants to improve and support community-based music 
     performance and education. The Senate included a similar 
     provision in section 324.
       Section 325 retains House section 324 which restricts the 
     use of funds to make certain improvements to Pennsylvania 
     Avenue in front of the White House.
       The conference agreement deletes section 325 prohibiting 
     the use of funds by the Woodrow Wilson Center to relocate 
     their offices as proposed by the House.
       The conference agreement does not include language proposed 
     in section 327 of the House bill requiring the Secretary of 
     Agriculture to grant an easement for a road to the Chugach 
     Alaska Corporation.
       Section 326 extends the legislative authority for 
     construction of an international memorial to honor the 
     victims of communism until December 17, 2007.
       Section 327 retains the text of section 328 as proposed by 
     the House extending the recreation fee demonstration program 
     through fiscal year 2001. The Senate had no similar 
     provision.
       Section 328 modifies language in section 329 of the House 
     bill placing a moratorium on new and expanded Indian self-
     determination and self-governance contracts and compacts. The 
     modification includes an exemption for essential health and 
     safety repairs in Bureau of Indian Affairs schools and an 
     exemption for implementation of section 325 in the fiscal 
     year 1998 Interior Appropriations Act.
       The conference agreement does not include language proposed 
     under section 328 of the Senate bill regarding the forest 
     service general accounting ledger.
       Section 329 includes technical modifications to the 
     language proposed by the House under section 330 and the 
     Senate under section 339 concerning elimination of the 
     purchaser road credit system for forest service timber sales.
       Section 330 retains the text of section 331 as proposed by 
     the House and section 325 as proposed by the Senate making a 
     technical correction to provide authority for the Senate 
     Majority Leader to make two appointments to the National 
     Council on the Arts.
       The conference agreement does not include language 
     contained in either the Senate or House bill regarding the 
     Interior Columbia Basin Ecosystem Management Project (ICBEMP) 
     and does not concur with limitations contained in the House 
     report on expenditures of funds for ICBEMP. The Committees 
     note Administration acknowledgment that the current direction 
     of this study shows little prospect of successfully resolving 
     important environmental and economic issues. The Committees 
     believe it is necessary to develop a new approach and 
     understand that the Administration estimates this will 
     lengthen the overall project effort by approximately 12 
     months. The Committees encourage the Administration to 
     include affected state and county governments in this process 
     as cooperating agencies. The Committees intend to closely 
     monitor progress of the study during fiscal year 1999 and 
     emphasize that it will be difficult to secure funding in the 
     future to implement results that are not widely supported by 
     interests within the region.
       Section 331 amends section 401(f) of Public Law 105-83 to 
     extend by one year the sunset date by which funds must be 
     appropriated from the Environmental Improvement and 
     Restoration Fund.
       Section 332 includes language proposed in section 334 of 
     the House bill providing additional authority to use the 
     roads and trails funds for priority forest health related 
     management. The Committees recognize that there is a huge 
     backlog in important road, trail and bridge work throughout 
     the national forest system just as there is a huge backlog in 
     needed management related to forest health. The Committees 
     urge the Forest Service to work with the Committees to use 
     the road and trail fund exclusively for reducing these 
     priority backlogs and not to replace ordinary appropriations 
     as the Administration proposed for the trails construction 
     budget in the fiscal year 1999 proposal.
       The conference agreement does not include House proposed 
     bill language included under section 332 to transfer the Land 
     Between the Lakes National Recreation Area to the Forest 
     Service from the Tennessee Valley Authority. This issue is 
     addressed herein in a later title.
       The conference agreement does not include Senate proposed 
     bill language included under section 332 regarding prescribed 
     burns, but direction concerning this matter is found in the 
     Forest Service wildland fire management account.
       Section 333 retains language proposed in section 333 of the 
     House bill regarding the Arts and Artifacts Indemnity Act to 
     increase the limits for insuring international exhibitions. 
     The Senate had no similar provision.
       Section 334 retains the text of section 334 of the House 
     bill regarding a land transfer to the City of Tulare, 
     California from the Bureau of Land Management. The Senate had 
     no similar provision.
       Section 335 retains the text of section 337 as proposed by 
     the House to remove certain properties in Florida from the 
     Coastal Barrier Resources System. Specifically, 75 acres are 
     removed from the system, 32 acres in a State park are added 
     to the system and seven private acres are added to the 
     system. Other removals from the system are addressed under 
     the United States Fish and Wildlife Service and under General 
     Provisions--Department of the Interior.
       Section 336 retains the text of section 338 as proposed by 
     the House to extend the pilot program in the Indian Health 
     Service dealing with billings for medicaid and medicare. The 
     Senate had no similar provision.
       Section 337 retains the text of section 337 as proposed by 
     the House to amend the Petroleum Overcharge Distribution and 
     Restitution Act of 1986 to permit the use of excess receipts 
     to offset energy conservation programs. The Senate agreed to 
     this language in floor action.
       Section 338 includes the text of section 340 as proposed by 
     the House, which amends the fiscal year 1998 Interior and 
     Related Agencies Appropriations Act with regard to the 
     National Indian Gaming Commission by deleting the phrase 
     ``self-regulated tribes such as''.
       Section 339 delays until September 30, 1999, the 
     expenditure of funds to implement and

[[Page H11385]]

     enforce certain Federal regulations dealing with preference 
     for subsistence uses, including those dealing with fish and 
     wildlife, on navigable rivers in Alaska that are subject to 
     Federal reserved water rights. The issuance of such 
     regulations is not delayed. If the Alaska legislature passes 
     a resolution which, if approved by Alaskan voters, would 
     enable the implementation of State statutes that are 
     consistent with, and provide for the preference generally 
     outlined in, sections 803, 804 and 805 of the Alaska National 
     Interest Lands Conservation Act, funds appropriated to the 
     Department of the Interior and the Department of Agriculture 
     for Federal subsistence management in this Act shall be 
     granted to the State on September 30, 1999. If, by June 1, 
     1999, the Secretary of the Interior finds that the State 
     Legislature has not yet passed such a measure, a portion of 
     the funds will be available to prepare for implementation and 
     enforcement of such Federal regulations.
       Section 340 retains the text of section 342 as proposed by 
     the House to prohibit the use of funds for establishing a 
     Kankakee National Wildlife Refuge in Indiana and Illinois. 
     The Senate had no similar provision.
       Section 341 modifies section 326 as proposed by the Senate 
     regarding the conveyance of portions of the Wind River 
     Nursery that are no longer needed by the government to 
     Skamania County, WA. Further direction regarding this 
     transfer is included under the Forest Service heading 
     elsewhere in this statement.
       Section 342 retains language proposed in section 327 of the 
     Senate bill making boundary and administrative jurisdiction 
     transfers of Federal lands in the State of Washington.
       Section 343 includes language proposed in section 330 of 
     the Senate bill providing for the establishment of the 
     hardwood technology center in Princeton, WV.
       Section 344 provides authorization for the Army Corps of 
     Engineers to enter into an agreement stipulating that the 
     local cost share for a dam reconstruction project at Beach 
     City Lake, Muskingum River Basin, Ohio will not exceed 
     $141,000.
       Section 345 modifies the text of section 333 as proposed by 
     the Senate prohibiting concerning recreational residence fee 
     increases in the Sawtooth National Forest. The modification 
     limits increases in these fees to 25 percent of the current 
     value.
       Section 346 modifies language proposed in section 334 by 
     the Senate providing additional flexibility to use the 
     Granger-Thye Act permit fees in the Forest Service. The 
     modification deletes the word ``administer'' from the 
     provision.
       Section 347 modifies language in section 335 as proposed by 
     the Senate concerning the use of stewardship contracts in 
     forest management.
       The conference agreement modifies Senate bill language to 
     provide that up to 28 contracts may be executed by the Forest 
     Service to accomplish end result contracting objectives 
     specified in the provision. The provision is modified to 
     delete the Senate reference to national forests in Idaho and 
     Montana, and incorporates 22 projects originally planned by 
     the Administration. In addition, the provision provides that 
     a total of nine such contracts may be executed in Region One 
     of the Forest Service which includes three projects 
     previously planned by the Administration and six additional 
     projects to be independently developed by Region One. The 
     Committees expect Region One to maximize collaboration with 
     state and private interests to develop projects which improve 
     forest health and promote local consensus in determining 
     outcomes to be accomplished through end result contracting.
       Section 348 retains provision included in section 336 of 
     the Senate bill earmarking funds for the construction of the 
     Trappers Loop Road.
       Section 349 contains a new provision concerning the rights 
     to coalbed methane. A recent court decision has put the 
     ownership rights of thousands of private landowners to 
     coalbed methane production in jeopardy, this section provides 
     that the United States recognizes the rights of landowners to 
     coalbed methane in existing leases and contracts on lands 
     where the United State is the owner of the coal. This section 
     does not affect leases or contracts on lands where other 
     parties have succeeded the United States as owners of the 
     coal, or where the coal is owned by a State or private party. 
     Nor does this section apply to leases for coalbed methane 
     production on lands conveyed, restored or transferred to 
     Indian tribes.
       Section 350 modifies section 340 as proposed by the Senate 
     involving the domestic processing of western red cedar. The 
     provision has been modified to delete references to the 
     residual value appraisal system and clarify the payment rates 
     under which western red cedar will be made available to 
     domestic processors in the contiguous 48 United States.
       Section 351 modifies section 341 as proposed by the Senate 
     precluding additional contracts or compacts to new Alaska 
     Native regional health entities. The modification involves a 
     three year moratorium on new contracts rather than a 
     permanent limitation.
       Section 352 modifies language proposed by the Senate 
     limiting the introduction of Grizzly bears in the Selway-
     Bitterroot area of Idaho and Montana. The modification allows 
     the United States Fish and Wildlife Service to release the 
     final environmental impact statement and record of decision 
     for this program but does not permit any introduction of 
     bears in fiscal year 1999.
       Section 353 provides $20,000,000 to the Aleutians East 
     Borough for the construction of an unpaved road and related 
     facilities on corporation lands not in a designated 
     wilderness area, $15,000,000 to the State of Alaska for 
     improvements to the airstrip at King Cove, Alaska and 
     $2,500,000 to the Indian Health Service for the cost of new 
     construction or improvements to the existing clinic in King 
     Cove, Alaska and telemedicine and other medical equipment. 
     The Committees have agreed to these funds as an alternative 
     to an easement for a road through the Izembek National 
     Wildlife Refuge wilderness area as proposed in section 126 of 
     the Senate bill to address critical health and safety needs.
       The conference agreement deletes the provision in section 
     343 of the Senate bill dealing with dams on the Columbia and 
     Snake Rivers.
       Section 354 makes boundary adjustments to the Columbia 
     River Gorge National Recreation Area in Washington State.
       Section 355 provides authority for the Smithsonian 
     Institution to alter the size of some of its boards and 
     commissions.
       Section 356 approves the transfer of the Indian Arts and 
     Crafts Board collection at the U.S. Department of the 
     Interior to the Smithsonian Institution's National Museum of 
     the American Indian.
       Section 357 includes conditions under which the Baca 
     property in New Mexico may be purchased including specific 
     authorization and independent appraisal which conforms with 
     the Uniform Appraisal Standards for Federal land 
     acquisitions.
       Section 358 designates the Federal building located at 
     15013 Denver West Parkway, Golden, Colorado, and known as the 
     National Renewable Energy Laboratory Visitors Center as the 
     ``Dan Schaefer Federal Building.''
  Section 359 designates the new Federal building under construction at 
325 Broadway in Boulder, Colorado as the ``David Skaggs Federal 
Building''.
       Section 360 designates the Federal building located at 201 
     14th Street, S.W. in Washington, D.C. as the ``Sidney R. 
     Yates Federal Building''. The House bill included a similar 
     provision in section 326.
       Section 361 rescinds the Title V funds totaling 
     $190,865,000 if the Administration does not issue the agency 
     apportionments and make these funds available for immediate 
     obligation within 5 days after enactment of this Act.
       The Congress provided $699,000,000 for priority land 
     acquisitions, exchanges and high priority maintenance 
     projects in the fiscal year 1998 Interior and Related 
     Agencies Appropriations Act. On September 3, 1998, the 
     Congress released $190,865,000, slightly more than half of 
     the remaining balance for specific acquisition projects and 
     backlog maintenance needs of the Bureau of Land Management, 
     the U.S. Fish and Wildlife Service, the National Park Service 
     and the Forest Service. The Committees have been informed 
     that the Office of Management and Budget has not released 
     these funds to the agencies, defying Congressional intent.
       Section 362 repeals Section 219 of the Federal Crop 
     Insurance Reform and Department of Agriculture Reorganization 
     Act of 1994, Pub.L. 103-354, 7 U.S.C. Sec. 6919.
       The Committees agree that the Secretary of the Interior and 
     the Secretary of Agriculture should provide comprehensive 
     training to land managers on the history and provisions of 
     statutes affecting land and natural resource management in 
     Alaska, including but not limited to Revised Statute 2477, 
     the Act of May 17, 1906 (34 Stat. 197), the Alaska Statehood 
     Act, the Mineral Leasing Act of 1920, the White Act, the 
     Alaska National Interest Lands Conservation Act, the Alaska 
     Native Claims Settlement Act, and the Magnuson-Stevens 
     Fishery Conservation and Management Act. This training should 
     also be provided to those employees who manage programs in 
     Alaska and to employees whose job entail knowledge of one or 
     more of the laws described above. Each such employee should 
     complete the training within one year of the date of 
     enactment of this Act, except a covered employee hired after 
     10 months of the date of enactment of this Act should 
     complete the training within 60 days of that employee's 
     appointment.
       The Secretary of the Interior and the Secretary of 
     Agriculture are encouraged to enter into an agreement with 
     and provide funding to Alaska Pacific University, in 
     conjunction with University of Washington School of Law and 
     Northwestern School of Law, Lewis and Clark College, to 
     develop and conduct training.

                                TITLE IV

       The conference agreement includes new language in Title IV, 
     the Herger-Feinstein Quincy Library Group Forest Recovery 
     Act. This Act represents a locally-developed, consensus-based 
     resource management program for Federal lands in a portion of 
     the Sierra Nevada ecosystem. The Committees are concerned 
     over long-standing controversies in the region that have 
     hampered effective management of Federal lands. In order to 
     resolve these differences, the Act provides for an alliance 
     between elected officials, industry representatives, local 
     environmentalists, union representatives, and local citizens. 
     A more complete description of the Act may be found in Senate 
     Report 105-183.
       The conference agreement deletes language proposed in Title 
     IV of the Senate bill limiting the source of funds available 
     for operation of the Glines Canyon Dam.

             Title V--Land Between the Lakes Protection Act

       The Committees are concerned about future funding for the 
     Land Between the Lakes

[[Page H11386]]

     National Recreation Area (LBL) in Kentucky and Tennessee, 
     managed by the Tennessee Valley Authority (TVA). Accordingly, 
     the Committees have included bill language in Title V that 
     creates a safety net to provide for continued Federal 
     operation of this area. In the event that LBL doesn't receive 
     at least $6 million in Federal funding in any fiscal year, 
     management responsibility for this facility will 
     automatically be transferred to the Secretary of Agriculture 
     with the expectation that it will be managed as part of the 
     national forest system for recreation in a manner consistent 
     with the multiple use mandate of the Forest Service.
       LBL was first established in the early 1960s by executive 
     directive. However, no statute was ever enacted governing 
     land management policies at LBL. This legislation codifies 
     the 1972 mission statement and requires the Forest Service to 
     manage LBL for optimum yield of outdoor recreation and 
     environmental education for the American people should this 
     transfer occur.
       In the event that LBL is transferred, the Committees 
     believe that all fees collected for the use of designated 
     sites and activities at LBL should be retained by the Forest 
     Service to help offset operating expenses. However, the 
     legislation prohibits the Forest Service from charging a 
     general entrance fee. This is identical to existing TVA 
     policy. The legislation contains explicit language 
     guaranteeing payments to counties by TVA at the prevailing 
     rate, and makes these counties eligible for funds under the 
     payments-in-lieu of taxes program administered by the Bureau 
     of Land Management. In addition, there are over 220 
     cemeteries at LBL, many of which are the burial plots of some 
     of the 800 families who were forcibly removed from their 
     property when LBL was first created. The Act guarantees 
     maintenance of a complete inventory and access to those 
     cemeteries.
       The Committees recognize the tremendous responsibility 
     borne by the Forest Service and TVA to implement the transfer 
     of LBL if necessary. It is incumbent upon TVA/LBL staff to 
     make every effort to minimize the disruption caused by the 
     transition on employees, the public, and LBL's resources and 
     offer full cooperation to the Forest Service transition team 
     in implementing this transfer. In addition, the Committees 
     encourage TVA to avoid moving equipment and facilities out of 
     the National Recreation Area that are vital for its 
     management.
       In the event of a transfer, the Committees have included a 
     provision allowing the Forest Service to adopt the TVA 
     National Resource Management Plan to minimize any disruption 
     caused by the transition. This management plan, as developed 
     by TVA, is in full compliance with environmental laws. While 
     operating under the TVA management plan, the Committees 
     expect the Forest Service to begin the process of preparing 
     its own land and resource management plan within one year of 
     the effective date of the transfer and consistent with the 
     multi-purpose mission mandated in the legislation.
       Currently, law enforcement actions taken by TVA police 
     officers operating within the boundaries of LBL are 
     authorized under peace officer commissions granted by both 
     the States of Kentucky and Tennessee. While existing Federal 
     laws and regulations do apply to National Recreation Area 
     lands, it will take approximately six months to one year to 
     establish Forest Service law enforcement procedures in the 
     two Federal judicial districts which cover these lands. 
     Therefore, the legislation provides that, during a transition 
     period not to exceed one year, there will be cross-
     designation of law enforcement authority between the agencies 
     to ensure that there is no interruption in public safety 
     services.
       Finally, the Committees are extremely concerned about the 
     impact of the transition on the permanent employees of TVA 
     who work at LBL. The legislation guarantees a minimum of 
     five-months employment by TVA following a transfer. All LBL 
     permanent employees should be given first notice of, and 
     first consideration for, any jobs available with the Forest 
     Service. Those employees who remain at LBL as employees of 
     the Forest Service should experience no interruption in 
     coverage for any retirement, health, leave, or other employee 
     benefits with TVA continuing to fund any difference between 
     Forest Service and TVA benefits. Years of service as a TVA 
     employee will be transferred to the Forest Service for all 
     purposes relating to Federal retirement. For those persons 
     not retained by TVA or hired by the Forest Service, the bill 
     provides a compensation/severance package, including buyout 
     packages, similar to those provided to other TVA employees in 
     previous downsizing situations. TVA shall finance the costs 
     associated with the severance/compensation packages and the 
     Director of TVA shall report to the House and Senate 
     Committees on Appropriations on the funding sources to be 
     used to finance these activities.

                                TITLE VI

       Title VI provides legislative authority for land exchanges 
     in the State of Washington as described in detail below.


                        Section 601. Short Title

       Section 601 entitles this section of the Conference 
     Agreement the ``Interstate 90 Land Exchange Act of 1998.''


                   Section 602. Findings and Purpose

       Section 602 contains findings as to why the land exchange 
     is in the public interest, and states that it is the purpose 
     of the conference agreement to authorize, direct, facilitate 
     and expedite the exchange.
       The offered and selected lands directed for exchange are 
     based substantially on those recommended for exchange by the 
     Forest Service pursuant to the NEPA process for the I-90 land 
     exchange, including the public comments and participation 
     therein. Such lands are also addressed substantially in the 
     legislative history to accompany S. 2136, including public 
     hearing records of the Senate Committee on Energy and Natural 
     Resources.
       Issues which can only be addressed in statute by Congress, 
     including assignment of mineral rights, establishment of 
     Wilderness Study and Special Management areas, and 
     recommendations on future exchanges, have been added to the 
     legislation as a result of both the administrative and 
     legislative records. The managers expect the legislation will 
     be implemented consistent with such records, and the public 
     interest. Therefore, the legislation contains no so-called 
     ``sufficiency'' language.


                        Section 603. Definitions

       Section 603 contains standard definitions of certain terms 
     used in the legislation. The definition of the ``offered 
     lands'' Plum Creek will convey to the Forest Service 
     specifies that the offered lands will include both surface 
     and subsurface (mineral) interests. In the event Plum Creek 
     is unable to acquire all the mineral interests from third 
     party owners prior to consummation of the exchange, 
     subsection 604(c) of the conference agreement sets forth a 
     procedure to convey land to the United States in lieu of 
     certain subsurface interests. Likewise, the definition of the 
     ``selected lands'' that Plum Creek will acquire from the 
     Forest Service requires conveyance of both surface and 
     subsurface interests by the Forest Service unless Plum Creek 
     agrees otherwise.


                       Section 604. Land Exchange

       Subsection 604(a) states that the exchange will be 
     consummated if Plum Creek conveys title acceptable to the 
     Secretary in its 1) identified ``offered'' lands; 2) a 320 
     acre tract of land to be donated to the United States or 3) 
     if necessary, the two subsection 604(c) tracts of lands in 
     lieu of certain subsurface interests, within 270 days of 
     enactment of the conference agreement.
       Subsection 604(a) also identifies the approximate 62,384 
     acres of ``offered'' lands Plum Creek will convey to the 
     United States in the exchange. The offered lands comprise 
     Plum Creek checkerboard in holdings within either the Mt. 
     Baker-Snoqualmie or Wenatchee National Forests, and include 
     sensitive lands in the upper Cle Elum River drainage (Scatter 
     Creek), the West Fork Teenaway drainage, the Silver Creek 
     area between Kachess and Cle Elum Lakes, Kelly Butte, lands 
     along the Yakima River near Easton, North Ridge, Taneum 
     Ridge, Mt. Clifty and Little Creek. Many of the offered lands 
     are roadless and contain late successional forest deemed 
     important for preservation and connectivity of habitat by the 
     Northwest forest Plan. The consolidation will also bring 
     approximately 14 miles of the route of the Pacific Crest 
     Trail into public ownership. The offered land acreage has 
     been increased slightly since the committee bill with the 
     addition of lands on the west side of Sawmill Creek in the 
     Kelly Butte area.
       Subsection 604(b) identifies approximately 16,495 acres of 
     Forest Service ``selected'' lands to be conveyed to Plum 
     Creek in the exchange, and provides for their conveyance 
     simultaneous with receipt of the Plum Creek offered lands. 
     (Simultaneous conveyances are standard Federal land exchange 
     practice pursuant to Section 3(a) of the Federal Land 
     Exchange Facilitation Act of 1988 (43 U.S.C. 1716(e)). The 
     selected lands are mostly intermingled with existing Plum 
     Creek lands and are generally located in less environmentally 
     sensitive areas than the Plum Creek offered lands the Forest 
     Service will acquire. The selected land total has been 
     decreased slightly since the Committee bill with the deletion 
     of lands in Sawmill Creek drainage in the Kelly Butte area. 
     It is the intent of section 604(b) of this part of the 
     conference agreement which states ``that subject to existing 
     valid rights'', to include Indian treaty rights and means 
     that nothing in this Act, or the land exchange authorized 
     herein, is intended to, nor shall it, diminish, modify, 
     abrogate or otherwise affect any Indian reserved treaty right 
     or the ability of Treaty Indians to exercise such rights 
     under applicable federal law without regard to the land 
     exchange. It is not the intent of this conference agreement 
     to either expand or contract existing treaty rights.
       Subsection 604(c) states that if Plum Creek is unable to 
     convey the full estate in the offered lands, it must 
     compensate the United States by offering in lieu thereof two 
     tracts of land on Cle Elum and Lost Lakes totaling 
     approximately 524 acres. This compensation provision is made 
     in recognition of the fact that Plum Creek may not be able to 
     acquire all mineral interests in the offered lands because 
     they belong to third parties. If the provision of subsection 
     (c) is triggered, the two additional tracts of land will be 
     full compensation for any lacking mineral interests, and the 
     appraisals required for the exchange will not have to be 
     redone to reflect the addition of the Cle Elum and Lost Lake 
     lands.
       Subsection 604(d) recognizes that Plum Creek has agreed to 
     a voluntary donation of 320 acres of land near Mt. Margaret 
     to the United States. This voluntary conveyance is to be 
     considered a donation for all purposes of law, including its 
     deductibility as a gift

[[Page H11387]]

     for tax purposes. It is the intention of the conference 
     agreement, if the Secretary determines that a portion of the 
     donated land qualifies for addition to the Alpine Lakes 
     Wilderness Area, it be added to the Wilderness by the 
     Secretary utilizing the Secretary's authority to do so under 
     section 6(a) of the Wilderness Act. Unlike other wilderness 
     designations and additions, which must be legislated by 
     Congress, section 6(a) of the Wilderness Act gives the 
     Secretary authority to make additions on his own in the case 
     of donated lands lying adjacent to already designated 
     wilderness.


      section 605. exchange valuation, appraisals and equalization

       Subsection 605(a) contains the standard Federal land 
     exchange requirement that the values of the lands to be 
     exchanged must be equal, as determined through traditional 
     Federal appraisal procedures. If the values are not equal, 
     they may be equalized by cash equalization payments subject 
     to the standard 25% limitation of the Federal Land Policy and 
     Management Act of 1976, as amended.
       Subsection 605(a)(2) recognizes that many of the lands to 
     be exchanged lie within areas designated as critical habitat 
     for threatened or endangered species, and that uncertainties 
     accompanying such designations can make traditional 
     appraisals difficult. In order to insure the equitable and 
     uniform appraisal of the exchange lands, the bill provides 
     that all lands will be appraised by determining highest and 
     best use for both the offered and selected lands in 
     accordance with the Washington State Forest Practices Act. 
     This will insure that the Federal selected lands will not be 
     undervalued for appraisal purposes if they are located in 
     areas where current Federal law or land use plans might limit 
     timber harvest, or create future harvest uncertainties that 
     would reduce the land's appraised value for purposes of the 
     exchange.
       Subsection 605(a)(4) also specifies all timber harvest on 
     the offered lands will cease not later than November 30, 
     1998, except for post-harvest work, and that a copy of the 
     final appraisal will be made available for public inspection 
     in the Wenatchee Forest Supervisor's office 30-45 days before 
     exchange consummation.
       Subsection 605(b) provides that once the appraised values 
     of the offered and selected lands have been approved by the 
     Forest Service, they need not be reappraised or updated prior 
     to completion of the exchange, except for adjustments for 
     timber harvest which may occur before November 30, 1998, or 
     for cultural and historic resources under subsection 606(g).
       Subsection 605(c) provides that if the final appraised 
     value of the Plum Creek offered lands exceeds the value of 
     the Forest Service selected lands, certain identified and 
     prioritized offered lands will be deleted from the exchange 
     by Plum Creek. The deletions, if necessary, are to be made in 
     the precise order listed and directed by Congress until the 
     values are approximately equalized.
       Subsection 605(d) provides that if the value of the Forest 
     Service selected lands to be conveyed to Plum Creek exceeds 
     the value of the Plum Creek offered lands, the Forest Service 
     will delete identified and prioritized selected lands from 
     the exchange until the values are approximately equalized.
       Subsection 605(e) provides for traditional cash 
     equalization payments to cover any balance due either Plum 
     Creek or the Secretary once any mandated deletions under 
     subsections 605(c) or (d) have been made. However, it is 
     anticipated that any such cash payments will be relatively 
     small, because subsections (c) and (d) should take care of 
     any major value equalization that is needed. If the listed 
     deletion parcels for either the offered or selected lands are 
     insufficient to cover the equalization needed, cash payments 
     to either the Secretary or Plum Creek will make up any 
     difference.
       Subsection 605(f) provides that any cash equalization 
     payments received by the United States will be retained by 
     the Secretary and used to purchase lands in the State of 
     Washington from willing sellers for addition to the National 
     Forest System.


                 Section 606--miscellaneous provisions

       Subsection 606(a) provides that lands acquired by the 
     Forest Service in the exchange will be managed as National 
     Forest System lands in accordance with applicable laws, 
     rules and regulations. The acquired lands will have the 
     status of Weeks Law lands. Lands acquired by Plum Creek 
     will become private lands for all purposes of law unless 
     the deed of transfer from the United States contains a 
     specific reservation.
       Subsection 606(b) pertains to post-exchange access to the 
     lands Plum Creek and the Forest Service will acquire. 
     Congress finds that both parties should have adequate and 
     timely access to the lands they acquire and recognizes that 
     most of this access will be over already existing primary, 
     secondary or other roads.
       Subsection 606(b)(2) states the intention of Congress that 
     Plum Creek have access to all lands it acquires and when such 
     access requires the construction of new roads, that it be 
     granted in compliance with the National Environmental Policy 
     Act (NEPA), the Endangered Species Act (ESA) and the National 
     Historic Preservation Act (NHPA) and their implementing 
     regulations.
       Within Cost Share Construction and Use Agreement Areas, 
     road access to the lands Plum Creek and the Forest Service 
     will acquire will be granted at no cost to either party upon 
     consummation of the exchange in accordance with the 
     appropriate terms and procedures of the applicable 
     Agreements. Because most of such access will be over already 
     existing roads, it is not anticipated that significant work 
     will be required by either party to grant the access 
     directed.
       Outside of Cost Share Construction and Use Agreement Areas, 
     Plum Creek will be granted access at no cost in accordance 
     with Forest Service Handbook 2709.12,35. In the case of new 
     road construction, such access easements shall conform to the 
     Secretary's rules and regulations 36 CFR 251, subpart B, 
     including mitigation under existing law. Most of this access 
     will be over already existing roads. However, Congress is 
     aware of at least two situations where Plum Creek will need 
     two short stretches of new roads for access to lands near 
     Watch Lake in the Gifford Pinchot National Forest. These two 
     new road stretches, and any other new road needs of which 
     Congress is not currently aware, will require such analysis 
     as may be required pursuant to EPA and the ESA.
       Subsection 606(c) requires Plum Creek to grant access to 
     the Forest Service at no cost outside Cost Share Construction 
     and Use Agreement Areas on locations identified by the 
     Secretary and in a format acceptable to the Secretary.
       Subsection (d) states the intention of Congress that the 
     land exchange be completed no later than 270 days after 
     enactment of the I-90 exchange legislation. Both parties are, 
     however, encouraged to make every effort to consummate the 
     exchange at the earliest possible date that proves feasible 
     under the timetables set out in the legislation. However, the 
     language allows the deadline to be extended by mutual 
     agreement of Plum Creek and the Secretary. Its intent is to 
     allow flexibility in the event, as sometimes happens with 
     land exchanges, that unanticipated title, deed or other 
     complications with the land transfer arise prior to 
     consummation.
       Subsection 606(e) withdraws the lands to be conveyed to 
     Plum Creek from the operation of the mining, mineral leasing 
     and other public land entry laws if they have not previously 
     been segregated or withdrawn.
       This will prevent any staking of any mining claims, or 
     creation of other encumbrances on title to the selected lands 
     prior to their transfer to Plum Creek.
       Subsection 606(f) permanently withdraws lands acquired by 
     the Secretary in two Townships north of Cle Elum Lake from 
     the operation of the mining, mineral leasing and geothermal 
     leasing laws. These sensitive lands lie along the upper Cle 
     Elum River and near Cle Elum Lake and/or the Alpine Lakes 
     Wilderness Area, and the withdrawal is intended to prevent 
     any future mineral activity on these particularly sensitive 
     lands.
       Subsection 606(g) establishes a specific procedure for Plum 
     Creek to request and obtain the deletion of small tracts of 
     selected land from the final conveyance if Plum Creek 
     determines that deed restrictions or mitigation requirements 
     on some of the land it is scheduled to acquire will 
     constitute an unacceptable encumbrance on the land. The 
     language will require full compliance with the provisions of 
     the National Historic Preservation Act (NHPA), but will 
     insure that all inventories, consultation and other 
     requirements of the NHPA are performed in a time frame that 
     will allow Plum Creek and other consulting parties to review 
     any proposed protection deed restrictions or mitigation 
     requirements, and request any deletions, well in advance of 
     exchange consummation. If lands are deleted from the 
     conveyance to Plum Creek under subsection 606(g), they will 
     remain in Forest Service ownership.
       Subsection 606(h) states that the Secretary shall not grant 
     any road easements to Plum Creek that would access the 
     offered lands listed in subsection 604(a) prior to 
     consummation of the exchange. However, this provision will 
     not apply if either party withdraws from the exchange. Plum 
     Creek currently has access permits requested over adjacent 
     national forest lands for roads into many of the offered 
     lands, but these requests will, obviously, become unnecessary 
     if the offered lands are transferred to the Secretary. Thus 
     the pending access requests will be suspended unless or until 
     either party withdraws from the exchange or a parcel or 
     parcels of offered land are dropped from the exchange. It is 
     noted that subsection 606(h) applies only to access requests 
     to the Plum Creek offered lands identified for transfer to 
     the United States. Plum Creek requests for access to its 
     lands that are not involved in the exchange are not covered 
     or affected by the access limitation of subsection 606(h).


                       section 607--land purchase

       Section 607 finds that Plum Creek has indicated its 
     willingness to consider selling certain lands to the United 
     States that are not included in the exchange. It directs the 
     Secretary to consult with Plum Creek on the lands it is 
     willing to sell, and states Congress' intention that such 
     lands be purchased from Plum Creek, subject to the future 
     availability of funds. It is the intention that such lands be 
     purchased using Land and Water Conservation Fund moneys, 
     which must be appropriated by Congress in future years. 
     Subsection 607(c) also clarifies that nothing in the 
     legislation will be construed limiting the Secretary's 
     authority to enter additional agreements or contracts to 
     acquire Plum Creek lands in Washington or any other state.


                    section 608--tieton river study

       In addition to lands along the I-90 corridor, Plum creek 
     owns checkerboard lands in

[[Page H11388]]

     Township 14 North, Range 15 East, Willamette Meridian. 
     These lands are located along the Tieton River in Yakima 
     County, Washington, and the lands along the river corridor 
     itself have been suggested for Federal acquisition by many 
     conservation groups. Section 608 directs the Secretary to 
     consult with Plum Creek concerning opportunities for the 
     United States to acquire such lands by purchase or 
     exchange.
       The Secretary's findings on the area will be included in 
     the report to Congress mandated by Section 609.


             Section 609--Future Land Exchange Opportunity

       Section 609 directs the Secretary to consult with Plum 
     Creek and study future land exchange opportunities for the 
     United States to acquire Plum Creek lands not included in the 
     legislated exchange. Specific areas for study include Plum 
     Creek lands in and around the Carbon River near Mt. Rainier 
     National Park, the Yakima River, the Pacific Crest Trail, 
     Goat and Watch Mountains on the Gifford Pinchot National 
     Forest, the Green River, and the Manashtash lake successional 
     reserve. This study, and the report thereon to Congress are 
     mandated because Plum Creek, the Forest Service, conservation 
     groups and others have suggested a follow-up land exchange. 
     In addition, if Plum Creek lands are deleted from the 
     legislated exchange under subsection 605(c) in order to 
     achieve value equalization, both Plum Creek and the Forest 
     Service have indicated their desire to have them evaluated 
     for future exchange.
       The Forest Service is, therefore, directed to study the 
     follow-up exchange opportunity and to report its findings 
     thereon no later than 18 months after enactment of the 
     legislation. The report will include the Secretary's 
     recommendations as to the most urgent future purchase or 
     exchange priorities. It is noted that Ski Lifts, Inc., which 
     operates 4 ski areas in the vicinity of Snoqualmie Pass, owns 
     significant private lands near the Pacific Crest Trail. The 
     Crest Trail is one of the areas which Section 609 
     specifically identifies for future land exchange 
     consideration. As the Ski Lifts, Inc. lands in the area are 
     heavily intermingled with the Forest Service and Plum Creek 
     lands to be considered for a future exchange, and as Ski 
     Lifts, Inc. may want to exchange its lands with the Forest 
     Service, or acquire land from Plum Creek to exchange to the 
     Forest Service in return for certain national forest lands in 
     or near its ski area base or permit areas, the Forest Service 
     should include an analysis of the Ski Lifts, Inc. exchange 
     opportunities in its report to Congress.


                   Section 610 Wilderness Study Area

       Section 610 designates a 15,000 acre Alpine Lakes 
     Wilderness Study Area along the south side of the existing 
     Alpine Lakes Wilderness Area if the land exchange is 
     consummated. The WSA contains lands which will be acquired 
     from Plum Creek in the exchange as well as adjacent national 
     forest lands. The language directs the Secretary to study the 
     area as to its suitability for addition to the Alpine Lakes 
     Wilderness and report his findings to the President. The 
     President will then, within three years of enactment of this 
     legislation, report his recommendation concerning wilderness 
     designation of the area to Congress.
       As with most WSA's that have been designated by Congress in 
     the past, the Secretary is directed to manage the WSA to 
     maintain its wilderness character existing as of the date of 
     enactment of the legislation and potential for inclusion in 
     the National Wilderness Preservation System for the duration 
     of the study. This means that no development, commercial 
     timber harvest or other land disturbance that would change 
     the area's wilderness nature as it exists on the date of 
     enactment of the legislation will be allowed. In addition, no 
     activities which are incompatible with wilderness, such as 
     motorized recreation, should be allowed or expanded into 
     areas of the WSA where they are not already occurring. 
     However, existing motorized and non-motorized uses shall be 
     allowed to continue at their present levels and shall not be 
     terminated unless Congress passes legislation designating 
     areas where such uses exist as wilderness areas.
       At the conclusion of the study, the 15,000 acres will 
     continue to be maintained in its existing wilderness 
     character unless Congress has enacted legislation stating 
     otherwise or until December 31, 2003 at which time the area 
     will be managed as it was immediately prior to the study 
     period. Section 610 also withdraws the WSA from mining and 
     mineral leasing subject to valid existing rights.


            Section 611--Kelly Butte Special Management Area

       Section 611 designates a 5,642 acre Kelly Butte Special 
     Management Area in and around Kelly Butte in the upper Green 
     River drainage in the Mt. Baker-Snoqualmie National Forest. 
     The protected area encompasses the core Kelly Butte area in 
     which lands are exchanged under the legislation and runs from 
     West of Rock Creek to the center of Sawmill Creek. A detailed 
     map of the protected area, with special notes on the location 
     of the eastern boundary at the Center of Sawmill 
     Creek, accompanies the bill.
       The Special Management Area designation is made in 
     recognition of the area's interesting mix of geology, mid and 
     late successional forest, diverse flora and fauna, outdoor 
     recreational opportunities and other values. In addition, the 
     Kelly Butte area designated for protection is mostly 
     roadless, receives traditional use by native American 
     peoples, and produces high quality water flows into the Green 
     River, which is the drinking water supply for the City of 
     Tacoma.
       Section 611 specifies that the area be managed to preserve 
     and enhance its many natural values and prohibits commercial 
     timber harvest, and the use of motorized vehicles in the 
     area, except for administrative purposes or in emergencies. 
     It also withdraws the areas from mining and mineral leasing 
     subject to valid existing rights.
       Subsection 611(c) states Congress' intention that the 
     designation of the Special Management Area will not lead to 
     the creation of protected perimeters or buffer zones around 
     the Area. This means that activities or land uses on lands 
     outside the Area which are not compatible with the Area (such 
     as timber harvesting) can occur up to the boundary of the 
     Area and will not be restricted by their proximity to the 
     Area of the fact that they can be seen or heard from within 
     the Area.


                 Section 612--Effect on County Revenues

       Section 612 recognizes that certain countries, and 
     particularly Kittitas County, Washington, will lose certain 
     revenues (timber severance taxes etc.) that they currently 
     derive from the Plum Creek lands that will be transferred to 
     the Forest Service. Although some of these revenue losses may 
     be offset by Federal payment in lieu of taxes (PILT) money, 
     Kittitas and other counties may experience a net revenue loss 
     from the exchange.
       Section 612, therefore, directs the Secretary to consult 
     with the appropriate Committees of Congress and elected 
     officials of the counties in which the offered lands are 
     located regarding options to minimize the adverse affect of 
     county revenues.


                          Legislative History

       Legislation to authorize and direct the 1-90 land exchange 
     was introduced in the Senate on June 6, 1998 as S. 2136. On 
     July 22, 1998, the Subcommittee on Forests and Public Land 
     Management held a hearing on S. 2136 at which testimony was 
     received from the U.S. Forest Service, the Plum Creek Timber 
     Company, the Sierra Club, the Mountaineers, the Alpine Lakes 
     Protection Society and the Western Land Exchange Project. 
     Written testimony for the hearing record was also received 
     from Ski Lifts, Inc and the Muckleshoot tribe. On September 
     23, 1998, S. 2316 was ordered favorably reported by the 
     Committee on Energy and Natural Resources after adoption of 
     an amendment in the nature of substitute. The conference 
     agreement as worked out by Senators Gorton and Murray, the 
     Senate Energy and Natural Resources Committee, Congressman 
     Doc Hastings, representatives of the Forest Service, Plum 
     Creek and others represents a refinement of the September 23, 
     1998 Committee bill.
       The conference agreement includes language in Title VII 
     that involves tort liability insurance for Indian tribal 
     governments as a system of redress for persons injured by 
     official actions of these governments. During Senate hearings 
     on this subject, insurance experts testified that it is 
     necessary to look at the interaction between Federal Tort 
     Claims Act coverage and the private liability insurance that 
     many tribes have bought in order to determine what insurance 
     gaps currently exist.
       The Committees direct the Secretary of the Interior, in 
     consultation with the Secretary of Health and Human Services 
     and the tribes, to conduct a survey of the degree, type, and 
     adequacy of liability insurance coverage of Indian tribes. It 
     is intended that the survey would determine where the gaps 
     are in either the Federal Tort Claims Act or private 
     insurance coverage, or both, and in turn make recommendation 
     to the Committees on how such gaps can be filled. The 
     Secretary is required to submit the findings of the survey 
     and specific recommendations in a report to he Committees no 
     later than June 1, 1999.

                   CONFERENCE TOTAL--WITH COMPARISONS

       The total new budet (obligational) authority for the fiscal 
     year 1999 recommended by the Committee of Conference, with 
     comparisons to the fiscal year 1998 amount, the 1999 budget 
     estimates, and the House and Senate bills for 1999 follow:

New budget (obligational) authority, fiscal year 1998...$14,109,493,000
Budget estimates of new (obligational) authority, fiscal 14,268,257,000
House bill, fiscal year 1999.............................13,489,504,000
Senate bill, fiscal year 1999............................13,657,706,000
Conference agreement, fiscal year 1999...................14,105,651,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1998......-3,842,000
  Budget estimates of new (obligational) authority, fiscal -162,606,000
  House bill, fiscal year 1999.............................+616,147,000
  Senate bill, fiscal year 1999............................+447,945,000

 SECTION 101(f): DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND 
        EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 1999

       The conferees on H.R. 4328 agree with the matter inserted 
     in this subsection of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in the 
     House and Senate versions

[[Page H11389]]

     (H.R. 4274 and S. 2400) of the Departments of Labor, Health 
     and Human Services, and Education, and Related Agencies 
     Appropriations Act, by members of the appropriations 
     subcommittee of both the House and Senate with jurisdiction 
     over H.R. 4274 and S. 2440.
       In implementing this agreement, the Departments and 
     agencies should comply with the language and instructions set 
     forth in House Report 105-635 and Senate Report 105-300. In 
     the case where the language and instructions specifically 
     address the allocation of funds, the Departments and agencies 
     are to follow the funding levels specified in the 
     Congressional budget justifications accompanying the fiscal 
     year 1999 budget or the underlying authorizing statute and 
     should give full consideration to all items, including items 
     allocating specific funding included in the House and Senate 
     reports. With respect to the provisions in the House and 
     Senate reports that specifically allocate funds, each has 
     been reviewed and those which are jointly concurred in have 
     been included in this joint statement.
       The Departments of Labor, Health and Human Services and 
     Education, and Related Agencies Appropriations Act, FY 1999, 
     put in place by this bill, incorporates the following 
     agreements of the managers:

                      TITLE I--DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       The conference agreement appropriates $5,272,324,000, 
     instead of $4,000,873,000 as proposed by the House and 
     $5,409,375,000 as proposed by the Senate.
       The agreement includes language inserting a legal citation 
     to the Workforce Investment Act of 1998 as proposed by the 
     Senate to fund a specific project authorized by the new law. 
     It also includes language proposed by the Senate modified to 
     identify funds for youth job training activities, making the 
     funds available for the period April 1, 1999 through June 30, 
     2000, and specifying an amount and a legal citation for youth 
     opportunity grants. It includes language proposed by the 
     Senate providing that job training funds may be used for 
     transition to, and implementation of, the provisions of the 
     Workforce Investment Act of 1998. The House had no similar 
     provisions.
       The agreement also includes language authorizing the use of 
     demonstration funds under title III of the Job Training 
     Partnership Act (dislocated workers) for projects that 
     provide assistance to new entrants in the workforce and 
     incumbent workers as proposed by the Senate. It also includes 
     language proposed by the Senate allowing service delivery 
     areas to transfer funding between the youth job training and 
     summer youth programs with the approval of the Governor. The 
     House had no similar provisions.
       The conference agreement does not include an advance 
     appropriation of $250,000,000 for fiscal year 2000 proposed 
     by the Senate for youth opportunity grants. This new program 
     was funded at $250,000,000 for fiscal year 1999 only, instead 
     of $125,000,000 as proposed by the Senate and no funding as 
     proposed by the House. Funding for fiscal year 2000 will be 
     addressed in the fiscal year 2000 appropriations bill.
       The Labor Department is encouraged to make available funds 
     and provide technical assistance to the Role Models America 
     Academy Demonstration Program.
       The conference agreement includes the following amounts for 
     the following projects and activities:
     Dislocated Workers
       --$5,000,000 for Special Olympics-1999
       --$1,500,000 for Special Olympics-2001
       --$500,000 for a high-technology training initiative on the 
     Island of Maui in Hawaii
       --$500,000 for the Bethel Native Corporation in Bethel, 
     Alaska to provide high technology computer-based training to 
     Alaska Natives
       --$1,000,000 for U. of Texas, Brownsville, for model worker 
     retraining
       --$1,000,000 for the Iowa Training Opportunities Program
       --$1,000,000 for Twin Cities Community Development Center 
     Worklink to plastics employment initiative
       --$1,000,000 for the York Skill Center, York, PA
       --$1,000,000 to continue funding of the JOBLINKS program
       --$300,000 ($900,000 over three years contingent upon 
     adequate performance), for a dislocated/incumbent worker 
     project at the University of Wisconsin-Superior at its 
     Transportation/Logistics Studies Center.
     Native Americans
       --$4,000,000 for co-location construction in Hawaii under 
     the Workforce Investment Act of 1998.
     Pilots and Demonstrations
       --$3,000,000 for Samoan/Asian Pacific job training in 
     Hawaii
       --$675,000 for the Southwest Pennsylvania Employment Plus 
     Job Training Program
       --$2,500,000 for training and educational opportunities for 
     adults in Hawaii
       --$1,250,000 for Ilisaquik College in Barrow, Alaska
       --$250,000 for Koahnic Broadcasting, Inc. in Anchorage, 
     Alaska
       --$1,000,000 for Kawerak, Inc. in Nome, Alaska for 
     continuation or initiation of vocational job training 
     programs for Alaska Natives
       --$1,000,000 for the Alaska Federation of Natives 
     Foundation, consistent with the goals of section 13 of the 
     bylaws of that organization, to develop and train highly 
     skilled Alaska Native workers for year-round employment 
     within the petroleum industry in Alaska
       --$2,000,000 for the Guadalupe Center in Kansas City, MO 
     for culinary and cultural arts
       --$1,000,000 for Center Point, Marin County, CA, employment 
     for recovering addicts
       --$500,000 for Project Horizons for New Opportunities, 
     Berkshire County, MA, adult prisoner project
       --$250,000 for SER Jobs for Progress (HEP program), Del Rio 
     and Laredo, TX
       --$250,000 for Motivation Education and Training, Inc., 
     Laredo, TX
       --$500,000 for the State of Vermont for a high skills 
     training consortia for the healthcare information systems and 
     support industry.
       The agreement also provides $4,000,000 to fund the child 
     care apprenticeship initiative requested in the President's 
     budget and $5,000,000 to fund the seasonal farmworker youth 
     activities requested in the President's budget. It is 
     recommended that the funds for the latter initiative be 
     transferred to the migrant and seasonal farmworker program 
     to be administered in conjunction with the adult program.
       The conference agreement sets aside certain amounts of 
     money to be utilized for competitive awards under the 
     dislocated workers program and under pilots and 
     demonstrations as discussed in the following paragraphs. In 
     administering these competitions, the Department is to give 
     full and fair consideration, consistent with current 
     practices and policies, to applications submitted by the 
     institutions and entities identified in the Senate Report.
       Under dislocated workers, the conference agreement includes 
     $7,200,000 for competitions for grants or contracts for 
     creation of projects and/or industry-led consortia for the 
     purpose of upgrading current workers, designing or adapting 
     training curricula in skills shortage occupational areas or 
     in regionally important business/industry areas, including 
     manufacturing and machining, and specialized industrial areas 
     such as plastics, telecommunications and the environment, and 
     to recruit/retrain workers in these occupations. The 
     dislocated and/or incumbent workers who will be assisted by 
     these efforts include specific groups such as agricultural 
     workers, low-skilled workers, and those needing assistance in 
     overcoming barriers to employment. These barriers to 
     employment may be caused by living in rural communities, 
     having limited options for transportation to work, having 
     inadequate or obsolete skills or having skills in declining 
     occupations. The focus of these efforts will be on skills 
     training in skills shortage occupations including welding and 
     metals, new and growing occupations in technological fields 
     including information technology, telecommunications, and 
     other fields in which technology skills are critical parts of 
     the jobs emerging in their regional labor markets. Any 
     consortia established as a result of these competitions would 
     also be expected to enhance the strategic planning and policy 
     efforts of local boards under the Workforce Investment Act in 
     these areas. The Department will establish ranges for these 
     competitive awards.
       Under pilots and demonstrations, the conference agreement 
     includes $9,000,000 for competitions to award grants that 
     provide job training and related services aimed at high-risk 
     youth and adults, including displaced homemakers and older 
     workers, and those adults or youth who are under the 
     supervision of the criminal justice or penal systems, or who 
     are living in foster care, homeless facilities, and public or 
     assisted housing. Barriers to employment faced by these 
     individuals include homelessness, addiction recovery, 
     criminal records or reentry from prison or other justice-
     related or social service-related institutions. In setting 
     aside these funds, the conferees want to provide quality job 
     training (including basic skills and pre-apprenticeship as 
     appropriate) and related services, including follow-up 
     services, tailored to the interests and aptitudes of the 
     client population that facilitates at-risk youth and adults 
     returning to their communities. These services should link 
     human, educational, workforce development, and transportation 
     services and build connections to local workforce investment 
     systems. One key focus of these efforts will be on skills 
     training in new and growing occupations in technological 
     fields including information technology, telecommunications, 
     and other fields in which technology skills are critical 
     parts of the jobs emerging in their regional labor markets. 
     The Department will establish ranges for these competitive 
     awards.
       Also under pilots and demonstrations, the conference 
     agreement includes $9,000,000 for competitions for the 
     creation of regional consortia for the purpose of assessing 
     employer skills needs to upgrade current workers, assessing 
     the need for closing the gaps between the skills needed by 
     business/industry and the skills held by regional workers, 
     designing or adapting training curricula in skills shortage 
     occupational areas or in regionally important business/
     industry areas including manufacturing and machining, and 
     specialized industrial areas such as plastics, 
     telecommunications, and the environment, and recruit/retrain 
     workers for these occupations and other emerging occupations 
     related to technology. These regional consortia would also be 
     expected to enhance the strategic planning and policy efforts 
     of local

[[Page H11390]]

     boards under the Workforce Investment Act in these areas. 
     These regional consortia would consist of a range of 
     interested organizations including employers, labor unions, 
     technical centers, community colleges and other community 
     organizations addressing the needs of specific cultures and 
     other committed private and governmental organizations. The 
     Department will establish ranges for these competitive 
     awards.
       The Department is strongly encouraged to make an award out 
     of the discretionary funds available in Fiscal Year 1999 for 
     competitive welfare-to-work grants, up to $5,000,000 to the 
     Center for Workforce Preparation. These funds are to be used 
     in the private sector to develop best practices, model 
     programs, and networks to exchange information among local 
     and state Chambers of Commerce and employers regarding 
     welfare recipients seeking employment.
       The Department is encouraged to give careful consideration 
     to a welfare-to-work proposal submitted by Opportunity 
     America which assists teenage mothers to break the cycle of 
     welfare by continuing their education and obtaining 
     employment.
       For discretionary grants being provided for the 
     Philadelphia Naval Shipyard IV Project encouraged in last 
     year's appropriation to the Labor Department, the Department 
     should use the following in determining eligibility:
       Incumbent Workers--Workers who are currently employed on a 
     full or part time basis, a majority of whom are expected to 
     have been impacted by a mass lay-off or closure in the 
     shipbuilding industry (in southeastern Pennsylvania) as 
     referenced in the statement of managers within House Report 
     105-390; and are also in need of employment and training 
     services to upgrade their job-related skills and competencies 
     in order to facilitate their return to high quality training 
     and jobs being created in the shipbuilding industry; without 
     regard to any education, training or readjustment services 
     they may have been provided at any point in the past from 
     federal, state, or local funds.

     State Unemployment Insurance and Employment Service Operations

       The conference agreement appropriates $3,294,173,000, 
     instead of $3,274,573,000 as proposed by the House and 
     $3,239,573,000 as proposed by the Senate.
       The conference agreement does not include a rescission of 
     $40,000,000 of fiscal year 1999 funds, as proposed by the 
     Senate, for Year 2000 computer conversion costs which were 
     provided as an advance appropriation in the fiscal year 1998 
     appropriations bill. The House had no similar provision. The 
     agreement includes $36,300,000 for the alien labor 
     certification program as proposed by the Senate instead of 
     $31,300,000 as proposed by the House. For unemployment 
     insurance contingency costs, the agreement includes 
     $180,933,000, instead of $196,333,000 as proposed by the 
     House and $186,333,000 as proposed by the Senate. And for the 
     Learning Anytime/Anywhere initiative, the agreement includes 
     $10,000,000 as proposed by the Senate.
       The agreement includes $2,135,125,000 for base State 
     allocations for unemployment insurance administration. This 
     is $20,000,000 more than the House and Senate bills. The 
     increase of $20,000,000 is for integrity and other activities 
     that States determine are essential in the administration of 
     the unemployment insurance program. The Department shall 
     allocate these funds in the following manner: each State 
     shall receive an additional 0.8 percent of its base 
     allocation. In addition, each State shall receive an 
     additional $340,000 if its productivity factors are among the 
     five lowest in at least two of the six productivity 
     categories. Furthermore, States that meet this criterion and 
     have one of the ten lowest combined personal services and 
     personnel benefits rates shall receive a prorata share of the 
     balance.
       It has been learned that the Labor Department is 
     interpreting section 3304(a)(15) of the Federal Unemployment 
     Tax Act (FUTA) with regard to senior actors, writers, and 
     other workers in the entertainment industry in a manner that 
     appears to be contrary to the intent of Congress when it 
     passed that Act. The section was meant to apply only to 
     employees that worked for one company, then return to work 
     for the identical company, and subsequently qualify for 
     unemployment compensation. Section 3304(a)(15) is currently 
     being interpreted by the Department, however, to require that 
     entertainment industry professionals' unemployment benefits 
     be offset by the total amount of their pension plan 
     compensation because the employee receives pension 
     distributions from the same multi-employer plan, even when 
     the employee goes to work for a different company. Such an 
     interpretation penalizes the actor or other industry 
     professional for accepting an entertainment industry job 
     to supplement his or her fixed income. The Department is 
     urged to determine whether it can devise an administrative 
     remedy to exempt this group of individuals from this 
     section or whether clarifying legislation will be needed 
     and to report back on its findings and actions to the 
     Committees of jurisdiction by January 15, 1999.

              Pension and Welfare Benefits Administration


                         Salaries and Expenses

       The conference agreement appropriates $90,000,000, instead 
     of $86,159,000 as proposed by the House and $88,076,000 as 
     proposed by the Senate.

                  Employment Standards Administration


                         Salaries and Expenses

       The conference agreement appropriates $314,000,000, instead 
     of $312,333,000 as proposed by the House and $311,333,000 as 
     proposed by the Senate. The agreement includes $1,000,000 in 
     the Office of Labor-Management Standards to continue the 
     development of a system for the electronic filing of reports 
     required to be filed under the Labor-Management Reporting and 
     Disclosure Act of 1959 and for a computer database of the 
     information for all submissions by whatever means that is 
     indexed and easily searchable by the public through the 
     Internet. The conference report fully funds the domestic 
     child labor initiative requested in the budget.
       The Department of Labor's Office of Workers' Compensation 
     Programs (OWCP) is encouraged to continue working with the 
     U.S. Postal Service and other Federal agencies to reduce 
     medical costs under the Federal Employees' Compensation Act 
     (FECA) without detracting from the quality of medical care 
     provided to injured workers. OWCP should give careful 
     consideration to incorporating private sector concepts into 
     management of medical costs of the FECA program where such 
     approaches will improve overall efficiency and are consistent 
     with injured workers' right of first choice of physician and 
     other statutory objectives.

             Occupational Safety and Health Administration


                         Salaries and Expenses

       The conference agreement appropriates $353,000,000, instead 
     of $348,983,000 as proposed by the Senate and $336,678,000 as 
     proposed by the House. The agreement contains the House 
     amount of $40,943,000 for State consultation grants. It also 
     includes $133,896,000 for Federal enforcement, instead of 
     $123,316,000 as proposed by the House and $133,182,000 as 
     proposed by the Senate.
       The agreement does not include an earmark of not less than 
     $300,000 for peer review of safety and health standards as 
     proposed by the House. The Senate had no similar provision.

                 Mine Safety and Health Administration


                         Salaries and Expenses

       The conference agreement appropriates $211,165,000 as 
     proposed by the Senate instead of $203,397,000 as proposed by 
     the House. The detailed table at the end of this section of 
     the joint statement of the managers reflects the allocation 
     of funds agreed upon.
       Safety training for workers continues to be a high priority 
     for the mining industry and MSHA. The industry (the Coalition 
     for Effective Miner Training) and MSHA both acknowledge that 
     the current training regulations do not address the needs of 
     the industry or of miners in the most effective manner and 
     have agreed to work together to improve safety training. MSHA 
     is directed to work with the affected industries, mine 
     operators, workers, labor organizations, and other affected 
     and interested parties to promulgate final training 
     regulations for the affected industries by September 30, 
     1999. It is understood that these regulations are to be based 
     on a draft submitted to MSHA by the Coalition no later than 
     February 1, 1999. Furthermore, MSHA is expected to submit a 
     report prior to its appropriations hearing on the FY 2000 
     budget outlining the progress that has been made and the 
     Coalition is encouraged to submit a similar report prior to 
     the close of the public rulemaking comment period. In 
     addition, MSHA is directed to work with industry 
     representatives and labor representatives during a transition 
     period prior to the effective date of the regulations to 
     ensure that mine operators and miners have sufficient 
     opportunity to become aware of and familiar with the revised 
     training rules. The conference agreement contains a technical 
     amendment to the existing provision to allow MSHA to expend 
     funds to propose and promulgate final training regulations 
     for the workers at the mines affected by the prohibition.

                       Bureau of Labor Statistics


                         Salaries and Expenses

       The conference agreement appropriates $398,870,000 as 
     proposed by the House instead of $390,889,000 as proposed by 
     the Senate.

                        Departmental Management


                         Salaries and Expenses

       The conference agreement appropriates $191,131,000, instead 
     of $163,770,000 as proposed by the House and $188,762,000 as 
     proposed by the Senate. The conference agreement includes 
     technical changes proposed by the Senate with respect to 
     appeals of decisions made by the Benefits Review Board under 
     the Longshore and Harbor Workers' Compensation Act.
       Of this amount, up to $1,000,000 is for the purpose of 
     awarding grants to one or more private, non-profit 
     organizations for the purpose of developing and publicizing 
     factual information about the use of child labor, creating 
     innovative partnerships to address child labor, and 
     organizing a public dialogue about best-practice solutions to 
     the problem of child labor worldwide.
       It is the intent of the conference agreement that the 
     Department of Labor continue its work to establish a 
     methodology and format for reporting regularly on the use of 
     sweatshops in the production of apparel for import into the 
     United States. It is now appropriate for the Department to 
     conduct a pilot study to apply its methodology to working 
     conditions in the apparel industry in a limited number of 
     apparel-exporting countries, based on any indicators that 
     have been developed by the Department.

[[Page H11391]]

       The agreement includes $500,000 for the funding of the 
     Twenty-First Century Workforce Commission as authorized by 
     the Workforce Investment Act of 1998. This Commission is to 
     conduct a study of the information technology workforce in 
     the United States.

        Assistant Secretary for Veterans Employment and Training

       The conference agreement includes two additional legal 
     citations to title 38 of the United States Code as proposed 
     by the Senate.

                      Office of Inspector General

       The conference agreement appropriates $47,500,000, instead 
     of $46,272,000 as proposed by the House and $48,500,000 as 
     proposed by the Senate.

                           GENERAL PROVISIONS

                           Job Corps Pay Cap

       The conference agreement includes a general provision 
     limiting the use of Job Corps funds to pay the compensation 
     of an individual at a rate in excess of Level III of the 
     Executive Schedule, instead of $125,000 as proposed by the 
     House. The Senate bill had no pay cap.

                            Welfare-to-Work

       The conference agreement includes a general provision as 
     proposed by the Senate that has the effect of rescinding 
     certain formula grant funds under the welfare-to-work program 
     where States have not claimed the funds by the end of the 
     fiscal year. The House had no similar provision.

                            OSHA Peer Review

       The conference agreement does not include a general 
     provision proposed by the House that would have required the 
     Occupational Safety and Health Administration to establish 
     peer review panels to review the scientific and economic data 
     which form the basis for any new safety or health standard. 
     The Senate had no similar provision.

                         Black Lung Regulations

       The conference agreement does not include a general 
     provision proposed by the House that would have prohibited 
     any final revisions to the black lung program regulations 
     until the Office of Advocacy of the SBA and the Office of 
     Information and Regulatory Affairs of the OMB have certified 
     to the Congress that the revisions comply with the Small 
     Business Regulatory Enforcement Fairness Act (SBREFA) and the 
     Regulatory Flexibility Act. The Senate had no similar 
     provision.
       It is understood that procedural errors have occurred 
     during the initial proposal process on these regulations and 
     that the Department is currently addressing these. The 
     Department is directed to be in full compliance with the 
     Small Business Regulatory Enforcement Fairness Act (SBREFA) 
     and the Regulatory Flexibility Act prior to finalizing these 
     regulations. In addition, the Department is directed to 
     provide advance notification to the Committees of any 
     publication in the Federal Register having to do with these 
     regulations.

           TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

              Health Resources and Services Administration


                     Health Resources and Services

       The conference agreement includes $4,108,040,000 for Health 
     Resources and Services instead of $3,888,522,000 as proposed 
     by the House and $3,885,900,000 as proposed by the Senate.
       The conference agreement includes bill language identifying 
     $65,345,000 for the construction and renovation of health 
     care and other facilities instead of $30,000,000 as proposed 
     by the Senate. The House bill contained no similar provision. 
     These funds are to be used for the following projects: 
     University of Pennsylvania School of Dental Medicine; Magee-
     Womens Hospital of Pittsburgh, PA; Philadelphia College of 
     Osteopathic Medicine; Fulton County Medical Center in PA; 
     Mercy Health System of Philadelphia; Heflin Human Genetics 
     Center at University of Alabama; Montefiore Hospital in the 
     Bronx, NY; Eastern Band of Cherokee Indians in NC; University 
     of Colorado Health Sciences Center; Delta Health Center of 
     Mound Bayou, MS; Jackson-Hinds Comprehensive Health Center, 
     Jackson, MS; Alaska Family Practice Residency Program; repair 
     and construction of health centers in Iowa; Lawton and Rhea 
     Chiles Center for Healthy Mothers and Babies at University of 
     South Florida in Tampa; University of South Carolina; 
     National Jewish Hospital in Denver, CO; the National Center 
     for Nanofabrication and Molecular Self-Assembly at 
     Northwestern University, Evanston, IL; Northwestern Memorial 
     Hospital; the Center for Research on Aging at Rush-
     Presbyterian-St. Luke's Medical Center in Chicago, IL; the 
     Park DuValle Community Health Center in Louisville, KY; 
     Memorial Hospital Southwest in Houston, TX; Little Flowers 
     Children's Services, Wading River, NY; Englewood Hospital and 
     Medical Center, Englewood, NJ; Bowman Gray School of Medicine 
     in Winston-Salem, NC; Clearwater Free Clinic in FL; 
     Residential Treatment Center in Hamburg, NY; Wilberforce 
     University in Ohio; Central State University in Ohio; 
     Children's Hospital in Washington, DC; Dickstein Cancer 
     Treatment Center, White Plains Hospital, White Plains, NY; 
     University of NC at Chapel Hill; Great Brook Valley Community 
     Health Center in Mass; Worcester City Campus Corp. in Mass; 
     Tuskegee University in Alabama; University of Missouri--
     Columbia; and Oregon Health Sciences University.
       The conference agreement includes bill language identifying 
     $215,000,000 for the family planning program as proposed by 
     the Senate instead of $202,903,000 as proposed by the House.
       The conference agreement includes bill language identifying 
     $461,000,000 for the Ryan White Title II State AIDS drug 
     assistance programs. The House bill identified $385,500,000 
     and the Senate bill identified $311,000,000 to be available 
     in fiscal year 1999 and $150,000,000 to be available in 
     fiscal year 2000. Total funding for the Ryan White programs 
     has been increased by $261,788,000 from the fiscal year 1998 
     level to a total of $1,411,300,000.
       The agency is urged to use the increase provided for Title 
     IV of the Ryan White CARE Act to expand services at existing 
     Title IV projects to prevent perinatal HIV transmission and 
     target services for women and youth. It is expected that 
     training and technical assistance activities related to 
     youth, women, and families affected by HIV will be increased 
     for Title IV projects and Titles I-III according to the terms 
     specified in an existing agreement between HRSA and the AIDS 
     Policy Center for Children, Youth and Families.
       The conference agreement provides $12,000,000 in additional 
     funding to be targeted to addressing treatment outcome 
     disparities in communities of color, and will complement 
     existing and previously planned targeted HIV/AIDS minority 
     activities. In allocating these funds, consideration should 
     be given to the territories, such as in the Virgin Islands, 
     where, for example, the HIV/AIDS case rate is more than twice 
     the national case rate of 24.1 per 100,000. The conference 
     agreement designates $5,000,000 in Title I supplemental 
     funding and directs that these funds be allocated to eligible 
     metropolitan areas that have 30% or more African American and 
     Latino HIV/AIDS cases in an effort to improve the quality of 
     care and health outcomes for African Americans living with 
     HIV/AIDS; $3,000,000 in Title III to be used for targeted 
     planning grants designed to build the HIV primary care 
     capacity of indigenous organizations serving African American 
     communities highly impacted by HIV/AIDS; $2,000,000 in Title 
     IV to address the prevalence of HIV and AIDS among African 
     American children; and $2,000,000 for subcontracts awarded 
     through in AIDS Education and Training Centers to the 
     Historically Black Colleges and Universities for the 
     education of health care providers serving African American 
     communities on the Guidelines for the Use of Antiretroviral 
     Agents in HIV-Infected Adults and Adolescents as developed by 
     the Department of Health and Human Services.
       The conference agreement includes bill language designating 
     $107,434,000 of the funds provided for the Maternal and Child 
     Health block grant for special projects of regional and 
     national significance (SPRANS) instead of $105,863,000 as 
     proposed by the Senate and $103,863,000 as proposed by the 
     House. This designation provides $5,000,000 more for SPRANS 
     activities than would otherwise be the case under the 
     statutory formula. It is intended that this amount be used 
     for the continuation of the traumatic brain injury State 
     demonstration projects as authorized by title XII of the 
     Public Health Service Act. It is also expected that the 
     agency will allocate $500,000 of the SPRANS set-aside for the 
     third and final year of the fluoridation program begun in 
     fiscal year 1997 in States with fluoridation levels below 25 
     percent.
       The conference agreement includes bill language designating 
     $2,000,000 for the Center for Sustainable Health Outreach at 
     the University of Southern Mississippi in affiliation with 
     Harrison Institute at Georgetown University for the 
     establishment of demonstration programs that create model 
     health access programs, health-related jobs and 
     sustainability of community-based providers of health 
     services in rural and urban communities and $1,250,000 for 
     the American Federation for Negro Affairs Education and 
     Research Fund.
       There are concerns about reports that HRSA may make 
     participation in the Section 340B drug pricing program a 
     requirement for hemophilia treatment centers (HTCs) to 
     receive grants from the Maternal and Child Health program. It 
     is viewed that HTCs that choose to distribute clotting factor 
     to their patients should purchase factor under the 340B 
     program to obtain the lowest possible price; however, HTCs 
     should not be required to distribute clotting factor as a 
     condition of their MCH block grant. In addition, there is 
     concern that some HTCs that distribute clotting factor may be 
     excessively marking-up the cost of the factor to patients and 
     public and private insurers. The Secretary is requested to 
     provide a report within six months which would assess this 
     issue.
       The conference agreement provides $925,000,000 for 
     consolidated health centers as proposed by the Senate instead 
     of $924,883,000 as proposed by the House. Existing health 
     centers are showing severe strains due to the growth in the 
     number of uninsured seeking their care and the fact that the 
     majority of centers have not had an increase in their grant 
     funds in the past eight years. The increase provided would 
     alleviate the problem and the Department is expected to 
     allocate a substantial proportion of the increase to existing 
     health centers.
       From within the increase provided, HRSA is encouraged to 
     increase its support for an

[[Page H11392]]

     existing demonstration, which is evaluating the benefits of 
     linking the primary care services of community health centers 
     with substance abuse treatment.
       It is intended that $10,000,000 of the funding available 
     for consolidated health centers will be made available for 
     grants to assist health centers in meeting the necessary 
     startup expenses for planning and organizing managed care 
     networks and plans as proposed by the House instead of 
     $6,000,000 as proposed by the Senate.
       The conference agreement has deferred taking action on the 
     recommendation contained in the Senate report regarding the 
     new interstate nurse licensure compact, pending the 
     resolution of several important issues concerning the 
     compact. It is understood that several States have not 
     endorsed the compact and some State Boards of Nursing and 
     other nursing organizations have raised reservations about 
     the compact.
       It is intended that the agency may use up to $3,000,000 of 
     the funding provided for the National Health Services Corps 
     for State offices of rural health.
       The conference agreement provides $304,265,000 for health 
     professions instead of $303,818,000 as proposed by the House 
     and $208,000,000 as proposed by the Senate. It is recognized 
     that one of the barriers to meeting the health care needs of 
     underserved and minority populations in urban areas is the 
     inability to fill critical entry level positions in allied 
     health. Many of these positions could be filled by 
     participants in the Welfare to Work program. The conference 
     agreement includes $1,000,000 within Allied Health Special 
     Projects for the Illinois Community College Board (ICCB) to 
     support a program to train and place welfare recipients in 
     the greater Chicago urban area in the allied health fields 
     using distance technology. It is expected that the ICCB will 
     coordinate its efforts with the Illinois Department of Human 
     Services. The conference agreement also includes $200,000 to 
     support the demonstration proposal by the Utah Medical 
     Education Council and Utah Area Health Education Centers.
       The conference agreement provides $38,892,000 for rural 
     health outreach grants instead of $32,592,000 as proposed by 
     both the House and the Senate. Within the total provided, it 
     is intended that funds be allocated for the following: 
     $3,000,000 to continue the Southwest Alabama Network for 
     Education and Telemedicine project; $500,000 for a proposal 
     by the Children's Health Fund to implement a rural health 
     initiative that would expand the availability and 
     accessibility of comprehensive primary pediatric care to 
     underserved rural communities, especially in rural areas of 
     Mississippi, West Virginia, south Florida, and Arkansas; 
     $250,000 for a project by the Low Country Health Care 
     Systems; $1,000,000 for a proposal by the Louisiana State 
     University Medical Center that would link a school of 
     medicine, a biomedical research center, hospitals, rural 
     clinics, and a strong telecommunications network to provide 
     urgently needed health services, health education regarding 
     genetic diseases, and vital research into hereditary 
     neurodegenerative disorders such as Friedreich's ataxia and 
     Usher syndrome which occur in the rural, medically 
     underserved Acadian population of Louisiana at rates two and 
     a half times the national average; $2,000,000 for a 
     telemedicine proposal by the San Bernardino County Medical 
     Center; $100,000 to allow Southeast Community College to wire 
     and equip a state-of-the-art telelcommunications center on 
     its Cumberland, Kentucky campus; $1,000,000 for the 
     Marshfield Clinic to expand women's health services in rural 
     areas through a mobile health clinic and database network; 
     and $2,000,000 for the Center for Sustainable Health Outreach 
     at the University of Southern Mississippi in affiliation with 
     Harrison Institute at Georgetown University.
       The conference agreement provides $21,670,000 for Hansen's 
     Disease Services instead of $18,670,000 as proposed by both 
     the House and the Senate. Within the total provided, 
     $3,000,000 is to implement and evaluate Diabetes Lower 
     Extremity Amputation Prevention programs in areas served by 
     community health centers in the States of Louisiana, Alabama, 
     Georgia, and Mississippi that also have high incidences of 
     diabetes that result in lower extremity amputations and to 
     include pilot programs in conjunction with the Louisiana 
     State University School of Medicine, the University of South 
     Alabama, and the Roosevelt Warm Springs Institute for 
     Rehabilitation.
       The conference agreement provides $25,000,000 to fully fund 
     the Medicare Rural Hospital Flexibility Grants Program 
     authorized in the Balanced Budget Act of 1997. This program 
     will provide grants to States to help them improve access to 
     essential health care services in rural communities by: (1) 
     developing and implementing a rural health plan; (2) 
     developing networks; (3) designating Critical Access 
     Hospitals (CAHs); and (4) improving rural emergency medical 
     services and other activities. It will provide support for 
     local citizens, employers, and health care providers to 
     conduct the community development activities that are 
     necessary to identify their health care needs and design a 
     local system of care to address them. For hospitals and other 
     providers, this program will provide technical assistance and 
     support to: (1) develop integrated networks of care; (2) 
     examine the conversion to CAHs; and (3) improve information 
     systems, quality assurance programs, and other activities. 
     The conference agreement would provide for the operation of 
     this program as a new activity by HRSA. This activity was 
     included within the Health Care Financing Administration in 
     the Senate bill. The House bill contained no similar 
     provision. The agency is urged to provide assistance to the 
     Bennett County Community Hospital in Martin, South Dakota, in 
     developing innovative ways to improve health care access and 
     outcomes for underserved rural populations, particularly 
     Native Americans.
       The conference agreement provides $119,000,000 for program 
     management instead of $114,059,000 as proposed by the House 
     and $120,000,000 as proposed by the Senate. Within the total 
     provided, it is intended that $1,250,000 will be allocated to 
     continue the efforts of the American Federation for Negro 
     Affairs national education and research fund of Philadelphia 
     and $250,000 is for the University of Northern Iowa Global 
     Health Corps project.


                      vaccine injury compensation

       The conference agreement includes $100,000,000 for Vaccine 
     Injury Compensation, as proposed by the Senate, for 
     compensation of vaccine-related injuries associated with 
     vaccines administered before October 1, 1988. The House bill 
     contained no similar provision.

               CENTERS FOR DISEASE CONTROL AND PREVENTION

                Disease Control, Research, and Training

       The conference agreement includes $2,609,520,000 for 
     disease control, research, and training instead of 
     $2,591,433,000 as proposed by the House and $2,366,644,000 as 
     proposed by the Senate.
       The conference agreement includes bill language identifying 
     $17,800,000 for Centers for Disease Control and Prevention 
     (CDC) buildings and facilities instead of $12,800,000 as 
     proposed by the House and $6,800,000 as proposed by the 
     Senate. Included in this amount is $11,000,000 for Phase II 
     of the infectious disease laboratory. The conference 
     agreement also includes bill language not proposed in either 
     House or Senate bills to allow the General Services 
     Administration to enter into a single contract or related 
     contracts for the full scope of this laboratory and that the 
     solicitation and contract shall contain the clause 
     ``availability of funds'' found in the Code of Federal 
     Regulations.
       The conference agreement includes a total of $94,573,000 
     for the National Center for Health Statistics instead of 
     $84,573,000 as proposed by both the House and Senate. The 
     conference agreement also includes bill language designating 
     $67,793,000 of the total to be available to the Center under 
     the Public Health Service one percent evaluation set-aside 
     instead of $59,232,000 as proposed by the House and 
     $84,573,000 as proposed by the Senate.
       The conference agreement does not include bill language 
     designating $51,000,000 for a civilian stockpile of 
     antidotes, antibiotics, and vaccines as proposed by the 
     House. Funding for this activity is included in the Public 
     Health Emergency Fund as proposed by the Senate.
       The conference agreement includes bill language designating 
     $51,000,000 for violence against women programs financed from 
     the Violent Crime Reduction Trust Fund as proposed by the 
     House instead of $43,000,000 as proposed by the Senate. The 
     conference agreement includes funding for the Metropolitan 
     Family Services' Coordinated Community Response to Violence 
     project.
       The conference agreement includes bill language not 
     proposed by either House to allow CDC to incur obligations 
     related to agreements with non-Federal entities without 
     receipt of advance payment.
       The table accompanying the conference agreement includes a 
     breakout of program costs and salaries and expenses by 
     program as proposed by the House. The Senate report did not 
     include this breakout. Salaries and expenses activities 
     encompass all non-extramural activities with the exception of 
     program support services, centrally managed services, 
     buildings and facilities, and the Office of the Director. It 
     is intended that designated amounts for salaries and expenses 
     are ceilings. The agency may allocate administrative funds 
     for extramural program activities according to its judgment. 
     Funds should be apportioned and allocated consistent with the 
     table, and any changes in funding are subject to the normal 
     notification procedures.
       The conference agreement provides $13,500,000 for 
     prevention centers instead of $12,000,000 as proposed by the 
     House and $9,080,000 as proposed by the Senate. It is 
     expected that the agency will fund all previously existing 
     centers and provide them with a modest increase in funding. 
     The conference agreement also provides $1,000,000 within this 
     amount to establish a tobacco prevention research network.
       The conference agreement disapproves the plan of the 
     Department to require States to purchase vaccines for the 
     Vaccines for Children Program with section 317 discretionary 
     funds. All Vaccines for Children vaccines should be purchased 
     with mandatory funding provided in the Omnibus Budget 
     Reconciliation Act of 1993 for that purpose.
       CDC is urged to continue working with State and local 
     health agencies to determine the incidence and prevalence of 
     traumatic brain injury and to establish education and 
     prevention programs relating to traumatic brain injury. The 
     conference agreement also supports a study on the cost-
     effectiveness of trauma systems as described in the House and 
     Senate reports.

[[Page H11393]]

       CDC is encouraged to collaborate with comprehensive, 
     community based health-related organizations that have 
     successfully developed systems of urban community health care 
     to develop outreach and prevention models which address the 
     needs of disadvantaged and minority populations.
       There is support for the efforts by CDC and HRSA to assist 
     in establishing a nationwide toll-free telephone number 
     linking certified poison control centers with a nationwide 
     databank. CDC is encouraged to support an ongoing public 
     service media campaign to familiarize the public with the 
     toll-free number and its services.
       There is support for the agencies commitment to improving 
     the health status of minority and disadvantaged individuals. 
     CDC is urged to continue the innovative program being 
     undertaken at Haymarket Center involving the coordination of 
     preventative care with substance abuse treatment.
       There is support for the establishment of a CFIDS patient 
     registry at CDC to identify patients for follow-up laboratory 
     and longitudinal studies and to track patterns of morbidity 
     and mortality in this illness.
       The conference agreement concurs in language contained in 
     the Senate report regarding promising research on plant-
     delivered oral vaccines being undertaken at the Thomas 
     Jefferson University Center for Biomedical Research. It is 
     noted that there is other promising research being conducted 
     at the Center involving the treatment and diagnosis of 
     hepatitis B and C viruses and glycoprocessing inhibitors and 
     CDC is encouraged to give consideration to supporting these 
     important areas of research.
       The conference agreement includes $30,821,000 over the 
     Administration request for the following chronic and 
     environmental disease prevention program priorities: 
     environmental health lab; radiation; asthma; birth defects; 
     cardiovascular disease; oral health; arthritis; cancer 
     registries; research to the classroom; and chronic fatigue 
     syndrome. Sufficient funds are also included to: continue the 
     community-based diabetes intervention program for the Navajo 
     and other native Americans located at the Indian Diabetes 
     Center in Gallup, New Mexico; provide Marshall University's 
     Autism Training Center an increase of $400,000 to expand 
     services to families with autism; implement the 
     recommendations of the evaluation of the C. Everett Koop 
     Community Health Information Center, to strengthen the center 
     and to disseminate the results of its evaluation to 
     professional medical societies throughout the country; and 
     fully fund the request for prevention and cessation 
     activities related to smoking.
       The total amount provided for chronic and environmental 
     disease prevention also includes $25,000,000 for CDC to carry 
     out the American Stop Smoking Intervention Study (ASSIST) as 
     proposed by the House. The Senate report had specified that 
     funds be transferred from the National Cancer Institute to 
     CDC.
       Sufficient funds are included within breast and cervical 
     cancer screening to provide $200,000 for the Women Reaching 
     for Wellness: Promoting Breast Health for American Indian 
     Women in Montana and Northern Wyoming program at Saint 
     Vincent Hospital in Billings, Montana and $250,000 for 
     screening activities at the Montgomery County, Pennsylvania 
     Health Department.
       Sufficient funds are included within the National Institute 
     for Occupational Safety and Health to expand efforts to 
     implement the national occupational research agenda, fully 
     fund the intramural research program at the Morgantown, WV 
     facility, and provide $1,000,000 to augment activities of the 
     Colorado School of Mines.
       The conference agreement provides $15,000,000 for 
     prevention research instead of $10,000,000 as proposed by the 
     House. The Senate bill contained no similar provision.
       The conference agreement provides $10,000,000 for health 
     disparities demonstrations as proposed by the Senate. The 
     House bill contained no similar provision. The conference 
     agreement also provides additional funding for health 
     disparities activities in existing programs throughout the 
     Department. It is expected that the Secretary will provide 
     the House and Senate Appropriations Committees with a 
     detailed proposal of how these funds will be coordinated and 
     expended to reduce health disparities in minority 
     populations.
       The conference agreement includes $18,000,000 in additional 
     funding to be targeted to addressing urgent HIV prevention 
     needs in the African American community. In allocating the 
     funds, consideration should be given to the territories, such 
     as in the Virgin Islands, where, for example, the HIV/AIDS 
     case rate is more than twice the national case rate of 24.1 
     per 100,000. These funds will compliment existing and 
     previously planned targeted HIV/AIDS minority activities, and 
     are to be allocated on the following basis:
       --$10,000,000 is included for the Directly Funded Minority 
     Community Based Organization Program to fund grant 
     applications from indigenous organizations with a history of 
     providing services to the African American community to 
     target the high risk populations of women, youth and men;
       --$4,000,000 is included for the creation of new community 
     development grants to 20 African American communities highly 
     impacted by HIV/AIDS. The funding will support needs 
     assessments and planning processes to integrate HIV, STD, TB, 
     substance abuse prevention, treatment and care;
       --$2,500,000 is for technical assistance to grantees under 
     the Directly Funded Minority Community Based Organizations, 
     to be provided by national, regional, and local minority 
     organizations; and
       --$1,500,000 is included for CDC Faith-Based Initiative 
     program to develop HIV and substance abuse prevention 
     training grants and curriculum at the divinity schools of the 
     Historically Black Colleges and Universities; capacity 
     building grants for Faith centered direct service programs; 
     and provide coordination for community planning leadership, 
     and program, development.
       The CDC is urged to insitute program guidance and oversight 
     mechanisms to ensure that the Prevention Community Planning 
     Groups priorities are accurately reflected in the state or 
     local plan submitted for grant awards to the CDC, and that 
     the funding awarded corresponds to the demographics of the 
     local epidemic and the identified needs.
       The conference agreement provides $10,000,000 for CDC to 
     implement section 2625 of the Public Health Service Act, CDC 
     Guidelines for Pregnant Women. It is noted that the 
     implementation of voluntary testing and treatment of pregnant 
     women is working exceptionally well and that the vast 
     majority of women agree to be tested on a voluntary basis. In 
     the last three years, the number of newly reported pediatric 
     AIDS cases related to perinatal HIV transmission fell 55 
     percent. It is believed that priority for funding should be 
     placed on outreach, counseling, and voluntary testing of 
     pregnant women rather than mandatory testing of newborns.
       The conference agreement endorses Congress' intent to 
     invest in HIV prevention programs and interventions to stem 
     the tide of new HIV infections. CDC is directed to allocate a 
     significant proportion of the HIV/AIDS program for grants and 
     cooperative agreements for HIV prevention programs.
       Knowledge of HIV status is essential because it allows 
     individuals to make informed decisions about treatment and 
     prevention of further transmission. Therefore, CDC is 
     encouraged to undertake activities, in consultation with 
     academic researchers and community groups, that will 
     encourage individuals at risk to be tested. CDC is further 
     encouraged to carefully review any policies that may deter 
     individuals, particularly individuals and groups at highest 
     risk, from knowing their HIV status. Similarly, CDC is urged 
     to undertake activities to improve referral from publicly 
     funded testing sites to primary care.
       It is agreed that there is a need for demonstration 
     projects to evaluate the effectiveness of CDC's model death 
     scene protocol for Sudden Infant Death Syndrome.
       Between 1985 and 1991, 82 percent of Salmonella outbreaks 
     were traced to contaminated shell eggs. It is understood that 
     a new pasteurization technology has been developed employing 
     heat and water which achieves the established FDA standards 
     for the destruction of all strains of Salmonella commonly 
     found in shell eggs. The technology preserves egg quality 
     during extended refrigerated storage without materially 
     changing either the aesthetics or the physical 
     characteristics from those of a fresh raw egg. CDC is urged 
     to work with other Federal agencies to assess various methods 
     to improve egg safety.
       NIOSH is to be commended on its commitment to ongoing 
     partnership with the occupational safety and health broader 
     researcher community, public and private. Partnership 
     structures, which are key to the development of NORA, are no 
     less important in the implementation phase. NIOSH is urged to 
     work with its partners to augment resources available to the 
     Institute for NORA research. In particular, NIOSH is 
     encouraged to continue partnering with the NIH to co-sponsor 
     and fund extramural research in relevant NORA priority areas.

                     NATIONAL INSTITUTES OF HEALTH

                       National Cancer Institute

       The conference agreement includes $2,927,187,000 for the 
     National Cancer Institute as proposed by the Senate instead 
     of $2,787,830,000 as proposed by the House.
       The conference agreement deletes without prejudice the 
     Senate bill language specifying $175,000,000 for prostate 
     cancer research at the National Institutes of Health. The 
     House bill contained no similar provision. It is agreed that 
     spending for prostate cancer research over the years has not 
     kept sufficient pace with the scientific opportunities and 
     the proportion of the male population who are afflicted with 
     this disease. This has resulted in significant gaps in 
     scientific and clinical knowledge that contribute to the 
     ongoing morbidity and mortality directly attributable to 
     prostate cancer.
       To address this shortcoming, NIH is strongly urged to make 
     prostate cancer a top priority in allocating funding 
     increases. The agency is expected to accelerate spending on 
     prostate cancer, taking into account the recommendation 
     contained in the Senate report and bill. It is further 
     expected that NIH will consult closely with the research 
     community, clinicians, patient advocacy groups, and the 
     Congress to identify promising new avenues of basic and 
     clinical research. The agency is directed to develop a report 
     to be presented to the House and Senate Committees on 
     Appropriations within six months outlining the professional 
     judgment for prostate cancer research for the next five 
     years. The Secretary and the Director should also be prepared 
     to discuss actions taken in planning, funding, and 
     implementing the agency's prostate cancer research portfolio 
     for fiscal years 1999 and 2000.

[[Page H11394]]

       Despite impressive NIH progress in the area of brain cancer 
     research and development, there are still concerns with the 
     growth rate of such tumors and NCI should continue to place a 
     high priority on brain tumor research. The conference 
     agreement supports the approach of using centers of 
     excellence to conduct basic, translational, and clinical 
     research to determine the cause, mechanisms of development, 
     and better methods of treatment and prevention of primary and 
     secondary brain tumors.
       The conference agreement concurs with Senate report 
     language regarding the need for a comprehensive initiative 
     designed to assist in minority cancer control, prevention, 
     and treatment and notes that the Early Detection Breast 
     Cancer Program consortium in south Florida is currently 
     addressing the needs of the minority population with a 
     concentrated and coordinated research and treatment effort. 
     NCI is encouraged to provide increased funding for a breast 
     cancer research initiative designed to assist in minority 
     cancer control, prevention, and treatment.
       The Institute is urged to work with NIOSH to enhance 
     extramural research in relevant NORA priority areas such as 
     cancer research methods, special populations at risk, mixed 
     exposures, risk assessment methods, and exposure assessment 
     methods.

                National Heart, Lung and Blood Institute

       The conference agreement includes $1,793,697,000 for the 
     National Heart, Lung and Blood Institute as proposed by the 
     Senate instead of $1,720,344,000 as proposed by the House.
       The conference agreement concurs with language in the House 
     and Senate reports concerning the importance of the Institute 
     establishing a network of collaborative clinical centers for 
     research into Cooley's anemia.
       The conference agreement supports research in the areas of 
     ischemic injury, perioperative medicine, and preventative 
     measures to reduce cardiovascular disease and further support 
     collaborative efforts to expand a comprehensive national 
     cardiopulmonary disease prevention program with particular 
     emphasis on risk assessment, promotion of healthy behavior, 
     and independent quality control and evaluation.
       The Institute is urged to enhance research on sleep 
     disorders and continue its support for sleep education 
     programs targeted at elementary and secondary school 
     students.

         National Institute of Dental and Craniofacial Research

       The conference agreement includes $234,338,000 for the 
     National Institute of Dental and Craniofacial Research 
     instead of $228,961,000 as proposed by the House and 
     $233,588,000 as proposed by the Senate.

    National Institute of Diabetes and Digestive and Kidney Diseases

       The conference agreement includes $994,218,000 for the 
     National Institute of Diabetes and Digestive and Kidney 
     Diseases as proposed by the Senate instead of $951,203,000 as 
     proposed by the House.
       The conference agreement concurs with Senate report 
     language regarding the need for expanded research into Type 
     I, or juvenile, diabetes. NIDDK and other NIH Institutes with 
     an interest in diabetes are encouraged to focus additional 
     resources in this critically important area.
       The conference agreement provides sufficient funding for 
     NIDDK to expand its efforts into funding special initiatives 
     focusing on higher-risk, innovative research in high priority 
     areas.

        National Institute of Neurological Disorders and Stroke

       The conference agreement includes $903,278,000 for the 
     National Institute of Neurological Disorders and Stroke as 
     proposed by the Senate instead of $851,066,000 as proposed by 
     the House.
       The Institute is encouraged to expand efforts in the area 
     of epilepsy research, specifically for intractable or 
     uncontrolled epilepsy.
       Progressive supranuclear palsy is a rare but distinct 
     neurodegenerative disease affecting approximately 10,000 or 
     more patients. The Institute is urged to support research in 
     this area through all available mechanisms including the 
     testing of neurotrophic factors that delay disease 
     progression.

         National Institute of Allergy and Infectious Diseases

       The conference agreement includes $1,570,102,000 for the 
     National Institute of Allergy and Infectious Diseases instead 
     of $1,540,102,000 as proposed by the Senate and 
     $1,470,460,000 as proposed by the House.
       Autoimmune diseases such as multiple sclerosis, rheumatoid 
     arthritis, diabetes, and lupus affect millions of Americans 
     and disproportionately affect women and minorities. It is 
     believed that enhanced research in this area holds the 
     potential to cure and prevent many diseases. In addition, 
     more needs to be known about the specific environmental 
     agents that are causing the onset of the diseases, genetic 
     susceptibility, and how the body regulates the autoimmune 
     response. Therefore, NIAID is strongly urged to expand its 
     research efforts to capitalize on recent discoveries of 
     autoimmune reactions and newly developed treatments that can 
     suppress immune responses without toxic side effects. It is 
     understood that the NIH Autoimmune Diseases Coordinating 
     Committee should provide greater coordination and renewed 
     focus for autoimmunity research on the NIH campus.

             National Institute of General Medical Sciences

       The conference agreement includes $1,197,825,000 for the 
     National Institute of General Medical Sciences as proposed by 
     the Senate instead of $1,150,840,000 as proposed by the 
     House.

        National Institute of Child Health and Human Development

       The conference agreement includes $750,982,000 for the 
     National Institute of Child Health and Human Development 
     instead of $728,817,000 as proposed by the House and 
     $748,482,000 as proposed by the Senate.
       The conference agreement concurs with language contained in 
     the House report relating to reading disabilities.

                         National Eye Institute

       The conference agreement includes $395,857,000 for the 
     National Eye Institute instead of $383,447,000 as proposed by 
     the House and $395,261,000 as proposed by the Senate.

          National Institute of Environmental Health Sciences

       The conference agreement includes $375,743,000 for the 
     National Institute of Environmental Health Sciences as 
     proposed by the Senate instead of $356,047,000 as proposed by 
     the House.
       The Institute and the Office of Research on Minority Health 
     are cooperating to address environmental health effects in 
     underserved and minority populations. NIEHS is urged to 
     enhance support for previously selected environmental health 
     effects/minority health centers. Special emphasis should be 
     given to developing improved capabilities in clinical 
     environmental health and community outreach in the areas of 
     human health and environmental medicine.
       The Institute is urged to work with NIOSH to enhance 
     extramural research in relevant NORA priority areas such as 
     indoor environment, fertility and pregnancy abnormalities, 
     hearing loss, mixed exposures, emerging technologies, cancer 
     research methods, exposure assessment methods, and risk 
     assessment methods.

                      National Institute on Aging

       The conference agreement includes $596,521,000 for the 
     National Institute on Aging as proposed by the Senate instead 
     of $565,574,000 as proposed by the House.
       The Institute, working in collaboration with NINDS and 
     NIMH, is urged to launch a full-scale prevention initiative 
     aimed at stopping Alzheimer's disease among those who may not 
     exhibit symptoms for several years.
       It is noted that there has been a significant growth of 
     research on osteoporosis, Paget's disease, and related bone 
     diseases. The Institute is encouraged to further expand and 
     intensify its research programs on these bone diseases.
       The Institute is urged to work with NIOSH to enhance 
     extramural research in relevant NORA priority areas such as 
     special populations at risk, hearing loss, low back 
     disorders, traumatic injuries, asthma and chronic obstructive 
     pulmonary disease, musculoskeletal disorders of the upper 
     extremities, and organization of work.

 National Institute of Arthritis and Musculoskeletal and Skin Diseases

       The conference agreement includes $308,164,000 for the 
     National Institute of Arthritis and Musculoskeletal and Skin 
     Diseases instead of $296,668,000 as proposed by the House and 
     $304,320,000 as proposed by the Senate.
       Osteogenesis Imperfecta (OI), more commonly known as 
     Brittle Bone Disease, is a rare genetic disorder for which 
     there is presently no cure. NIH is encouraged to expand its 
     support for research into the causes, diagnosis, treatment, 
     prevention, and eventual cure of OI and to coordinate public 
     research efforts on OI with those supported by the private 
     sector.

    National Institute on Deafness and Other Communication Disorders

       The conference agreement includes $229,887,000 for the 
     National Institute on Deafness and Other Communication 
     Disorders as proposed by the Senate instead of $216,995,000 
     as proposed by the House.

                 National Institute of Nursing Research

       The conference agreement includes $69,834,000 for the 
     National Institute of Nursing Research as proposed by the 
     Senate instead of $68,198,000 as proposed by the House.

           National Institute of Alcohol Abuse and Alcoholism

       The conference agreement includes $259,747,000 for the 
     National Institute of Alcohol Abuse and Alcoholism as 
     proposed by the Senate instead of $248,778,000 as proposed by 
     the House.

                    National Institute on Drug Abuse

       The conference agreement includes $603,274,000 for the 
     National Institute on Drug Abuse as proposed by the Senate 
     instead of $575,426,000 as proposed by the House.

                  National Institute of Mental Health

       The conference agreement includes $861,208,000 for the 
     National Institute of Mental Health as proposed by the Senate 
     instead of $815,707,000 as proposed by the House.

                National Human Genome Research Institute

       The conference agreement includes $264,892,000 for the 
     National Human Genome Research Institute instead of 
     $246,111,000 as proposed by the House and $249,891,000 as 
     proposed by the Senate.

[[Page H11395]]

                 National Center for Research Resources

       The conference agreement includes $554,819,000 for the 
     National Center for Research Resources as proposed by the 
     Senate instead of $513,948,000 as proposed by the House. The 
     conference agreement also includes bill language designating 
     $30,000,000 for extramural facilities construction grants as 
     proposed by the Senate instead of $20,000,000 as proposed by 
     the House.
       The possible use of non-destructive evaluation methods to 
     improve diagnostic capabilities in medicine is encouraging. 
     Research in the area of developing computer simulations, 
     virtual imaging environment, and quantitative 
     characterization for radiology, CT, ultrasound and magnetic 
     resonance and others should be investigated. The Director is 
     encouraged to support research in the area of non-destructive 
     evaluation techniques and medical diagnostics.

                  John E. Fogarty International Center

       The conference agreement includes $35,426,000 for the John 
     E. Fogarty International Center as proposed by the Senate 
     instead of $30,367,000 as proposed by the House.

                      National Library of Medicine

       The conference agreement includes $181,309,000 for the 
     National Library of Medicine as proposed by the Senate 
     instead of $176,492,000 as proposed by the House.

                         Office of the Director


                     (including transfer of funds)

       The conference agreement includes $306,559,000 for the 
     Office of the Director instead of $254,145,000 as proposed by 
     the House and $302,947,000 as proposed by the Senate.
       The conference agreement includes a designation in bill 
     language of $43,493,000 for the operations of the Office of 
     AIDS Research as proposed by the Senate instead of 
     $41,752,000 as proposed by the House. It is understood that 
     within the total funding for NIH provided in the conference 
     agreement, NIH would intend to spend $1,792,916,000 on AIDS 
     research. It is also understood that this total may be 
     modified depending on changing scientific opportunities and 
     the recommendations of various advisory bodies.
       The conference agreement includes a designation in bill 
     language of $50,000,000 for the Center for Complementary and 
     Alternative Medicine as proposed by the Senate. The 
     conference agreement also includes language providing that 
     not less than $20,000,000 of the funding made available for 
     the Center shall be for peer reviewed complementary and 
     alternative medicine research grants and contracts that 
     respond to program announcements and requests for proposals 
     issued by the Center as proposed by the Senate. The House 
     bill contained no similar provisions.
       The Office of Rare Diseases (ORD) is to be commended for 
     its leadership in the development and implementation of 
     databases to match patients with ongoing or planned clinical 
     research projects and in the convening of scientific 
     workshops and symposia to identify and stimulate research on 
     rare diseases. ORD is encouraged to expand initiatives to 
     equip the NIH to respond to inquiries of patients, care 
     givers, research investigators, and health care providers 
     about genetic and rare disorders and to stimulate rare 
     disorders research. ORD is also encouraged, with the 
     assistance of the research Institutes and centers of the NIH, 
     to review the existing infrastructure of biological samples, 
     human cell, and tissue banks supported by the NIH and develop 
     an information program to publicize the availability of these 
     resources and the methods to contribute or gain access to 
     these samples for research purposes. The conference agreement 
     notes the fact that the Report from the Special Emphasis 
     Panel on the Coordination of Research on Rare Diseases is 
     near completion and endorses the collaboration with the Food 
     and Drug Administration to provide support for toxicity 
     studies for gene vectors for rare disorders.
       The Office of Dietary Supplements (ODS) is encouraged to 
     continue its research into the bioavailability of dietary 
     supplements as it affects the efficacy of these products. In 
     conjunction, it is recommended that ODS ensure this research 
     includes studying the comparative disintegration of such 
     products in the digestive system as a prerequisite for their 
     bioavailability. ODS is also urged to enhance efforts in the 
     areas of chromium supplementation and diabetes and the 
     development of a botanical research initiative.
       The conference agreement supports the fiscal year 1999 
     funding level proposed in NIH budget documents for 
     Parkinson's disease. Consistent with the enactment of the 
     Morris K. Udall Parkinson's Research Act of 1997, NIH is 
     expected to utilize resources for research focused on 
     Parkinson's disease such as where the principal focus of the 
     research is the cause, pathogenesis, and/or potential 
     therapies or treatment for Parkinson's disease.
       Stress contributes to a host of medical conditions 
     confronted by health care practitioners. In addition to 
     pharmaceutical and surgical approaches used to treat stress-
     related illnesses, mind/body approaches such as the 
     relaxation response have been used to successfully treat 
     these disorders. The agency is urged to use all available 
     mechanisms, including establishing two to five mind/body 
     centers, to make more visible the benefits of mind/body 
     medicine. It is also noted that existing centers have 
     expertise to accelerate work in this field, and the Director 
     is encouraged to establish partnerships between new and 
     existing centers to expand the scientific base in the field 
     of mind/body medicine and teach and train health care 
     professionals in these approaches.
       There are limited options at the present time for the 
     treatment of multiple sclerosis. A number of investigators 
     and companies are conducting promising research on T-cell 
     receptor vaccines that could be used as therapy for multiple 
     sclerosis and other autoimmune diseases such as rheumatoid 
     arthritis, myasthenia gravis, and psoriasis. The NIH is 
     encouraged to enhance research in this area through all 
     available mechanisms, including clinical trials.
       NIH is encouraged to increase funding for Behcet's 
     Syndrome, which is a rare chronic relapsing inflammatory 
     disorder characterized by recurrent mouth ulcers, 
     inflammation of the eyes, genital ulcers, rashes, and/or 
     other symptoms.
       From within the total funding provided for the various 
     Institutes, centers and divisions, it is anticipated that 
     funding for the pediatric research initiative will be 
     increased above last year's level. These funds are made 
     available directly to the Institutes through the NIH Areas of 
     Special Emphasis, which target those areas of research 
     opportunity most likely to yield greater returns on the 
     Federal investment in biomedical research. The Director is 
     expected to provide overall leadership for and coordination 
     of these extramural research activities devoted to children's 
     illnesses and conditions.
       The conference agreement concurs with House report language 
     regarding the use of contractor assistance in the 
     implementation of the administrative structure and costs 
     report. It is believed that the implementation of the reports 
     recommendations are critical to ensuring that NIH has the 
     capacity to absorb the resources provided efficiently and 
     effectively.
       The Director is urged to provide funding to the Office of 
     Research on Minority Health (ORMH) in addition to existing 
     and previously planned activities for the purpose of 
     increasing the number of African American principal 
     investigators funded to conduct HIV behavioral and clinical 
     research targeting the links between substance abuse, sexual 
     behaviors and the extraordinary HIV infection rates in 
     African Americans. Special emphasis should be placed on 
     research into ways of breaking this linkage. Research 
     designed to build a culturally competent community knowledge 
     base in areas hardest hit by HIV/AIDS is also a priority. The 
     ORMH is urged to expand support to non-traditional 
     organizations in the Black Faith community, in particular 
     those which are able to play a critical role in outreach to 
     individuals who live in areas hardest hit by HIV/AIDS would 
     also be a priority. This is an effort to improve the quality 
     of care and health outcomes for African Americans and other 
     minorities that are at risk for and living with HIV/AIDS. In 
     allocating these funds, consideration should be given to the 
     territories, such as in the Virgin Islands, where, for 
     example, the HIV/AIDS case rate is more than twice the 
     national case rate of 24.1 per 100,000.
       The Director is urged to expand and strengthen population 
     based research to more effectively target at-risk persons, 
     address community norms and support the adoption of HIV risk 
     reduction behaviors and sustain behavioral change among high 
     risk populations. Such activities should specifically 
     consider targeting: pregnant and parenting teenagers and 
     their sexually active partners; African American heterosexual 
     men in age specific populations; African American women in 
     age specific populations ranging within the child bearing 
     ages of 15 to 44; and provide for risk reduction for crack 
     cocaine abusing youth who participate in the sex for drugs 
     trade that is associated with such drug use.
       The Director is urged to cooperate in completing the 
     Institute of Medicine study on cancer among minorities and 
     the medically undeserved, and to provide timely access to 
     requested data to enable the IOM to complete the study in an 
     expeditiou fashion. The Director is expected to report on the 
     study's progress during the hearings on the fiscal year 2000 
     budget request.

                        Buildings and Facilities

       The conference agreement includes $237,519,000 instead of 
     $224,599,000 as proposed by the House and $263,822,000 as 
     proposed by the Senate. The conference agreement provides for 
     $90,000,000 for the Clinical Research Center in fiscal year 
     1999 and $40,000,000 in fiscal year 2000 as proposed by the 
     Senate. The House bill included funding for the Clinical 
     Research Center only for fiscal year 1999.

       SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION

               Substance Abuse and Mental Health Services

       The conference agreement provides a program level of 
     $2,488,005,000 for substance abuse and mental health services 
     instead of $2,458,005,000 as proposed by the House and 
     $2,151,643,000 as proposed by the Senate.
       The conference agreement does not include bill language 
     proposed by the House that identified $10,000,000 for grants 
     to rural and Native American projects. The Senate bill 
     contained no similar provision. The conference agreement 
     concurs with Senate report language regarding the CSAP and 
     CSAT grants reserved for rural and native communities.
       The conference agreement includes bill language identifying 
     $300,000 for the Philadelphia City-wide Improvement and 
     Planning Agency for a youth mentoring program.

[[Page H11396]]

       The conference agreement includes a general provision to 
     allow funds allocated to the States for the substance abuse 
     block grant and the mental health block grant to be allocated 
     according to current law which would incorporate the 
     Secretary's decision to change the wage proxy to the use of 
     non-manufacturing wages. In doing so, it is agreed that, for 
     the substance abuse block grants, each State will receive no 
     less than 30.65 percent of the percentage increase of the 
     overall block grant amount. It is also agreed that small 
     States will receive a minimal allotment of .375 percent of 
     the appropriation for the substance abuse block grant except 
     that no small State's allotment shall be increased in 1999 
     more than 300 percent of the percentage increase in the 
     overall funding for the block grants. The Senate bill 
     contained language that required each State to receive the 
     same allotment in fiscal year 1999 as it did in fiscal year 
     1997. The House bill contained no similar provision. The 
     conference agreement includes $40,000,000 within the 
     Center for Mental Health KDA program to improve mental 
     health services for children with emotional and behavioral 
     disorders who are at-risk of violent behavior. There are 
     concerns about the recent outbreaks of violence in our 
     Nation's schools and it is believed that one important 
     tool to address this problem is to improve children's 
     mental health services. This additional funding will 
     assist schools in identifying and addressing the mental 
     health needs of children and preventing aggressive 
     behaviors. Schools are an ideal location for children's 
     mental health activities because they facilitate peer-
     based programs, comprehensive approaches, and access to 
     professionals in a familiar environment where many of the 
     problem behaviors occur. It is intended that SAMHSA will 
     collaborate with the Department of Education to develop a 
     coordinated approach.
       The conference agreement provides $2,000,000 from the 
     Center for Mental Health Services KDA program and $3,000,000 
     from the Center for Substance Abuse Treatment KDA program for 
     a joint award to fund the development of an integrated 
     service delivery system in the State of Alaska to provide 
     both mental health and substance abuse treatment services.
       The conference agreement provides $1,000,000 for assistance 
     to rural areas in Alaska to support the expansion of services 
     for women and children as part of the Targeted Capacity 
     Expansion Program.
       The conference agreement includes sufficient funds for a 
     national mental health self-help information resource center 
     and recommends that the agency provide funds to support such 
     a center.
       The conference agreement supports the initiative to collect 
     State-level substance abuse data, but has not provided 
     separate, line item funding. Instead, consistent with the 
     fiscal year 1998 conference agreement, the agency is expected 
     to fund this project from the five percent set-aside in the 
     substance abuse block grant.
       The conference agreement provides $22,000,000 in 
     additional, targeted funding to compliment existing and 
     previously planned targeted HIV/AIDS minority activities to 
     strengthen abuse treatment and prevention programs that 
     include an HIV component. These funds should also be used to 
     address the HIV epidemic in the territories, such as in the 
     Virgin Islands where, for example, the HIV/AIDS case rate is 
     more than twice the national case rate of 24.1 per 100,000.
       Within the total amount provided, $16,000,000 is for the 
     Center for Substance Abuse Treatment, of which $9,000,000 
     shall be used for comprehensive residential treatment for 
     women and their children, and $7,000,000 shall be dedicated 
     to treatment programs serving youth and men; and $6,000,000 
     is for the Center for Substance Abuse Prevention to be 
     targeted to prevention services for African American Youth.

               AGENCY FOR HEALTH CARE POLICY AND RESEARCH

                    Health Care Policy and Research

       The conference agreement includes $100,408,000 in 
     appropriated funds as proposed by the House instead of 
     $50,000,000 as proposed by the Senate.
       The conference agreement designates $70,647,000 to be 
     available to the Agency for Health Care Policy and Research 
     under the Public Health Service one percent evaluation set-
     aside as proposed by the House instead of $121,055,000 as 
     proposed by the Senate.
       The Henry Ford Health System has a proposal to develop a 
     collaborative, interdepartmental effort focused on the 
     advanced use of patient demographic and clinical data. The 
     agency is encouraged to review the proposal's merits.
       The Community Health Assessment and Development Program has 
     a proposal to develop an urban improvement program involving 
     integrated data and outcome measures to health care providers 
     in the northeast Ohio area. The agency is encouraged to 
     review the proposal's merits.

                  HEALTH CARE FINANCING ADMINISTRATION

                           Program Management

       The conference agreement makes available $1,946,500,000 for 
     program management instead of $1,942,500,000 as proposed by 
     the House and $1,685,550,000 as proposed by the Senate. The 
     Senate bill assumed that the Administration's user fee 
     proposal would be enacted prior to conference. Included 
     within this amount is $4,000,000 to improve the survey and 
     certification and enforcement process to insure that nursing 
     home residents receive the quality of care required by the 
     Nursing Home Reform Act of 1987. An additional appropriation 
     of $560,000,000 has been provided for this account in the 
     Health Insurance Portability and Accountability Act of 1996.
       The conference agreement includes bill language identifying 
     $1,000,000 for the National Bipartisan Commission on the 
     Future of Medicare instead of $600,000 as proposed in both 
     House and Senate bills. The conference agreement also deletes 
     language contained in both bills, but is no longer needed, 
     that directs the Commission to examine the impact health 
     research has on Medicare costs as well as the potential for 
     coordinating Medicare with cost-effective long-term care 
     services.
       The conference agreement includes bill language identifying 
     $45,000,000 for the transition to a single Part A and Part B 
     processing system and Year 2000 century conversion 
     requirements of external contractor systems. The House and 
     Senate bills provided $45,000,000 and $25,000,000, 
     respectively, only for transition to a single Part A and Part 
     B processing system.
       The conference agreement includes bill language identifying 
     $2,000,000 of the funds available for research, 
     demonstration, and evaluation activities to 
     continue demonstration projects on Medicaid coverage of 
     community-based attendant care services for people with 
     disabilities which ensure maximum control by the consumer 
     to select and manage their attendant care services. The 
     House bill contained no similar provision.
       The conference agreement provides for the Medicare rural 
     hospital flexibility grants program under the Health 
     Resources and Services Administration instead of HCFA as 
     proposed by the Senate. The House bill contained no similar 
     provision.
       The conference agreement includes $2,000,000 to support 
     research conducted by the Sinclair School's Tiger Place to 
     develop a comprehensive elderly health care delivery model 
     evaluation.
       The conference agreement includes $2,000,000 within 
     research to conduct a demonstration of residential treatment 
     facilities at the AIDS Healthcare Foundation in Los Angeles.
       The agency is encouraged to give strong consideration to 
     reclassifying Iredell County, North Carolina to the large 
     urban area of Charlotte-Gastonia-Rock Hill, North Carolina 
     for the purposes of Medicare hospital reimbursement.
       The agency is urged to extend the chronic ventilator-
     dependent unit demonstration at Temple University Hospital 
     for one additional year. It is expected that this project 
     will be permanently authorized after next year and this 
     extension will no longer be needed.
       The conference agreement recommends the Secretary base 
     retaining or changing the current requirement of physician 
     supervision of anesthesia services in Medicare on 
     scientifically valid outcomes data. Concern has been 
     expressed regarding HCFA's proposed elimination of this 
     requirement which has been in effect since the inception of 
     the Medicare program. The conference agreement further 
     suggests that the Secretary request the Agency for Health 
     Care Policy and Research to work with HCFA in a design and 
     implementation of an outcome approach that would examine, 
     utilizing existing Medicare operating room anesthesia data, 
     mortality and adverse outcome rates by different anesthesia 
     providers, adjusted to patient acuity, and other relevant 
     scientific variables. This methodology should be developed 
     after consultation with the relevant national professional 
     organizations. Nothing in this report shall be construed as 
     encouraging, discouraging, or delaying HCFA from removing or 
     retaining the current physician supervision requirement.
       The conference agreement concurs with language contained in 
     the House report and includes funds to demonstrate and 
     evaluate family and community responses to the care of the 
     elderly.
       The Secretary is urged to consider a demonstration program 
     to evaluate the potential savings to the Federal government 
     and the level of quality improvement attainable by using 
     managed care techniques in Federal health care programs 
     relating to clinical laboratory services, including the use 
     of preferred provider networks and selective contracting.
       There is concern about the large disparity between the 
     costs incurred by clinical laboratories to provide manual 
     screening Pap tests and the amount currently paid by 
     Medicare. Data from laboratories nationwide that provide 
     service indicates that the cost of providing the test 
     averages $13.00 to $17.00, with the costs in some areas being 
     higher, yet Medicare currently pays $7.15. It is believed 
     that adequate payment is a necessary component of ensuring 
     women's access to quality Pap smears. The agency is urged to 
     act as soon as possible to increase the Medicare payment for 
     the screening Pap smear.
       The agency is further urged to provide for a commensurate 
     increase in the payment rate for new cervical cancer 
     screening technologies that have been approved by the Food 
     and Drug Administration as significantly more effective than 
     the conventional pap smear. It is recognized that access to 
     the best cervical cancer screening techniques is particularly 
     important to low-income, minority, and elderly women covered 
     by Medicare who in too many cases do not receive regular 
     preventive screenings.

[[Page H11397]]

       The agency is urged to carry out an outreach campaign to 
     increase utilization of pneumococcal and flu vaccines for 
     Medicare beneficiaries as authorized by the Balanced Budget 
     Act of 1997.
       HCFA should be commended for its efforts in California and 
     elsewhere to develop and disseminate culturally and 
     linguistically appropriate HIV/AIDS-related education models 
     for minority women of childbearing age and health care 
     providers. HCFA is encouraged to continue its efforts to 
     coordinate the broader development and dissemination of 
     multimedia education materials needed to reach this 
     population, including managed care organizations, community 
     health centers, States and community-based organizations.

                Administration for Children and Families

                   Family Support Payments to States

       The conference agreement includes bill language proposed by 
     the Senate to allow reimbursement payments to States under 
     the old Aid to Families with Dependent Children program, 
     subject to the limitations in the Personal Responsibility and 
     Work Opportunity Reconciliation Act of 1996. The House had no 
     similar provision.

               Low Income Home Energy Assistance Program

       The conference agreement does not include the rescission of 
     the fiscal year 1999 appropriation that was contained in the 
     House bill. The Senate bill contained no rescission of these 
     funds which were appropriated in the fiscal year 1998 
     appropriations bill. The agreement also includes an emergency 
     appropriation for fiscal year 1999 of $300,000,000 as 
     proposed by the Senate. The House bill included no emergency 
     appropriation. The agreement also includes an advance 
     appropriation for fiscal year 2000 in the amount of 
     $1,100,000,000 as contained in both the House and Senate 
     bills.
       The conference agreement provides that in both fiscal years 
     1999 and 2000 up to $27,500,000 is to be used for the 
     leveraging incentive fund.

                     Refugee and Entrant Assistance

       The conference agreement includes $415,000,000 as proposed 
     by the Senate instead of $415,165,000 as proposed by the 
     House. It is understood that approximately $20,000,000 will 
     be available in 1999 from 1997 carryover funds; these funds 
     shall be used under social services to increase educational 
     support to schools with a significant proportion of refugee 
     children and for the development of alternative cash 
     assistance programs that involve case management 
     approaches to improve resettlement outcomes. Such support 
     should include intensive English language training and 
     cultural assimilation programs.
       The conference agreement provides $220,698,000 for 
     transitional and medical services, a decrease of $10,000,000 
     below the House and Senate bills. This reduction reflects 
     lower estimates of 1998 program costs that are continued into 
     1999. The funding level for transitional and medical services 
     is sufficient to continue the policy of providing eight 
     months of assistance to new arrivals.
       The conference agreement provides $139,990,000 for social 
     services, an increase of $5,000,000 over the House and 
     $10,000,000 over the Senate. The conference agreement 
     includes $26,000,000 for increased support to communities 
     with large concentrations of refugees whose cultural 
     differences make assimilation especially difficult justifying 
     a more intense level and longer duration of Federal 
     assistance, and $14,000,000 to address the needs of refugees 
     and communities impacted by the recent changes in Federal 
     assistance programs relating to welfare reform. The agreement 
     includes $19,000,000 for assistance to communities impacted 
     by Cuban and Haitian entrants and refugees whose arrivals in 
     recent years have increased.
       The conference agreement includes $4,835,000 for preventive 
     health as proposed by the Senate. The House bill consolidated 
     this activity into social services.

                 Child Care and Development Block Grant

       The conference agreement appropriates $1,182,672,000 as an 
     advance appropriation for fiscal year 2000 as proposed by the 
     Senate, instead of $1,000,000,000 as proposed by the House. 
     The agreement further provides that $19,120,000 shall be for 
     child care resource and referral and school-aged child care 
     activities as proposed by the Senate. The House had no 
     similar provision. The agreement includes language proposed 
     by the Senate modified to require the States to utilize 
     $50,000,000 above the amount required by section 658G of the 
     basic law for activities that improve the quality of infant 
     and toddler child care for fiscal year 1999. The House had no 
     similar provision. The agreement includes language to require 
     the States to utilize $222,672,000 above the amount required 
     by the basic law for activities that improve the quality of 
     child care for fiscal year 2000, including $50,000,000 
     specifically for infant and toddler child care. The Senate 
     bill specified $50,000,000 for that purpose. The basic law 
     requires that not less than four percent of the appropriation 
     be used for such activities. Finally, the agreement includes 
     $10,000,000 for the Secretary to carry out research, 
     demonstration and evaluation projects in fiscal year 2000.

                      Social Services Block Grant

       The conference agreement includes $1,909,000,000 as 
     proposed by the Senate instead of $2,299,000,000 as proposed 
     by the House. The agreement modifies a provision included in 
     both bills that limits the ability of States to transfer TANF 
     funds to the Social Services Block Grant. The transfer 
     percentage allowed in fiscal years 1999 and 2000 will be 10 
     percent.

                Children and Families Services Programs


                        (including rescissions)

       The conference agreement appropriates $6,137,087,000, 
     instead of $5,946,820,000 as proposed by the House and 
     $6,113,784,000 as proposed by the Senate. In addition, the 
     agreement rescinds $21,000,000 from permanent appropriations 
     as proposed by both the House and Senate.
       The agreement does not include an advance appropriation of 
     $1,365,000,000 for Head Start for fiscal year 2000 proposed 
     by the Senate. All Head Start funds in the conference 
     agreement are fiscal year 1999 appropriations.
       The agreement appropriates $105,000,000 from the Violent 
     Crime Reduction Trust Fund as proposed by the House instead 
     of $101,000,000 as proposed by the Senate.
       The agreement includes language proposed by the Senate 
     providing that $10,000,000 shall be available for 
     establishing Individual Development Accounts, contingent upon 
     the enactment of authorizing legislation. The House had no 
     similar provision. Also included is an additional citation to 
     the Social Security Act as proposed by the Senate.
       Within the amount provided for child abuse discretionary 
     activities, $1,000,000 is available for carrying out 
     activities authorized by section 105(a)(2) of the Child Abuse 
     Prevention and Treatment Act and $2,000,000 is provided to 
     fund a child abuse prevention resource center for the 
     Southeastern region of the United States to be coordinated by 
     the children's trust fund of Alabama.
       Sufficient funds are included to enable the Department to 
     give full and fair consideration to a proposal under the 
     Child Abuse Prevention and Treatment Act for a national 
     network to increase the safety of children. The Public 
     Children Services Association of Ohio would be especially 
     suited as a model for such a network.
       Sufficient funds are available within the runaway and 
     homeless youth activities to fund the Center County Youth 
     Services of State College and Three Rivers Youth of 
     Pittsburgh at the fiscal year 1998 funding level.
       The conference agreement concurs with the Senate report 
     language calling for a pilot study to carefully examine 
     information systems issues confronting States as a result of 
     welfare reform, such as data collection and reporting 
     requirements, case management systems, and the integration of 
     multiple systems.
       The conference agreement provides $4,000,000 to the 
     Administration on Developmental Disabilities to award 
     competitive grants to conduct training and technical 
     assistance and other national activities designed to address 
     the problems which impede the self-sufficiency of families of 
     children with disabilities.
       The conference agreement provides $1,000,000 for Community 
     Legal Services, Inc., of Philadelphia, PA, to continue 
     providing legal services for the poor.
       The conference agreement provides that $130,000 is to be 
     used for colleges and universities that have enrolled 
     American Indian and/or Alaska Natives in masters degree 
     programs in social work for purposes of providing 20 field 
     practicum placements of masters degree candidates in Indian 
     reservation and rural Indian community settings.
       The conference agreement concurs in the Senate Report 
     language concerning the job creation demonstration authorized 
     under section 505 of the Family Support Act of 1988.
       The Head Start Bureau is encouraged to coordinate an effort 
     with other agencies aimed at strengthening families and 
     communities in their efforts to reduce the negative effect of 
     substance abuse on the development of young children.

       Payments to States for Foster Care and Adoption Assistance

       The conference agreement appropriates $3,764,000,000 as 
     proposed by the House instead of $3,964,000,000 as proposed 
     by the Senate. The agreement does not include a $200,000,000 
     reserve fund proposed by the Senate.

                        Administration on Aging

                        Aging Services Programs

       The conference agreement appropriates $882,020,000, instead 
     of $861,020,000 as proposed by the House and $876,050,000 as 
     proposed by the Senate. The agreement includes legal 
     citations as proposed by the House with respect to the 
     Alzheimer's initiative. The agreement funds this initiative 
     in the Administration on Aging as proposed by the House.
       The conference agreement provides funding for the Senior 
     Outreach Program as described in the Senate Committee Report.
       The conference agreement includes the following amounts 
     under aging research and training:
       --$1,000,000 for Family Friends
       --$750,000 for a project to monitor and report incidents of 
     elderly abuse and neglect as described in the Senate 
     Committee Report
       --$750,000 for using telemedicine and video conferencing to 
     improve the health of rural elderly Americans and to educate 
     health care personnel in rural areas as described in the 
     Senate Committee Report
       --$1,000,000 for an outcomes evaluation needed for the 
     Government Performance and Results Act

[[Page H11398]]

       --$7,000,000 to test different models designed to train 
     retirees in local communities in detection and reporting of 
     Medicare waste and abuse
       --$200,000 for a pilot project to coordinate, manage and 
     assure the provision of supportive services, home health, 
     physical therapy, nursing home, and other health care for the 
     elderly and mentally and physically disabled at North Central 
     Community Services of Wausau, Wisconsin.
       It is recommended that the Administration on Aging allocate 
     research and training funds equitably to national minority 
     aging organizations with a proven track record in delivering 
     services to low income minority persons.
       It is recognized that there is a lack of aging-related 
     service capacity in Native American communities. The 
     Department is urged to review the cooperative agreements with 
     the two previously funded national resource centers at the 
     University of Colorado and the University of North Dakota 
     which are currently serving Native American elders. Further, 
     each center is strongly encouraged to consult with Title VI 
     Directors to assure that each center is providing training 
     and technical support.

                        Office of the Secretary

                    General Departmental Management

       The conference agreement appropriates $185,902,000, instead 
     of $172,513,000 as proposed by the House and $174,160,000 as 
     proposed by the Senate. The agreement includes a legal 
     citation proposed by the Senate for the United States-Mexico 
     Border Health Commission.
       The conference agreement includes language proposed by the 
     House that earmarks $890,000 for a contract with the National 
     Academy of Sciences to conduct a study of available 
     scientific literature on repetitive tasks in the workplace 
     and musculoskeletal disorders. This study is to be conducted 
     in accordance with the instructions contained in the House 
     Committee Report.
       The conference agreement contains an increase of $4,000,000 
     over the President's budget request for traditional 
     departmental management activities. These funds are not 
     intended to be used for any other activity. Should the 
     Secretary decide to use any part of these funds for a 
     different purpose, she must first submit a reprogramming 
     request to the Appropriations Committees.
       The conference agreement includes $1,000,000, to be derived 
     from the one-percent evaluation setaside in ASPE, to fund, 
     through a contract with the National Academy of Sciences, the 
     establishment and coordination of a national task force on 
     alcohol-related birth defects. This task force, which will 
     include representation from within, and outside of, the 
     Federal government, shall be charged with developing a 
     national strategy for the prevention of alcohol-related birth 
     defects, including Fetal Alcohol Syndrome and Fetal Alcohol 
     Effect, and for the provision and coordination of appropriate 
     interventions for affected individuals and their families.
       The conference agreement concurs with the Senate Report 
     language concerning the human services transportation 
     technical assistance program.
       The conference agreement includes $1,000,000 to support the 
     activities of the United States-Mexico Border Health 
     Commission as authorized by Public Law 103-400.
       The conference agreement includes $6,400,000 in the Office 
     of Minority Health for the minority male initiative as 
     described in the House Committee Report. Also included for 
     that Office is funding for the three projects at the amounts 
     specified in the Senate Committee Report. In addition, the 
     agreement includes $1,000,000 for the University of Arkansas 
     at Pine Bluff, an historically black institution, for the 
     purpose of upgrading health-related facilities and equipment.
       The conference agreement includes $8,000,000 for the Office 
     of Minority Health to strengthen the role of the OMH in HIV 
     health care promotion and prevention at the state and local 
     level. These funds will complement existing and previously 
     planned targeted HIV/AIDS minority activities. These funds 
     will allow OMH to: initiate an educational campaign to 
     improve knowledge and awareness among HIV-infected racial and 
     ethnic minorities, and the health care providers serving 
     these populations, of the importance of state-of-the-art 
     therapy for HIV/AIDS in improving the length and quality of 
     life; cooperative agreement grantees to work with states to 
     strengthen and monitor state, local and territorial plan for 
     providing HIV services to minorities; collaborate with SAMHSA 
     to fund programs aimed at coordination of services for HIV, 
     drug treatment and metal health; fund state and territory 
     offices of minority health for demonstration projects to 
     improve minority access to information and services and HIV/
     AIDS treatment; and collaborate with NIH and CDC to fund 
     prevention research studies on HIV-related behaviors.
       The OMH is urged to make community development and 
     coordination grants to indigenous organizations with a 
     history of supporting community development efforts in health 
     promotion and disease prevention that would support the 
     development of leadership coalitions to conduct needs 
     assessments and planning processes for the purpose of 
     integrating HIV, STD, TB, substance abuse prevention, 
     treatment and care services. These funds also be used to 
     address the HIV epidemic in the territories, such as in the 
     Virgin Islands where, for example, the HIV/AIDS case rate is 
     more than twice the national case rate of 24.1 per 100,000.
       The conference agreement expects HHS to maintain the 
     current level of support for Meharry Medical College to 
     continue a cooperative agreement to support the development 
     of an integrated health delivery system in a historically 
     underserved community, and that the Office of Minority Health 
     should provide no more than $1,000,000 of the total amount 
     provided for the effort. The remainder shall be provided by 
     other agencies of HHS. the conference agreement includes 
     funds within the Office of Minority Health to continue a 
     study on managed care and historically minority health 
     professions schools.
       The Secretary is encouraged to work with Greater Southeast 
     Medical Center in Southeast, Washington, DC to develop a 
     telemedicine network designed to provide access to modern 
     health information systems.
       The conference agreement concurs with the Senate Committee 
     Report language in the Office on Women's Health concerning 
     the national public education campaign on osteoporosis.
       The Office on Women's Health, the intelligence community 
     and the National Information Display Laboratory (NIDL) are to 
     be commended for their innovative, cooperative technology 
     transfer program begun in 1994. The results of this 
     experimental initial effort have exceeded expectations. 
     Computer-aided diagnoses of mammograms have shown a factor of 
     two improvement in detection of breast microcalcifications. 
     The conference agreement wishes to build upon the success of 
     the initial program, and the Office on Women's Health is 
     strongly urged to continue the technology transfer effort 
     with the NIDL to improve breast cancer detection, conduct 
     clinical evaluations of promising technologies, conduct 
     medical research on topics that show promise for future 
     benefit in breast cancer detection and expand the technology 
     transfer to other priority medical problems.
       The Department is expected, with Department of Energy and 
     Nuclear Regulatory Commission consultation and review, to 
     develop and implement an independent scientific and 
     management review and audit of the thyroid and leukemia 
     studies being conducted by the United States and the 
     governments of Belarus and Ukraine. The audit and review 
     should be conducted with input and participation from the 
     Advisory Committee on Energy-Related Epidemiologic Research 
     and other non-governmental organizations.
       The Department is expected to provide to Congress plans and 
     recommendations for the development and implementation of 
     guidelines and policies governing the conduct of radiation 
     health effects studies.
       With the ongoing development of new therapies for HIV 
     infection, the definition of appropriate treatment of the 
     disease is continually changing. There is concern that many 
     health care practitioners and patients may not have ready 
     access to updated information on treatment of HIV disease. 
     The Secretary is requested to submit to the Appropriations 
     Committees a detailed plan, no later than six months 
     following passage of this bill, which addresses, (1) the role 
     of various Departmental entities in training health care 
     providers and patients in the treatment of HIV disease, and 
     (2) methods by which the Department's HIV treatment 
     guidelines will be integrated into health care services 
     provided through HRSA and HCFA. It is expected that the 
     Department's Office of HIV/AIDS Policy will play a central 
     role in coordinating efforts in this area across Departmental 
     agencies.
       There is concern with findings in the HIV Costs, Services 
     and Utilization Study that indicate many individuals with HIV 
     infection are not receiving treatment for the disease 
     consistent with guidelines issued by the

[[Page H11399]]

     Department. It is understood that a comprehensive system of 
     primary care and support services is needed in order to 
     provide individuals with HIV disease appropriate care and 
     treatment. The Secretary is requested to prepare a report, no 
     later than one year after the passage of this bill, on the 
     accessibility and utilization of recommended HIV-related 
     treatments and prophylactic therapies by people with HIV 
     disease who are served by HRSA and HCFA programs. The report 
     should suggest any program and structural improvements needed 
     in order to improve these rates. The report should also 
     suggest approaches which can encourage Departmental grantees 
     to provide the standard of HIV care outlined in the 
     Department's HIV treatment guidelines.
       The Secretary is encouraged to develop mechanisms for 
     timely dissemination of written information related to 
     emerging standards of care for HIV treatment and clinical 
     guidelines for providers and grantee recipients of Federal 
     funds. These mechanisms should be developed in a timely and 
     expedient manner while maintaining standards of appropriate 
     Departmental review and publication.
       Over the past decade there have been numerous studies on 
     the possible link between the environment and breast cancer 
     rates. The Secretary of Health and Human Services is 
     encouraged to consult with the National Academy of Sciences 
     to assess the current scientific knowledge on the potential 
     environmental causes of breast cancer, and to identify 
     research needs, establish research priorities, and make 
     recommendations about the implementation of the research plan 
     identified. The consultation should include scientists, 
     outside agencies, and community advocates.
       It is recommended that the Aberdeen Area office of the 
     Indian Health Service continue to work with the Bennett 
     County hospital in South Dakota to engage in a comprehensive 
     review of bills for health services provided to Indian 
     people, especially for the period between 1994 and 1998, to 
     ensure that the hospital receives appropriate reimbursement 
     from IHS.
       It is expected that the Office of Inspector General will 
     review the indirect provider exclusion rule and report to the 
     House and Senate Appropriations Committees no later than 
     March 31, 1999 its rationale for excluding indirect 
     providers.
       The conference agreement includes $5,000,000 in the Policy 
     Research account in the Office of the Secretary to continue 
     research on the outcomes of welfare reform. It is recommended 
     that this research involve state-specific surveys and data 
     sets, survey data on the impacts of state waiver programs, 
     and administrative data such as Food Stamp, Social Security 
     and Internal Revenue Service records. The research should 
     measure outcomes in both low and high economic growth areas 
     of the country. The Department is urged to continue to 
     involve the National Academy of Sciences to provide guidance 
     on research design and to recommend further research. An 
     interim report is to be submitted to the Appropriations 
     Committees within six months.

            Public Health and Social Services Emergency Fund

       The conference agreement includes an emergency allocation 
     of $216,922,000 within the Public Health and Social Services 
     Emergency Fund, to be made available only to the extent that 
     an official budget request for $216,922,000, that includes 
     designation of the entire amount of the request as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985. The Senate bill 
     identified $300,000,000 for these activities as emergency 
     funding and the House bill identified $51,000,000 in the 
     Centers for Disease Control only for the pharmaceutical 
     stockpile activity. The fund addresses the Administration 
     request for bioterrorism and related activities as well as 
     for bolstering public health infrastructure, conducting 
     studies regarding health and national security, and combating 
     certain infectious diseases. The conference agreement also 
     includes a provision that would require the Department of 
     Health and Human Services to submit, prior to the obligation 
     of funds, an operating plan to the House and Senate 
     Committees on Appropriations.
       The amount provided includes $154,750,000 for the Centers 
     for Disease Control and Prevention for the following 
     activities: $1,000,000 for the development of an overall 
     preparedness plan; $1,000,000 to enhance technical 
     capabilities to identify certain biological agents; 
     $1,750,000 for conducting independent studies of health and 
     bioterrorism threats specified in the Senate report; 
     $2,000,000 to assist States in developing emergency 
     preparedness and response plans; $2,000,000 to expand the CDC 
     Epidemic Intelligence Service; $2,000,000 for regional 
     laboratories for measuring chemical exposures; $5,000,000 to 
     better identify potential biological and chemical terrorism 
     agents; $5,000,000 to develop new sources and methods for 
     surveillance; $5,000,000 to develop rapid toxic screening; 
     $5,000,000 for the environmental health laboratory; 
     $7,000,000 to strengthen State and local epidemiological and 
     surveillance capacity; $11,000,000 for regional laboratories 
     for detecting and measuring biological and chemical agents; 
     $28,000,000 to establish a national health alert network; 
     $20,000,000 for polio eradication activities; and $8,000,000 
     for measles eradication activities. The amount also includes 
     bill language designating $51,000,000 to remain available 
     until expended for the CDC to establish a pharmaceutical and 
     vaccine stockpile for civilian populations. The House bill 
     provided for this activity at CDC as non-emergency funding. 
     The Senate bill provided for this activity at the Office of 
     Emergency Preparedness.
       The amount provided also includes $12,172,000 for the 
     Office of the Secretary for the following activities: 
     $2,500,000 for the Office of Emergency Preparedness for a 
     national disaster medical system; $1,500,000 for developing 
     national response capabilities; $3,000,000 for metropolitan 
     medical response systems; $1,850,000 for a nuclear weapons 
     radiation study described in the Senate report; and 
     $3,000,000 in bill language for the renovation and 
     modernization of Fort McClellan's Noble Army Hospital in 
     Alabama for bioterrorism training activities. The conference 
     agreement also includes $322,000 in bill language to be 
     provided to Calhoun County, Michigan for reimbursement of 
     certain expenses related to food-borne illnesses.
       The conference agreement assumes that within the overall 
     increase provided for NIH, $10,000,000 will be allocated for 
     vaccine research and development activities in support of the 
     bioterrorism initiative.
       Public Health data indicates that African Americans and 
     other minorities are disproportionately and more severely 
     impacted by HIV/AIDS and experience significantly higher 
     morbidity and mortality rates than do other populations in 
     the United States. The conference agreement includes an 
     additional $50,000,000 to address the HIV/AIDS crisis facing 
     the African American community and other racial and ethnic 
     minority communities due to the changing demographics of the 
     disease. These funds are to be available to address 
     prevention and treatment needs of minority communities that 
     are heavily impacted by HIV/AIDS, and should compliment 
     existing and previously planned targeted HIV/AIDS minority 
     activities. These funds are available for the Secretary of 
     the Department of Health and Human Services to transfer to 
     other agencies to: expand and improve access to state-of-the-
     art HIV/AIDS therapies; strengthen and expand targeted HIV/
     AIDS effective prevention and intervention activities; 
     support HIV/AIDS substance abuse activities; provide critical 
     technical assistance in high risk communities; and build and 
     sustain HIV/AIDS infrastructure. In allocating these funds, 
     consideration should be given to the territories, such as in 
     the Virgin Islands, where, for example, the HIV/AIDS case 
     rate is more than twice the national case rate of 24.1 per 
     100,000.

                           GENERAL PROVISIONS

                       NIH and SAMHSA Salary Cap

       The conference agreement includes a provision (section 204) 
     limiting the use of the National Institutes of Health and the 
     Substance Abuse and Mental Health Services Administration 
     funds to pay the salary of an individual, through a grant or 
     other extramural mechanism, at a rate in excess of Level III 
     of the Executive Schedule instead of $125,000 as proposed by 
     both the House and Senate.

                            Advisory Boards

       The conference agreement makes permanent a provision 
     (section 206) contained in both the House and Senate bills 
     that prohibits the expenditure of funds for the Federal 
     Council on Aging and for the Advisory Board on Child Abuse 
     and Neglect.

                         NIH Transit Subsidies

       The conference agreement makes permanent a provision 
     (section 210) contained in both the House and Senate bills 
     that allows the use of funds by the National Institutes of 
     Health for transit subsidies for non-FTE bearing positions 
     including trainees, visiting fellows and volunteers.

           Parental Participation in Family Planning Services

       The conference agreement includes a provision (section 211) 
     contained in the House bill prohibiting the funding of family 
     planning grantees unless the grantee certifies that it 
     encourages family participation in the decision of a minor to 
     seek family planning services and that it provides counseling 
     to minors on resisting attempts to coerce them into engaging 
     in sexual activities. The Senate bill contained no similar 
     provision.

         National Institute of Dental and Craniofacial Research

       The conference agreement includes a provision (section 212) 
     contained in both the House and Senate bills that renames the 
     National Institute of Dental Research as the National 
     Institute of Dental and Craniofacial Research.

                         Organ Transplantation

       The conference agreement includes amended House bill 
     language (section 213) which: (1) prohibits the April 2, 1998 
     Organ Procurement and Transplantation Network (OPTN) final 
     rule from becoming effective for a year; (2) provides a 
     review of existing policies and the April 2, 1998 final rule 
     by the Institute of Medicine (IOM), under contract and 
     subject to review by the Comptroller General; and (3) 
     provides for data collection and analysis activities. The 
     conference agreement directs that professional staff with 
     appropriate expertise, who have not been involved in this 
     regulatory issues, should undertake this work for the IOM.

         Hospital Notification of Deaths for Organ Procurement

       The conference agreement does not include a provision 
     contained in the House bill that

[[Page H11400]]

     suspends HCFA regulations requiring, as a condition of 
     participation in Medicare, that hospitals notify local organ 
     procurement networks of all deaths occurring in the hospital. 
     The Senate bill contained no similar provision.

                        Louis Stokes Laboratory

       The conference agreement includes a provision contained in 
     the House bill to name the Consolidated Laboratory Building 
     (Building 50) at NIH the Louis Stokes Laboratories. The 
     Senate bill contained no similar provision.

                      Medicaid Funding for Viagra

       The conference agreement does not include sections 218 and 
     219 of the House bill. The Senate bill contained no similar 
     provisions. There are concerns about clinical and financial 
     abuse of these drugs that could endanger the health of 
     patients and undermine the public support for the Medicaid 
     program that often cannot adequately provide basic health 
     care for all needy individuals. Therefore, HCFA is encouraged 
     to establish a rigorous system to review utilization of these 
     drugs by working with States, clinicians, consumer advocates, 
     and others to assure consistent collection of data necessary 
     to make the exclusion determination under section 1927(d)(3) 
     if the drug is subject to clinical abuse or inappropriate 
     use.

   Title X Compliance With State Laws and Requirements for Parental 
                                Consent

       The conference agreement does not include a provision 
     contained in the House bill that requires title X clinics to 
     comply with State laws relating to notification or reporting 
     of child abuse, child molestation, sexual abuse, rape or 
     incest and also requires clinics to notify a parent or 
     guardian prior to the provision of contraceptive drugs or 
     devices to minors. The Senate bill contained no similar 
     provision.

                            Medicare+Choice

       The conference agreement includes a provision contained in 
     both House and Senate bills that assures Medicare+Choice 
     plans are not required to provide abortion services but that 
     such services must be available to beneficiaries outside the 
     plan.

            Dale and Betty Bumpers Vaccine Research Facility

       The conference agreement includes a provision contained in 
     the Senate bill to name the Vaccine Research Facility 
     (Building 40) at NIH the Dale and Betty Bumpers Vaccine 
     Research Facility. The House bill contained no similar 
     provision.

                        Prostate Cancer Research

       The conference agreement deletes without prejudice a 
     provision contained in the Senate bill that earmarks 
     $175,000,000 for prostate cancer research at NIH. The House 
     bill contained no similar provision.

         Substance Abuse and Mental Health Block Grant Formula

       The conference agreement includes a provision not contained 
     in either the House or Senate bills that allows funds 
     allocated to the States for the substance abuse block grant 
     and the mental health block grant to be allocated according 
     to current law which would incorporate the Secretary's 
     decision to change the wage proxy to the use of non-
     manufacturing wages.

                   Title X Compliance With State Laws

       The conference agreement includes a provision contained in 
     the House bill that requires Title X clinics to comply with 
     State laws relating to notification or reporting of child 
     abuse, child molestation, sexual abuse, rape or incest. The 
     Senate bill contained no similar provision.

                   TITLE III--DEPARTMENT OF EDUCATION

                            Education Reform

       The conference agreement includes $1,314,100,000 for 
     Education Reform, instead of the $861,500,000 proposed by the 
     House and $1,244,500,000 as proposed by the Senate.
     Goals 2000
       The conference agreement provides $491,000,000 instead of 
     $496,000,000 provided by the Senate and $245,500,000 provided 
     by the House. This amount includes $461,000,000 for state 
     grants instead of $466,000,000 as proposed by the Senate and 
     $220,500,000 as proposed by the House. For parental 
     assistance, the conference agreement includes $30,000,000, 
     the same level as in the Senate bill instead of $25,000,000 
     in the House.
     Education Technology
       For education technology, the conference agreement provides 
     $698,100,000 instead of the $623,500,000 proposed by the 
     Senate and the $541,000,000 provided by the House.
       Technology Literacy Challenge Fund
       For the Technology Literacy Challenge Fund, the conference 
     agreement includes $425,000,000, as proposed by both the 
     House and Senate.
       Technology Innovation Challenge Grants
       For the Technology Innovation Challenge Grants, the 
     conference agreement provides $115,100,000 instead of 
     $106,000,000 as proposed by the House and the $126,000,000 
     proposed by the Senate. Within the amount provided for 
     Technology Innovation Challenge Grants, the conference 
     report specifies funding for the following activities:
       $500,000 for a state-of-the-art demonstration of 
     information technology systems to be carried out by Mansfield 
     University, Mansfield, Pennsylvania;
       $2,500,000 to allow Rutgers, The State University of New 
     Jersey to carry out the RUNet 2000 project that will 
     establish a comprehensive, integrated voice-video-data 
     communications network;
       $1,000,000 for the Krell Institute in Ames, Iowa to help 
     meet the need for a technology-capable workforce through 
     professional development for technology training and summer 
     programs for teachers;
       $850,000 for the State of Alaska Department of Education to 
     develop an Internet- based curriculum and to provide 
     professional development to elementary and secondary school 
     teachers;
       $2,000,000 for Hawaii Department of Education's ``Magnet E-
     School'' technology training and curriculum initiative;
       $250,000 for the ``Passport to Chicago Community Network'' 
     technology training project in Chicago, Illinois;
       $600,000 for the technology in the classroom pilot program 
     for the Green Bay Public School System in Green Bay, 
     Wisconsin to assist four middle schools in enhancing 
     technology access and teacher training;
       $1,200,000 for LEARN North Carolina and the University of 
     North Carolina at Chapel Hill; and $1,500,000 for the Iowa 
     Department of Education for grants to Community Colleges to 
     provide technical assistance to low-income school districts 
     for technology.
       Within the amount provided for Technology Innovation 
     Challenge Grants, the conference agreement also sets aside 
     $22,000,000 for a broad based competition on promoting the 
     use of advanced technology to improve education for all 
     students and teachers. In administering this initiative, the 
     conference agreement provides that full and fair 
     consideration, consistent with current practices and policies 
     will be given to applications submitted by the institutions 
     identified in the House Report (105-635) and the Senate 
     Report (105-300) and applications submitted by institutions 
     identified under this heading in this statement of managers.
       The conference agreement encourages the Department to 
     provide $2,500,000 for a demonstration project on information 
     technology that integrates computer and media technologies 
     with traditional scholastic disciplines for grades K-16. The 
     University of Colorado would be especially suited for such a 
     program and should be given full and fair consideration for 
     an award.
       The conference agreement encourages the Department to 
     provide $200,000 for an innovative project to assist parents 
     in technology-based instruction. The Alhambra School District 
     in California would be especially suited for such a program 
     and should be given full and fair consideration for an award.
       The conference agreement contemplates an innovative effort 
     to establish a multi-state demonstration program to guide the 
     development of statewide technology-rich education and 
     learning systems in the United States. The State of 
     Washington, in consortium with Arkansas, Illinois, California 
     and Pennsylvania, would be especially suited for this program 
     and should be given full and fair consideration for funding.
       The conference agreement encourages the Department to 
     provide $360,000 for an innovative project designed to engage 
     students in language arts projects using technology as an 
     instruction tool. The Alhambra School District in California 
     would be especially suited for such a program and should be 
     given full and fair consideration for an award.
       The conference agreement contemplates a collaborative 
     teacher development initiative in Minnesota that would 
     include KTCA, a community-based public television station; 
     the Green Institute for Teaching and Learning; and the 
     Minnesota Department of Children, Families and Learning. The 
     conference agreement encourages the Department to provide 
     $1,400,000 to this initiative which would demonstrate the 
     potential integrated use of digital television, online 
     computer services and community resources to teachers as both 
     training and educational tools.
       The conference agreement urges the Secretary, when awarding 
     educational technology grants, to give consideration to 
     school districts around the country that exemplify: (1) high 
     concentrations of at-risk youth; (2) empowerment zones and 
     enhanced enterprise communities; and (3) significant 
     investment to establish infrastructure with aggressive plans 
     to utilize educational technology. The Houston Independent 
     School District in Houston, Texas is an example of such a 
     school that has made a substantial effort in this area.
       Regional technology in education consortia
       For Regional technology in education consortia, the 
     conference agreement includes $10,000,000, as proposed by 
     both the House and Senate.
       National Activities
       The conference agreement includes $87,000,000 for three new 
     national education technology initiatives: $75,000,000 for 
     teacher training in technology, $10,000,000 to establish 
     computer learning centers in low-income communities, and 
     $2,000,000 for national technology leadership activities. The 
     House bill and the Senate bill contained no similar 
     provisions.
     Star Schools
       For Star Schools, the conference agreement provides 
     $45,000,000, instead of the $46,500,000 in the Senate bill. 
     The House bill provided no funding for this program.
       Within the conference agreement, $800,000 shall be provided 
     to the School of Agriculture and Land Resources Management of

[[Page H11401]]

     the University of Alaska, Fairbanks. These funds are to be 
     used to implement a demonstration project to enhance the 
     distance delivery of natural resources management courses, 
     including soils and forestry, to students in rural areas.
       Within the conference agreement, $8,000,000 shall be 
     provided to continue and expand the Iowa Communications 
     Network statewide fiber optic demonstration project and 
     $350,000 for multimedia classrooms for the rural education 
     technology center at Western Montana College in Dillon, 
     Montana.
       Within the amount provided for Star Schools, the conference 
     agreement also sets aside $9,850,000 for a broad based 
     competition on utilizing distance education to improve 
     instruction. In administering this initiative, the conference 
     agreement provides that full and fair consideration, 
     consistent with current practices and policies will be given 
     to applications submitted by the institutions identified in 
     House Report 105-635 and Senate Report 105-300 and 
     applications submitted by the institutions identified under 
     this heading in this statement of managers.
       The conference agreement encourages the Department to 
     provide $120,000 for a program to bring interactive video 
     network and high-speed data communications to rural schools. 
     The schools in Floyd and Craig Counties in southwestern 
     Virginia would be especially suited for such a program and 
     should be given full and fair consideration for an award.
       Ready To Learn Television
       The conference agreement provides $11,000,000 as proposed 
     by the Senate. No funds were proposed by the House.
       Telecommunications demonstration project for mathematics
       The conference agreement provides $5,000,000 for 
     telecommunications demonstration project for mathematics as 
     proposed by the Senate. No funds were proposed by the House.

                    Education for the Disadvantaged

       The conference agreement includes $8,370,520,000 for 
     Education for the Disadvantaged instead of the $8,334,781,000 
     proposed by the Senate and $8,056,132,000 proposed by the 
     House.
       For Grants to Local Education Agencies (LEAs) the agreement 
     provides $7,796,020,000 the same level as provided in the 
     Senate bill. The House bill included $7,495,232,000. Of the 
     funds made available for basic and concentration grants, 
     $6,148,386,000 becomes available on October 1, 1999 for the 
     academic year 1999-00.
       The agreement includes $6,574,000,000 for basic state 
     grants and $1,102,020,000 for concentration grants. The 
     conference agreement provides no funding for the targeted 
     grants program. The House bill provided $300,000,000 for this 
     purpose. The Senate bill contained no similar provision.
       The conference agreement includes $120,000,000 under Title 
     I (and $25,000,000 under the Office of Educational Research 
     and Improvement) for continuation grants to local educational 
     agencies for the Comprehensive School Reform Demonstration 
     Program. The conference agreement recognizes that small 
     schools may have greater opportunities to implement 
     comprehensive school reform efforts through working in 
     collaboration with other small schools. In order to ensure 
     the maximum opportunity for the participation of small 
     schools in the Comprehensive School Reform Demonstration 
     Program, the conference agreement clarifies that the minimum 
     award amount applies to individual schools, or to school 
     consortia serving a maximum of 500 students.

                               Impact Aid

       The conference agreement provides $864,000,000 for the 
     Impact Aid programs instead of $848,000,000 as proposed by 
     the House and $810,000,000 as proposed by the Senate.
       The conference agreement also includes a legislative 
     provision relating to payments for heavily impacted school 
     districts (section 8003(f)) which changes the method by which 
     payments made under this section are allocated to provide 
     supplemental payments for federally connected students only. 
     It is understood that this provision will result in greater 
     budget stability for school districts that are heavily 
     impacted by the presence of federally connected children. It 
     is further understood that the change has been agreed upon by 
     all school districts that would be affected. No subsequent 
     adjustments will be made for school districts that experience 
     funding shortfalls or losses as a result of this provision. 
     The Department of Education shall report to the 
     Appropriations Committees of both the House and Senate no 
     later than March 1, 1999 on the implementation of this 
     provision.
       The conference agreement also includes the following 
     language provisions: eligibility for the Webster School 
     District, Day County, South Dakota; payment calculations for 
     Stanley County, South Dakota; timely filing of applications 
     by the Delaware Valley, Pennsylvania, local educational 
     agency, and Prince Georges County, Maryland; payments for San 
     Diego, California, Centennial, Pennsylvania, and Hatboro-
     Horsham, Pennsylvania LEAs and Randolph Field Independent 
     School District, Texas; and computing payments for Travis 
     Unified School District in California. Neither the House nor 
     Senate bills contained similar provisions.

                      School Improvement Programs

       The conference agreement provides $2,811,134,000 for School 
     Improvement Programs, instead of $1,542,334,000 as proposed 
     by the House and $1,655,188,000 as proposed by the Senate. 
     For the Eisenhower professional development activities, the 
     agreement provides $335,000,000 the same level as in the 
     Senate bill. The House provided $285,000,000.
       For innovative education program strategies, title VI of 
     the Elementary and Secondary Education Act of 1965, the 
     agreement provides $375,000,000. The House provided 
     $400,000,000 and the Senate bill included $350,000,000.
       The conference agreement includes an additional 
     $1,200,000,000 under the title VI for an initiative to reduce 
     class size. Funding for this activity was included in neither 
     the House nor Senate bills.
       The conference agreement recognizes impressive research 
     studies showing improvements in academic achievement and 
     reduction in discipline problem among students attending 
     smaller classes with well-prepared teachers in the early 
     grades. Class-size reduction can be particularly beneficial 
     in those early grades because students in those grades are 
     learning to read and to master the basics in math and other 
     subjects. Accordingly, the conference agreement includes 
     $1,200,000,000 for state formula grants under title VI of the 
     Elementary and Secondary Education Act of 1965 to assist 
     states to reduce class size in their classrooms, particularly 
     in grades 1-3.
       The bill provides that the allocation of funds under 
     section 307 to the states shall be based on the proportional 
     share that each state received from the fiscal year 1998 
     appropriation under the Title 1 program or the Eisenhower 
     Program, whichever is greater. States would allocate their 
     grant funds among local educational agencies based on a 
     formula that reflects both their relative numbers of children 
     in low-income families and their school enrollments. Local 
     educational agencies would use these funds to recruit, hire, 
     and train new teachers, as well as to provide professional 
     development to existing teachers. A local educational agency 
     that has already reduced class size in its regular classrooms 
     in the early grades could use its funds to make further 
     reductions in grades 1-3, reduce class size in kindergarten 
     or other grades, or carry out activities to improve teacher 
     quality, including professional development. In order to 
     provide for effective accountability to parents and the 
     public, the conference agreement provides that individual 
     schools or the local educational agency will provide an 
     annual report card, in easily understandable language, on 
     class size and student achievement.
       The conference agreement also includes $566,000,000 for the 
     Safe and Drug Free Schools and Communities Act. Both the 
     House and Senate bills provided $556,000,000.
       Included within this amount is $441,000,000 for state 
     grants, instead of $531,000,000 as proposed by the House and 
     $381,000,000 as proposed by the Senate. The conference 
     agreement also includes $125,000,000 for a new school 
     violence prevention initiative under the Safe and Drug Free 
     Schools program, instead of $25,000,000 proposed for national 
     discretionary activities by the House and $175,000,000 
     proposed by the Senate for national school violence and 
     national discretionary activities.
       There is great concern about the frequent occurrence of 
     violence in our nation's schools. The conference agreement 
     provides that the Secretary shall use $90,000,000 under 
     national programs to support activities that promote safe 
     learning environments for students. Such activities should 
     include targeted assistance, through competitive grants, to 
     local educational agencies for developing community-wide 
     approaches to creating safe and drug-free schools; providing 
     alternative education settings for students expelled 
     for disciplinary reasons; improving the assessment of 
     student behavior as a part of the disciplinary process; 
     enhancing the capacity of schools to provide mental health 
     services to troubled youth; providing training for 
     teachers, counselors, school security officers, and other 
     school personnel to identify early warning signs of 
     violent behavior; and responding to disruptive and violent 
     behavior by students.
       Further, the conference agreement includes $35,000,000 
     under national programs for a new Safe and Drug Free Schools 
     coordinator initiative. Funds would be used for competitive 
     grants to local educational agencies to fund the recruitment, 
     training and employment of drug and school safety program 
     coordinators at those middle schools with the worst drug, 
     discipline and violence problems. In addition to these new 
     school violence prevention initiatives under the Safe and 
     Drug Free Schools Program, the conference agreement also 
     includes $40,000,000 to improve children's mental health 
     services under the Substance Abuse and Mental Health 
     Administration (SAMHSA) in the Department of Health and Human 
     Services (HHS), for a total of $165,000,000 for new efforts 
     aimed at drug and violence prevention in schools. The 
     conferees encourage the Department to coordinate its school 
     violence initiatives with those at SAMHSA in HHS.
       The conference agreement includes $20,000,000 for the 
     Education of Native Hawaiians instead of no funding included 
     in the House bill or the $22,000,000 in the Senate bill. The 
     conference agreement assumes that when allocating these 
     funds, the Secretary of Education fund the following 
     activities as described in more detail in the Report of the 
     Senate Committee (Senate Report No. 105-300):

Curricula development, teacher training, and recruitment prog$5,000,000

[[Page H11402]]

Community Based Learning Centers..............................1,000,000
Hawaiian Higher Education Programs............................2,500,000
Gifted and Talented programs..................................2,000,000
Special Education.............................................2,000,000
Native Hawaiian Education Councils..............................300,000
Family-Based Education Centers................................5,200,000
Preschool Education of Native Hawaiian Children...............2,000,000

       The conference agreement includes $100,000,000 for Charter 
     Schools, the same as proposed by the House. The Senate 
     proposed $80,000,000.
       For Arts in Education, the conference agreement provides 
     $10,500,000, the same amount provided by the Senate bill and 
     the House bill. The amount recommended will support two 
     awards: $5,746,000 for a grant to Very Special Arts and 
     $4,754,000 for a grant to the John F. Kennedy Center for the 
     Performing Arts.

                           Reading Excellence

       The conference agreement includes $260,000,000 for 
     activities authorized under the Reading Excellence Act. 
     Neither the House nor the Senate provided funding for this 
     activity. The agreement also includes, as a separate title, 
     the text of the Reading Excellence Act, which also was 
     included in neither the House nor Senate reported bills. This 
     title amends Title II of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 6601 et seq.) to create a 
     two-year competitive grant program to States to assist 
     children having difficulty with reading.

                   Bilingual and Immigrant Education

       The conference agreement includes $380,000,000 for 
     Bilingual and Immigrant Education programs. Both the House 
     and Senate bills included $354,000,000. For Instructional 
     Services, the agreement includes $160,000,000, the same level 
     as the House and Senate bills. For Support Services, the 
     agreement provides $14,000,000, the same level as in the 
     House and Senate bills. For Professional Development, the 
     agreement provides $50,000,000, $25,000,000 above the level 
     provided in both the House and Senate bills. For immigrant 
     education, the agreement provides $150,000,000, the same 
     level as in the House and Senate bills. The agreement also 
     provides $6,000,000 for foreign language assistance. Both the 
     House and Senate bills provide $5,000,000.
       The Waterloo Community School District in Iowa is faced 
     with an unanticipated influx of immigrants into the 
     community, primarily from Bosnia. The Waterloo community 
     schools are committed to transformations that will 
     effectively address the challenge of educating a new and 
     different growing student population. The Department of 
     Education is encouraged to give full consideration to a 
     proposal from the Waterloo school district.

                           Special Education

       The conference agreement includes $5,124,146,000 for 
     Special Education, instead of the $5,104,146,000 proposed by 
     the House and $5,112,946,000 as proposed by the Senate. 
     Included in these funds is $4,100,700,000 for Grants to the 
     States, the same as the House level. The Senate provided 
     $4,090,000,000. Including funding from prior years, the total 
     available for state grants is $4,310,700,000, an increase of 
     $509,700,000 over fiscal year 1998.
       The conference agreement includes $1,500,000 to be used in 
     connection with the Special Olympics World Summer Games in 
     1999 to support a symposium and local community based 
     activities in support of the games and $1,500,000 for the 
     preparation and planning for the Special Olympics World 
     Winter Games in 2001. The conference agreement also includes 
     $600,000 for the second year of the Easter Seal Society's 
     Early Childhood Development Project for the Mississippi River 
     Delta Region.
       Included in the conference agreement is $33,023,000 for 
     technology and media services, as proposed by the House, 
     instead of the $32,523,000 as proposed by the Senate bill. 
     The conference agreement includes $6,500,000 for Recordings 
     for the Blind and Dyslexic as described in the House and 
     Senate Reports. The FY 1999 budget justification materials 
     submitted by the Department of Education indicated that a 
     continuation award of $6,000,000 would be made in 1999 to the 
     Recordings for the Blind & Dyslexic under the President's 
     proposed budget. The conference agreement increases the 
     amount of this continuation award for RFB&D to $6,500,000 in 
     order for it to serve more blind and print disabled students 
     and to continue development and use of user-friendly digital-
     audio technology on behalf of these students. The conference 
     agreement contemplates that these funds be distributed to 
     RFB&D as early in the fiscal year as possible.

            REHABILITATION SERVICES AND DISABILITY RESEARCH

       The conference agreement includes $2,652,584,000 for 
     Rehabilitation Services and Disability Research, instead of 
     $2,646,640,000 as proposed by the House and $2,645,266,000 
     proposed by the Senate.
       For Vocational Rehabilitation State Grants, the agreement 
     provides $2,304,411,000, the same as the House level. The 
     Senate provided $2,298,467,000.
       The conference agreement also includes $39,629,000 for 
     training personnel to provide rehabilitation services to 
     persons with disabilities. This level is the same as in the 
     Senate bill while the House provided $33,685,000.
       The conference agreement also provides $10,894,000 for 
     Protection and Advocacy of Individual Rights, the same level 
     as in the House bill. The Senate provided $9,894,000.
       The conference agreement provides $8,550,000 for the Helen 
     Keller National Center for Deaf-Blind Youth and Adults, the 
     same level as in the House bill. The Senate provided 
     $8,176,000.
       Within the amount provided for the National Institute on 
     Disability and Rehabilitation Research, the conference 
     agreement contemplates that the Department will give full and 
     fair consideration, consistent with current practices and 
     policies, to applications submitted by the institutions 
     identified in the House Report (105-635), and the Senate 
     Report (105-300) and applications submitted by the 
     institutions identified in this statement of managers. In 
     addition, the conference agreement contemplates similar 
     consideration for applications from the George Mason 
     University's Krasnow Institute for Advanced Studies for a 
     $750,000 grant to support cutting-edge research to treat 
     problems in neurological wiring that slow an affected 
     individual's ability to process sounds and information.
       The conference agreement encourages the Department of 
     Education to demonstrate a technology-based approach to 
     preparing researchers to work with the visually impaired, 
     cognitively impaired, speech impaired and severely disabled. 
     The conference agreement contemplates that the Dominican 
     College of Blauvelt would be well suited to administer such a 
     project because of its outstanding accomplishment and 
     expertise in the field of special education.
       The conference agreement strongly encourages the Department 
     of Education to consider an application from the California 
     State University, Northridge to construct and equip an 
     adaptive aquatic facility for disabled adults.
       The conference agreement strongly encourages the Department 
     of Education to consider an application from the Skating 
     Association for the Blind and Handicapped, Inc. to expand 
     their program to assist people with disabilities succeed at 
     the sport of ice skating.

           Special Institutions for Persons With Disabilities

               National Technical Institute for The Deaf

       The conference agreement provides $45,500,000 for the 
     National Technical Institute for the Deaf as proposed by the 
     Senate instead of $44,791,000 as proposed by the House.

                     Vocational and Adult Education

       The conference agreement includes $1,539,247,000 for 
     Vocational and Adult Education instead of the $1,532,247,000 
     as proposed by the House and $1,502,478,000 as proposed by 
     the Senate. $1,030,650,000 is included in the agreement for 
     Vocational Education basic state grants, the same level as 
     proposed by the House. The Senate proposed $1,027,550,000.
       For Adult Education the agreement provides $385,000,000, 
     instead of the $378,000,000 provided in the House bill and 
     $355,828,000 in the Senate bill. The conference agreement 
     also provides $20,000,000 for Adult Education National 
     Programs instead of the $13,000,000 provided in the House 
     bill and $10,489,000 provided in the Senate bill.

                      Student Financial Assistance

       The conference agreement provides $9,348,000,000 for 
     Student Financial Assistance instead of $9,672,654,000 as 
     proposed by the House and $10,172,551,000 as proposed by the 
     Senate. The conference agreement sets the maximum Pell Grant 
     at $3,125 and provides a program level of $7,704,000,000 for 
     current law Pell Grants.

             Federal Family Education Loan Program Account

       The conference agreement provides $46,482,000 for the 
     Federal Family Education Loan Program Account as proposed by 
     the Senate instead of $48,482,000 as proposed by the House.

                            Higher Education

       The conference agreement provides $1,307,846,000 for Higher 
     Education instead of $944,198,000 as proposed by the House 
     and $1,138,944,000 as proposed by the Senate. Within this 
     amount, the conference agreement sets aside $9,500,000 under 
     the Fund for the Improvement of Postsecondary Education for a 
     broad based competition to reform or improve postsecondary 
     education opportunities. The competition shall be 
     administered in a manner consistent with the requirements 
     applicable in authorizing statutes and the Department's 
     General Administrative Manual. In administering this 
     competition, the Secretary shall give full and fair 
     consideration to applications submitted by the institutions 
     identified in the House Report (105-635) and the Senate 
     Report (105-300). In addition, the Secretary shall give 
     similar consideration to applications from the following:
       A project to encourage underrepresented groups to enter 
     careers in technology and business operated by the Center for 
     the Development of Urban Entrepreneurs at Peirce College;
       A project to endow a Contracts Chair-of-Excellence program 
     to be administered in cooperation with a consortium of 
     Historically Black Colleges and Universities and Hispanic-
     Serving Institutions with environmental science and 
     engineering capabilities;

[[Page H11403]]

       A demonstration to establish a state-of-the-art science and 
     technology program that will explore the application of novel 
     electronic materials that are used in the development of high 
     temperature supercomputers; and
       Enhanced distance education and teacher training activities 
     at the Technology Enhancement Initiative at Elmira College in 
     New York.
       The conference agreement includes $3,000,000 for American 
     Indian Tribally Controlled Colleges and Universities, 
     recently authorized under Title III of the Higher Education 
     Act, and $5,000,000 for demonstration project to ensure 
     students with disabilities receive a quality education, 
     recently authorized under part D of title VII. The conference 
     agreement includes $3,000,000 for Native Alaskan and Native 
     Hawaiian-Serving Institutions, recently authorized under 
     Title III of the Higher Education Amendments of 1998.
       The conference agreement includes $120,000,000 for the 
     Gaining Early Awareness and Readiness for Undergraduate 
     Programs (GEAR UP), recently authorized under Chapter 2 of 
     subpart 2 of Part A of Title IV of the Higher Education 
     Amendments of 1998. The conference agreement includes 
     $10,000,000 for the Learning Anytime Anywhere Partnerships, 
     recently authorized under Subpart 8 of part A of Title IV of 
     the Higher Education Amendments of 1998.
       The conference agreement includes $75,000,000 for Teacher 
     Quality Enhancement Grants, recently authorized under Title 
     II of the Higher Education Amendments of 1998. The conference 
     agreement includes $5,000,000 for Child Care Access Means 
     Parents in School, recently authorized under subpart 7 of 
     Part A of Title IV of the Higher Education Act, and 
     $5,000,000 for demonstration projects to ensure students with 
     disabilities receive a quality education, recently authorized 
     under Part D of title VII. The conference agreement provides 
     $450,000 for a Web-Based Education Commission, recently 
     authorized under part J of Title VIII of the Higher Education 
     Amendments of 1998. The Commission shall conduct a thorough 
     study to assess the educational software available in retail 
     markets for secondary and post-secondary students who choose 
     to use such software.
       The conference agreement also includes $1,750,000 for the 
     Underground Railroad Educational and Cultural Program, 
     recently authorized under part H of Title VIII of the Higher 
     Education Amendments of 1998.
       The conference agreement includes $5,000,000 for the St. 
     Petersburg Junior College for a demonstration of a national 
     method for increasing access to four year degrees and 
     workforce training for students attending community colleges. 
     The conference agreement also includes $2,000,000 for a 
     demonstration project in using high-technology equipment to 
     increase educational achievement at the Technology Assisted 
     Learning Campus in New Rochelle, New York.
       The conference agreement includes $250,000 for a 
     demonstration that promotes cooperative educational 
     activities at the Center for Urban Research and Learning at 
     Loyola University of Chicago. The conference agreement also 
     includes $1,150,000 for Southeast Community College in 
     Letcher, Kentucky for the acquisition of telecommunications 
     and networking equipment.
       The conference agreement includes $3,000,000 for the Oregon 
     State University Distance Education Alliance. The conference 
     agreement also includes $1,000,000 for the Appalachian Center 
     for Economic Networks in Athens, Ohio to implement a 
     technology training program.
       The conference agreement includes $6,000,000 for the Robert 
     J. Dole Institute for Public Service and Public Policy on the 
     University of Kansas campus in Lawrence, Kansas. The 
     conference agreement includes $1,000,000 for the Oregon 
     Institute of Public Service and Constitutional Studies at the 
     Mark O. Hatfield School of Government at Portland State 
     University. The conference agreement includes $2,150,000 for 
     technology-enhanced learning at the College of Natural 
     Resources, University of Wisconsin at Stevens Point.
       The conference agreement includes $1,500,000 for Touro Law 
     Center in Central Islip, New York for the use of technology 
     to bridge the gap between legal education and the actual 
     practice of law. The conference agreement includes $1,000,000 
     for the International Center for Educational Technology and 
     Distance Learning at Empire State College for design, 
     development, production and dissemination of instructional 
     materials to faculty and students worldwide.
       The conference agreement includes $500,000 for a national 
     model of adaptive technologies at the National Institute of 
     Technology for Inclusive Education at the University of 
     Northern Iowa. The conference agreement also includes 
     $500,000 for a demonstration project to expand the successful 
     college student preparation and retention programs for 
     academically at-risk students at Prairie View A&M University.
       The conference agreement also includes $750,000 for a 
     demonstration project to identify and provide models of 
     alcohol and drug abuse prevention and education programs in 
     higher education at the college level. The conference 
     agreement also includes $1,000,000 for the Paul Simon Public 
     Policy Institute. The conference agreement includes $500,000 
     for a teacher training program in experiential learning to be 
     administered by the Department of Language Teacher Education, 
     School for International Training, Brattleboro, Vermont.
       The conference agreement also includes $4,800,000,000 under 
     Title III, for Salem State College in Salem, Massachusetts to 
     integrate computer technology into an institutional facility 
     to create a smart building.
       The Secretary is encouraged to include funding for a 
     demonstration project to fund expansion of a Computer Science 
     and Information Processing Center for undergraduate and 
     graduate degree programs. Montana State University in 
     Billings, Montana would be especially suited for such a 
     project.
       The conference agreement includes $4,637,000 for Urban 
     Community Service. This funding will complete the grant cycle 
     for noncompeting project continuations. No further funding 
     will be provided for the Urban Community Service program.

                           Howard University

       The conference agreement provides $214,489,000 for Howard 
     University as proposed by the House instead of $210,000,000 
     as proposed by the Senate. The agreement includes a provision 
     proposed by the Senate that designates for the endowment and 
     makes available until expended not less than $3,530,000. The 
     House bill permitted Howard University to allocate funds for 
     the endowment as authorized by law.

  Historically Black College and University Capital Financing Program 
                                Account

       The conference agreement provides $96,000 for the 
     Historically Black College and University Capital Financing 
     Program Account as proposed by the Senate instead of $196,000 
     as proposed by the House.

             Education Research, Statistics and Improvement

       The conference agreement includes $669,867,000 for 
     Education Research, Statistics and Improvement, instead of 
     the $447,667,000 as proposed by the House and $479,338,000 as 
     proposed in the Senate.
     Research
       The conference agreement provides $82,567,000 for research, 
     instead of $72,567,000 as proposed by both the House and 
     Senate. Within this amount, the conference agreement includes 
     $10,000,000 for the research institutes to support well-
     designed, rigorous field studies of the student achievement 
     effects of various comprehensive school reform models, and 
     design competition(s) for the development of new models for 
     comprehensive school reform, particularly at the middle and 
     high school levels.
       The conference agreement recommends that the Department of 
     Education use the First in the World Consortium as a model to 
     conduct further research on the Consortium's TIMSS data in 
     grades 4, 8 and 12.
     Statistics
       The conference agreement provides $68,000,000 as proposed 
     by the House, instead of $59,000,000 proposed by the Senate.
     Regional Education Laboratories
       The conference agreement includes $61,000,000 for the 
     regional education laboratories, instead of $56,000,000 as 
     proposed in both the House and Senate bills. The conference 
     agreement provides that $5,000,000 of this amount shall be 
     used to strengthen and expand the capacity of the 
     laboratories to provide technical assistance to states, 
     school districts and schools on implementing comprehensive 
     school reform. Such assistance shall include a focus on 
     helping school districts develop strategies to remove 
     institutional barriers to school-wide reform, reallocate and 
     coordinate resources to support comprehensive school reform, 
     and share ``lessons learned'' among districts. Further, the 
     conference agreement provides that the regional laboratory 
     governing boards set the research and development priorities 
     to guide the work funded and the funds be obligated and 
     distributed in accordance with the fiscal year 1998 
     allocations by December 1, 1998.
     Fund for the Improvement of Education
       For the fund for the improvement of education (FIE), the 
     conference agreement provides $147,000,000 instead of the 
     $90,000,000 as proposed by the House and $115,000,000 as 
     proposed by the Senate.
       Within the funds provided, the conference agreement 
     includes $15,000,000 to improve the national dissemination of 
     information on comprehensive school reform, including the 
     establishment of a national clearinghouse, and to ensure that 
     all schools, particularly rural schools, can effectively 
     implement the comprehensive school reform approach of their 
     choice. Of this amount, not less than $12,000,000 shall be 
     used to expand the supply of high quality technical 
     assistance providers through a variety of mechanisms that may 
     include forming partnerships with states, regional service 
     centers, regional education laboratories and consortia of 
     local educational agencies; providing matching funds to 
     technical assistance providers to enable them to serve more 
     schools; and using technology or distance learning approaches 
     to reach rural schools. The conference agreement also 
     provides $25,000,000 for continuation grants for schools in 
     their second year of implementing comprehensive school 
     reform.
       The conference agreement includes $2,000,000 for a 
     demonstration of full-service community school sites in 
     Charles County, Maryland, Westchester County, New York, 
     Cranston, Rhode Island, and Skagit County, Washington.
       The conference agreement also includes $2,000,000 for the 
     First Book program that makes new books available to local 
     literacy programs and $1,750,000 for the Whitaker Center for 
     Science and the Arts in Harrisburg, Pennsylvania to be used 
     for the teaching of science through the arts.
       The agreement also includes $350,000 to be awarded to the 
     University of Montana and

[[Page H11404]]

     the Montana Board of Crime Control for community-based 
     initiatives to promote non-violent behavior in schools. Also 
     included is $1,000,000 for NetDay, to assist in connecting K-
     12 classrooms to the internet and $1,000,000 for the National 
     Museum of Women in the Arts.
       The agreement also includes $1,000,000 for Youth Friends of 
     Kansas City to improve attendance and academic performance, 
     $750,000 for the Thornberry Center for Youth and Families in 
     Kansas City, MO to assist at-risk children and $400,000 for 
     the Bay Shore, New York Literacy Education and Assessment 
     Partnerships.
       The agreement also includes $1,150,000 to provide 
     technology assistance for the operation of a math/science 
     learning center in Perry County, Kentucky and $1,000,000 for 
     the Hechkscher Museum of Art, Long Island, New York for 
     incorporating arts into education.
       The agreement also includes $1,200,000 for a demonstration 
     project to improve learning among students at all levels of 
     education at the Southeastern Pennsylvania Consortium of 
     Higher Education.
       The agreement also includes $1,000,000 for the Dowling 
     College Global Learning Center at the former LaSalle Academy 
     for a master teacher training and education center to improve 
     teacher capabilities in applying technology.
       The agreement also includes $100,000 for state-of-the-art 
     library materials and equipment that focus on innovative 
     approaches to learning at the Presidio School District in 
     Texas.
       Within FIE, the agreement specifically endorses the 
     language contained in the House report (105-635) relating to 
     the Jump Start program and the Model Youth program and has 
     provided $225,000 for the National Student and Parent Mock 
     Elections.
       The conference agreement supports school-based, physician 
     led health education programs as well as a maritime history 
     training project.
       The conference agreement also encourages the extension of 
     the Mentoring for School-Age children study. The conference 
     agreement also supports the expanding of the National Crime 
     Prevention Council's violence prevention program in schools 
     and communities.
       The conference agreement sets aside $16,000,000 for a broad 
     based competition on innovative programs in education. In 
     administering this competition, the conference agreement 
     contemplates that the Department of Education will provide 
     full and fair consideration, consistent with current 
     practices and policies to applications submitted by the 
     institutions identified in the House Report (105-635) and the 
     Senate Report (105-300). In addition the conference agreement 
     contemplates that similar consideration will be given to 
     applications submitted by the following institutions:
       The conference agreement urges the Department to provide 
     $250,000 for a community center program that offers various 
     on-site services, including educational tutoring and parental 
     outreach, consistent with underlying statutes. Yolo and 
     Solano Counties in California would be especially suited for 
     such a program and should be given full and fair 
     consideration for an award.
       The conference agreement encourages the Department to 
     provide $600,000 for a program that integrates standards, 
     curricula and assessment development, consistent with 
     underlying statutes. United Teachers-Los Angeles Academy for 
     Integrating Standards, Curricula and Assessments would be 
     especially suited for such a program and should be given full 
     and fair consideration for an award.
       The conference agreement encourages the Department to 
     provide $1,000,000 for a pilot program for at-risk and 
     economically disadvantaged youth, consistent with underlying 
     statutes. ``An Achievable Dream'' project in Newport News, 
     Virginia would be especially suited for such a program and 
     should be given full and fair consideration for an award.
       The conference agreement encourages the Department to 
     support a non-profit organization with a proven track record 
     as an authority in quality teacher training programs to 
     undertake a comprehensive review of research-based 
     educational programs. The purpose of the review is to 
     identify, assess, synthesize and catalogue educational tools 
     and strategies that have been proven effective through 
     research at teaching students with learning deficits.
       Within the funds provided for FIE, there is included 
     $10,000,000 for continuing a demonstration of public school 
     facilities repair and construction administered by the Iowa 
     Department of Education and $10,000,000 for the District of 
     Columbia Public Schools education reform initiative.
     International Education
       The conference agreement includes $7,000,000 the same as 
     the Senate bill, rather than $5,000,000 included in the House 
     bill. Included within this amount is $1,000,000 to implement 
     cooperative education programs in both the Republic of 
     Ireland and Northern Ireland and $500,000 to increase support 
     for activities in Bosnia-Herzegovina.
     Civics Education
       For Civics Education, the agreement provides $7,500,000 the 
     same level as in the Senate, rather than the $6,300,000 
     included in the House bill. The conference agreement concurs 
     with the Senate report language which includes $1,000,000 for 
     a new violence prevention initiative.
       Within the amounts provided, the conference agreement 
     includes $50,000 for a feasibility study and initial planning 
     and design by the Center for Educational Technologies of an 
     effective CD ROM product that would enliven the U.S. 
     Constitution and bring knowledge of that esteemed document to 
     the young people of the nation. Such a product should be 
     unique and not duplicative, and should complement the book 
     ``We the People: The Citizen and the Constitution'' which has 
     been authorized by Congress and produced by the Center for 
     Civic Education.
     21st Century Learning Centers
       The conference agreement includes $200,000,000 for the 21st 
     Century Learning Centers, compared to $60,000,000 in the 
     House bill and $75,000,000 in the Senate bill. The conference 
     agreement is based on the understanding that the Department 
     received applications in fiscal year 1998 far in excess of 
     available funds. Additional funds have been provided to 
     establish new after school learning centers in approximately 
     1,600 schools. The conference agreement contemplates that 
     these funds will be targeted to high-need rural communities, 
     urban communities and small cities that have low achieving 
     students and lack resources to establish after school centers 
     to ensure the greatest benefit from this federal investment. 
     The conference agreement contemplates that communities with 
     high rates of juvenile crime, school violence, and student 
     drug abuse should also receive a priority for funding. 
     Further, the Secretary is encouraged to consider applications 
     that involve community-based partnerships with business and 
     other agencies that can collaborate to meet the needs of 
     students and other community members.
       The conference agreement contemplates that the Secretary 
     will, to the extent practicable, assure that these districts 
     have available to them the technical and other assistance 
     needed to prepare competitive applications. For those that 
     receive grants, the agreement also contemplates that support 
     from the broad array of assistance and information resources 
     will be made available to assure the successful 
     implementation of the after school centers program at the 
     local level.
       The conference agreement contemplates that federal funds 
     should be expended for after school programs that are aligned 
     with state and local academic standards, document student 
     progress and utilize trained instructors.
       The conference agreement includes $500,000 to provide 3 
     years of support for the Chippewa Falls Area Unified School 
     System, Wisconsin after school program, $400,000 to provide 3 
     years of support for the Wausau School System, Wisconsin 
     after school program; $350,000 for the New Rochelle School 
     System after school program; $100,000 for the New York Hall 
     of Science, Queens, New York, after school program; $300,000 
     for the Bay Shore Community Learning Wellness and Fitness 
     Center for Drug Free Lifestyles in Bay Shore, New York; 
     $400,000 for the Green Bay Public School System, Wisconsin 
     after school program; $2,500,000 for an after school anti-
     drug pilot program in the Chicago Public Schools; $25,000 for 
     the Louisville Central Community Centers Youth Education 
     Program to support after-school programming; and $25,000 for 
     Canaan's Community Development Corporation in Louisville, 
     Kentucky for the Village Learning Center after school 
     program.

                        Departmental Management

       The conference agreement includes $459,242,000 for 
     Departmental Management, instead of the $453,742,000 as 
     proposed by the House and $456,742,000 as proposed by the 
     Senate. Within this amount, the agreement provides 
     $66,000,000 for the Office of Civil Rights and $31,242,000 
     for the Office of Inspector General.
       The conference agreement recognizes that Public Service 
     Recognition Week has educated America as to the value of the 
     career workforce that carries out the day-to-day operations 
     of government. This program, which has existed for over ten 
     years, plays an important role in educating our nation's 
     youth and providing them with timely information about their 
     government. The agreement contemplates that the Secretary 
     will support the elementary and secondary education projects 
     of Public Service Recognition Week.

                           GENERAL PROVISIONS

                        Voluntary National Tests

       The conference agreement includes a provision not contained 
     in either the House or the Senate bills. The House bill 
     prohibited the development, planning, implementation 
     (including pilot testing or field testing) or administration 
     of any national test without specific and explicit statutory 
     authority.
       The Senate bill prohibited field testing, implementation 
     and administration of national tests, but would allow pilot 
     testing to go forward in FY 1999. The Senate bill also 
     continued to grant authority to the National Assessment 
     Governing Board (NAGB), as opposed to the Department of 
     Education, to oversee limited test development activities.
       The conference agreement permits the National Assessment 
     Governing Board to proceed with very limited test development 
     activities, but specifically prohibits any pilot testing, 
     field testing, administration or distribution of 
     individualized national tests that are not specifically and 
     explicitly provided for in authorizing legislation enacted

[[Page H11405]]

     into law. At the present time, there is no specific and 
     explicit authority in Federal law for individualized national 
     tests.
       From the initial announcement of the proposed voluntary 
     national tests until the present, there has been no clear 
     articulation of the purpose of the proposed voluntary 
     national tests. The conference agreement requires NAGB to 
     determine and clearly articulate the purpose and intended use 
     of the proposed national tests, and to report to Congress and 
     the White House no later than September 30, 1999.
       Further, the conference agreement requires NAGB to 
     determine and report to Congress and the White House no later 
     than September 30, 1999 on the meaning of the word 
     ``voluntary'' in the context of proposed national tests.

  Response to National Academy of Sciences (NAS) Report ``Grading the 
 Nation's Report Card: Evaluating NAEP and Transforming the Assessment 
                       of Educational Progress''

       On September 24, 1998, the National Academy of Sciences 
     released a report entitled ``Grading the Nation's Report 
     Card: Evaluating NAEP and Transforming the Assessment of 
     Educational Progress.'' The report, conducted under the 
     authority of section 411(f) of the National Education 
     Statistics Act, concluded, in part, that the NAEP achievement 
     level-setting procedures remain fundamentally flawed. Because 
     the achievement levels for the proposed national tests are to 
     be modeled upon the NAEP achievement levels, the report's 
     findings have direct implications for national tests.
       The conference agreement requires NAGB to develop and 
     submit to Congress and the White House a report which 
     responds to the findings of the NAS on this matter. NAGB 
     shall report to Congress and the White House no later than 
     September 30, 1999.

     National Academy of Sciences (NAS) Technical Feasibility Study

       The conference agreement authorizes the NAS to conduct a 
     study of the technical feasibility, validity, and reliability 
     of imbedding test items from NAEP or other tests in state and 
     district assessments in fourth grade reading and eighth grade 
     mathematics.
       The conference agreement recognizes that including items 
     from one test in another test for the purpose of providing a 
     common measure of individual student performance is, 
     effectively, a form of linking. Therefore, NAS should issue a 
     report not only on the practicality, but also the validity 
     and reliability of interpretations based upon reported scores 
     from the inclusion of test items from NAEP or other tests in 
     state and district assessments.
       In looking at the validity and reliability of imbedding 
     test items and the reporting of test results on such items, 
     the NAS should determine whether linking state and district 
     assessments to the NAEP or another national performance 
     standard or scale through the method of imbedded items will 
     result in valid measures of student achievement within states 
     and districts, and in terms of national performance standards 
     or scales.
       Further, NAS should consider the issues presented in its 
     report to Congress dated September 3, 1998 and entitled 
     ``Uncommon Measures: Equivalence and Linkage Among 
     Educational Tests,'' and those issues raised by the General 
     Accounting Office report ``Student Testing: Issues Related to 
     Voluntary National Mathematics and Reading Tests'' dated June 
     1998. The NAS study should take into consideration the 
     validity and reliability of content and standards-based score 
     descriptions of different measurements, comparison of a 
     matrix-sample test to an individual student achievement test, 
     differences in test purposes, stakes and motivation, and the 
     stability of results over time.
       The NAS informal progress report (due no later than June 
     30, 1999), the NAS final report (due no later than September 
     30, 1999), and the Administration's views on national testing 
     will be considered during the authorization process of the 
     National Assessment of Educational Progress and the 
     Elementary and Secondary Education Act in the 106th Congress.

                  State Funds for Innovative Programs

       The conference agreement deletes a House provision that 
     would have allowed States to use funds under the Goals 2000 
     and the Eisenhower professional development programs for 
     activities under title VI of the Elementary and Secondary 
     Education Act of 1965.

              Individuals With Disabilities Education Act

       The House bill included language amending the Individuals 
     with Disabilities Education Act (IDEA) to give local 
     educational agencies (LEAs) flexibility to move a child with 
     a disability to an alternative educational setting in 
     situations where a child exhibits intentional violent 
     behavior. The conference agreement deletes the House 
     provision. The Senate had no similar provision.
       In order to gain a greater understanding of the 
     difficulties associated with disciplining violent, disabled 
     children, the conference agreement recommends that a General 
     Accounting Office (GAO) study be conducted. The purpose of 
     the study is to determine how IDEA affects the ability of 
     LEAs to maintain safe school environments conducive to 
     learning. The study should address the following issues: 1.) 
     Whether students with disabilities who exhibit violent 
     behavior, carry weapons, and knowingly possess or use illegal 
     drugs or sell or solicit the sale of a controlled substance 
     while at school or at a school function are being disciplined 
     differently than children without disabilities. 2.) The 
     extent to which IDEA affects the ability of LEAs to properly 
     discipline students who exhibit violent behavior, carry 
     weapons, and knowingly possess or use illegal drugs or sell 
     or solicit the sale of a controlled substance while at school 
     or at a school function. 3.) The impact of incidents of 
     serious misconduct committed by children with disabilities in 
     elementary and secondary schools on schools, students, 
     parents, and teachers. 4.) The situations in which LEAs 
     believe they are unable to provide for a safe and orderly 
     environment because of IDEA requirements. GAO is to submit an 
     interim report to the Chairman and ranking member of the 
     House and Senate Appropriations Committees no later than 
     March 1, 1999. The study is to be submitted to the Chairman 
     and ranking member of the House and Senate Appropriations 
     Committees no later than July 30, 1999.
       There is grave concern that the Department of Education has 
     not published regulations on the Individuals with 
     Disabilities Act Amendments of 1997. The Secretary of 
     Education shall promulgate, in final form, regulations to 
     implement the Individuals with Disabilities Education Act 
     Amendments of 1997 not later than December 1, 1998.

              Individuals With Disabilities Education Act

       The conference agreement deletes a House provision that 
     would have clarified penalties for States that fail to serve 
     adult prisoners under the Individuals with Disabilities 
     Education Act. The Senate had no similar provision.

                          Bilingual Education

       The conference agreement deletes a House provision that 
     would have removed the 25 percent cap on special alternative 
     instruction projects, limited student participation in 
     federally-funded bilingual education programs to two years 
     with two additional one-year extensions and required the 
     Secretary to give priority for funding multi-year grants to 
     proposals focusing on the most rapid transition to English. 
     The Senate bill contained no similar provision.

                       TITLE IV--RELATED AGENCIES

                      Armed Forces Retirement Home

       The conference agreement includes a provision proposed by 
     the Senate which permits the Armed Forces Retirement Home to 
     contract for planned renovation activities specified in the 
     budget request. The conference agreement also includes a 
     provision proposed by the Senate which would permit 
     construction and renovation funds to remain available until 
     expended.

             Corporation for National and Community Service


        domestic volunteer service programs, operating expenses

       The conference agreement provides $276,039,000 for the 
     Domestic Volunteer Service programs instead of $275,039,000 
     as proposed by the Senate and $251,369,000 as proposed by the 
     House. The Corporation for National and Community Service 
     shall comply with the directive that the use of funding 
     increases in Foster Grandparents Program, Retired Senior 
     Volunteer Program and VISTA not be restricted to America 
     Reads activities.
       The conference agreement provides $1,080,000 for senior 
     demonstration activities, which may be used for both new and 
     existing demonstration projects. The conference agreement 
     directs that expenditures of all regular FGP, SCP, and RSVP 
     funds for demonstration activities be limited to no more than 
     levels expended in fiscal year 1998 or $1,000,000, whichever 
     is less. None of the increases provided for FGP, SCP, or RSVP 
     in fiscal year 1999 may be used for demonstration activities. 
     The agreement further directs that all future demonstration 
     activities must be funded through allocations made through 
     part E of the Domestic Volunteer Service Act. In addition, 
     the agreement expresses concern over using funds for any 
     demonstration activity which involves paying non-taxable, 
     non-income stipends to people not meeting income 
     guidelines established by Congress.
       The conference agreement provides that funds remaining in 
     the Foster Grandparent, Retired and Senior Volunteer and 
     Senior Companion programs above the administrative cost 
     increases of 3 percent shall be used to begin new programs in 
     geographic areas currently unserved.
       The conference agreement includes an additional $1,000,000 
     for program administration above the amount provided in both 
     the House and Senate bills. Recent increases in funding for 
     the VISTA program have resulted in increased workload in 
     state offices. Technological solutions are available which 
     could help alleviate this situation as well as provide 
     significant improvements to the communication among state 
     offices and grantees. The Corporation for National and 
     Community Service shall use this additional $1,000,000 to 
     improve state office program administration throughout the 
     Nation, including improving state office technological 
     support to enhance state office communication with grantees.
       Funds appropriated for fiscal year 1999 may not be used to 
     implement or support service collaboration agreements or any 
     other changes in the administration and/or governance of 
     national service programs prior to passage of a bill by the 
     authorizing committees of jurisdiction specifying such 
     changes.

[[Page H11406]]

                  Corporation for Public Broadcasting

       The conference agreement includes language proposed by the 
     Senate providing an additional $15,000,000 for 
     digitalization, if specifically authorized by subsequent 
     legislation by September 30, 1999. The Federal Communications 
     Commission (FCC) has mandated that all public television 
     stations be converted from analog to digital transmissions by 
     May 2003. Public broadcasting stations face substantial 
     financial obstacles in meeting this schedule. Digital 
     conversion will cause extreme hardship on small rural 
     stations and the conference agreement encourages that funds 
     provided be targeted to those stations with the most 
     financial need.

               Federal Mediation and Conciliation Service

       The conference agreement includes language proposed by the 
     Senate regarding the authority of the Director to accept and 
     use gifts.

                Institute of Museum and Library Services

       The conference agreement provides $166,175,000 for the 
     Institute of Museum and Library Services instead of 
     $146,340,000 as proposed by the House and $156,340,000 as 
     proposed by the Senate. Within this amount, the conference 
     agreement sets aside $25,000,000 for national leadership 
     projects, including $4,000,000 for a broad-based competition 
     on improving the quality of library and museum services. This 
     competition shall be administered in a manner consistent with 
     the requirements applicable in authorizing statutes and the 
     Institute's General Administrative Manual. In administering 
     this competition, the Director shall give full and fair 
     consideration to applications submitted by the institutions 
     identified in the Senate Report (105-300) and in this 
     statement of the managers. The Metropolitan Museum of Art has 
     undertaken an innovative project to record and library 
     digital photographs of a substantial portion of its 
     collection, which is the largest collection in the Western 
     Hemisphere. In order to assist the Museum make its collection 
     available to students and library patrons throughout the 
     Nation, the Director is encouraged to provide $500,000 for 
     this project. In addition, the Director is encouraged to 
     continue a National Leadership grant award to an historic 
     medical library.
       The conference agreement includes $10,000,000 for the 
     National Constitution Center for exhibition design, program 
     planning, and operation of the Center to engage all citizens 
     in understanding the Constitution and its history. The 
     conference agreement includes $750,000 for the Digital 
     Geospatial and Numerical Data Library at the University of 
     Idaho. The conference agreement includes $1,250,000 for the 
     Franklin Institute in Philadelphia, PA to maintain and 
     enhance the oldest scientific journal in the United States, 
     to manage an extensive international program and to provide 
     an innovative science education program in the library 
     setting.
       The conference agreement also includes $2,000,000 for the 
     New York Public Library to enhance digitization efforts to 
     improve online access to library collections. The conference 
     agreement includes $35,000 for the Children's Museum in 
     Manhattan. The conference agreement includes $300,000 for 
     completing transcription, indexing, cataloging, and 
     microfilming of approximately 1,200 oral history interviews 
     relating to Iowa labor and unions and to process and catalog 
     approximately 800 shelf feet of labor history archival 
     material in order to make the entire collection accessible to 
     researchers and to the public. The conference agreement 
     includes $1,100,000 for the Museum of Science and Industry in 
     Chicago, Illinois for a nautical exhibition.

                     National Labor Relations Board

       The conference agreement provides $184,451,000 for the 
     National Labor Relations Board as proposed by the Senate 
     instead of $174,661,000 as proposed by the House.

                       Railroad Retirement Board


                     dual benefits payments account

       The conference agreement provides $189,000,000 for dual 
     benefits payments as proposed by the Senate instead of 
     $191,000,000 as proposed by the House.


                      limitation on administration

       The conference agreement includes a limitation on transfers 
     from the railroad trust funds of $90,000,000 for 
     administrative expenses as proposed by the Senate instead of 
     $86,000,000 as proposed by the House.


             limitation on the office of inspector general

       The conference agreement includes a limitation on transfers 
     from the railroad trust funds of $5,600,000 for the Office of 
     Inspector General as proposed by the Senate instead of 
     $5,400,000 as proposed by the House. The conference agreement 
     includes a provision by the House prohibiting the use of 
     funds for any audit, investigation or review of the Medicare 
     program. The conference agreement makes this prohibition a 
     permanent change in law.

                     Social Security Administration


                  supplemental security income program

       The conference agreement includes $21,552,000,000 for the 
     Supplemental Security Income Program instead of 
     $21,495,000,000 as proposed by the House and $21,538,000,000 
     as proposed by the Senate. The conference agreement includes 
     language authorizing the Commissioner of Social Security to 
     use $6,000,000 for Federal-State partnerships to evaluate 
     ways to promote Medicare buy-in programs targeted to elderly 
     and disabled individuals. The conference agreement includes 
     $1,000,000 to be used to conduct policy research to support 
     the goals of the Presidential Task Force on Employment of 
     Adults with Disabilities. In designing and implementing 
     research on the barriers to employment for persons with 
     disabilities, the Social Security Administration shall 
     consult fully with the Presidential Task Force.


                 limitation on administrative expenses

       The conference agreement includes a limitation of 
     $5,996,000,000 on transfers from the Social Security and 
     Medicare trust funds and Supplemental Security Income program 
     for administrative activities instead of $5,949,000,000 as 
     proposed by the House and $5,982,000,000 as proposed by the 
     Senate.
       The Social Security Administration operates a unique 
     cooperative training program with the Association of 
     Administrative Law Judges, Inc., which is recognized by State 
     bar associations for continuing legal education credits. It 
     is believed that this unique program will improve SSA's 
     ability to meet its performance goals and SSA is encouraged 
     to continue and expand its support of this program, including 
     reimbursement of conference registration fees for the 
     Association of Administrative Law Judges, Inc. annual 
     training conference, to increase ALJ participation.

                      Office of Inspector General

       The conference agreement provides $56,000,000 for the 
     Office of Inspector General through a combination of general 
     revenues and limitations on trust fund transfers as proposed 
     by the House instead of $50,212,000 as proposed by the 
     Senate.

                    United States Institute of Peace

       The conference agreement provides $12,160,000 for the 
     United States Institute of Peace instead of $11,160,000 as 
     proposed by the House and $11,495,000 as proposed by the 
     Senate. Funding provided above the President's request level 
     shall be used for the Bosnia initiative described in the 
     Congressional budget justification accompanying the fiscal 
     year 1999 budget request.

                      TITLE V--GENERAL PROVISIONS

                    Distribution of Sterile Needles

       Both the House and Senate bills contain prohibitions on the 
     use of Federal funds for the distribution of sterile needles 
     for the injection of any illegal drug (section 505). The 
     Senate language allows the Secretary to waive the prohibition 
     to allow a needle exchange program if she determines that 
     such program is effective in preventing the spread of HIV and 
     does not encourage the use of illegal drugs and that the 
     program is operated in accordance with criteria established 
     by the Secretary to ensure those conditions are met. The 
     House bill includes a strict prohibition with no waiver 
     authority. The conference agreement is the same as the House 
     language.

                          Abortion Restriction

       Both the House and Senate bills contain the Hyde amendment 
     that was revised in the fiscal year 1998 appropriations Act. 
     However, the House bill includes additional clarifying 
     language to ensure that the Hyde amendment applies to all 
     trust fund programs funded in the bill. The conference 
     agreement is the same as the House language.

                       Fund Transfer Prohibition

       Both the House and Senate bills contain a provision that 
     prohibits transfers of funds from an appropriation account in 
     the Departments of Labor, health and Human Services and 
     Education except as authorized in this or any subsequent 
     appropriations Act or in the Act establishing the program for 
     which funds are contained in this Act. The conference 
     agreement makes this provision permanent.

                           Teamsters Election

       The conference agreement includes a general provision 
     proposed by the House that prohibits the use of funds in this 
     Act for the election of officers of the International 
     Brotherhood of Teamsters. The Senate bill had no similar 
     provision.

                   Unobligated Salaries and Expenses

       The conference agreement includes a general provision 
     proposed by the House that would allow salaries and expenses 
     funds in the bill that are unobligated at the end of fiscal 
     year 1999 to remain available for three additional months, 
     provided that the Appropriations Committees are notified 
     before the funds are obligated. The Senate bill had no 
     similar provision.

                      National Labor Relations Act

       The conference agreement does not include a general 
     provision proposed by the House that would have amended the 
     National Labor Relations Act to require the National Labor 
     Relations Board to adjust its jurisdictional threshold 
     amounts for the inflation that has occurred since the 
     adoption of the current thresholds an August 1, 1959. The 
     Senate bill had no similar provision.

                           Health Identifier

       The conference agreement includes a general provision 
     proposed by the Senate modified to provide that none of the 
     funds in this Act may be used to adopt a final standard 
     providing for a unique health identifier for an individual 
     until legislation is enacted specifically approving the 
     standard. The House bill had no similar provision.

                    Salaries and Expenses Reduction

       The conference agreement deletes section 515 of the Senate 
     bill that would have reduced salaries and expenses 
     appropriations

[[Page H11407]]

     for all agencies in the bill by a total of $33,000,000 to be 
     allocated by the Office of Management and Budget. The House 
     had no similar provision.

  TITLE VI--NATIONAL CENTER FOR COMPLEMENTARY AND ALTERNATIVE MEDICINE

       The conference agreement includes a legislative provision 
     proposed by the Senate that amends title IV of the Public 
     Health Service Act to create a national center for 
     complementary and alternative medicine at the National 
     Institutes of Health. The House bill had no similar 
     provision.

                  TITLE VII--MISCELLANEOUS PROVISIONS

                          Child Protection Act

       The conference agreement does not include a new Child 
     Protection Act of 1998 proposed by the House. This would have 
     required any elementary or secondary school or public library 
     that has received any Federal funds for the acquisition or 
     operation of any computer that is accessible to minors and 
     that has access to the Internet to install software on such 
     computer designed to prevent minors from obtaining access to 
     any obscene information using that computer and to ensure 
     that such software is operational whenever that computer is 
     used by minors. The Senate had no similar provision.

                      Public Broadcasting Pay Cap

       The conference agreement includes language that was not in 
     either the House or Senate bills that amends title 47 of the 
     U.S. Code to remove the current statutory pay cap for 
     officers and employees of the Public Broadcasting System and 
     National Public Radio and to conform the cap to the limits on 
     compensation set by Congress in 1996 for all other nonprofit 
     organizations.

                           Refugee Provision

       The conference agreement includes language that was not 
     contained in either the House and Senate bills that amends 
     the Foreign Operations Appropriations Act, 1990 (Public Law 
     101-167) to extend certain existing adjudication provisions 
     related to qualifying for refugee status once an applicant 
     has proven that he or she is a member of a religious minority 
     group that has historically endured discrimination. This does 
     not determine the number of refugees to be admitted to the 
     United States in a given year. That decision is made 
     separately.

                      Railroad Retirement Spouses

       The conference agreement includes language that was not 
     contained in either the House or Senate bills that amends the 
     Railroad Retirement Act to restore monthly railroad pension 
     payments to a very small number of surviving divorced spouses 
     of former railroad workers. These divorced widows had their 
     monthly payments mistakenly cut off through an administrative 
     error by the Railroad Retirement Board.

            Puerto Rico Children's Health Insurance Program

       The conference agreement includes language that was not in 
     either the House or Senate bills that appropriates an 
     additional $32,000,000 for fiscal year 1999 for the 
     Children's Health Insurance Program in Puerto Rico.

               State Children's Health Insurance Program

       The conference agreement includes language that was not in 
     either the House or Senate bills that inserts a technical 
     correction to the formula set forth in the Balanced Budget 
     Act of 1997 for the allocation of funds among the States 
     under the State children's health insurance program (SCHIP). 
     This formula relies on the Current Population Survey, in 
     which the data can vary significantly from year to year due 
     to small sample sizes. To prevent wide, unpredictable funding 
     fluctuations in the allocation among the States this year, 
     the same data used to allocate SCHIP funds in FY 1998 will be 
     used again in FY 1999. Each State's share or percentage of 
     the total amount available in FY 1998 will be the same share 
     or percentage of the total amount available in FY 1999 as 
     authorized under Balanced Budget Act.

                         Medicaid DSH Payments

       The conference agreement includes language that was not in 
     either the House or Senate bills correcting an error in the 
     Balanced Budget Act of 1997 which displayed incorrect 
     information about the level of Medicaid disproportionate 
     share hospital payments for the States of Minnesota, New 
     Mexico and Wyoming. The bill corrects these errors only for 
     fiscal year 1999. There is no intention to include this 
     correction in future appropriations bills. It is expected 
     that the authorizing committees will enact the correction on 
     a permanent basis.

               Commission on Weapons of Mass Destruction

       The conference agreement includes language that was not in 
     either the House or Senate bills that extends the reporting 
     deadline for the Commission to Assess the Organization of the 
     Federal Government to Combat the Proliferation of Weapons of 
     Mass Destruction, enlarges the membership of the commission 
     and restricts certain activities of the commission.

                              Pace Program

       The conference agreement includes a provision not contained 
     in either the House or Senate bills which makes a technical 
     correction to title XIX of the Social Security Act.

            Access to Obstetrical and Gynecological Services

       The conference agreement deletes section 701 of the House 
     bill which would have provided that any group health plan or 
     health insurer, including managed care plans, must allow 
     obstetricians and gynecologists to be designated by a female 
     enrollee as her primary care physician. The House provision 
     amended several underlying statutes. The Senate had no 
     similar provision.

                           Cigarette Labeling

       The conference agreement deletes section 702 of the House 
     bill which would have required additional warning labels for 
     cigarettes with respect to African-Americans. The House 
     provision amended the Federal Cigarette Labeling and 
     Advertising Act. The Senate had no similar provision.

                   TITLE VIII--READING EXCELLENCE ACT

       The conference agreement includes a new title VIII of the 
     bill which was not included in either the House or Senate 
     bills. This title amends Title II of the Elementary and 
     Secondary Education Act of 1965 (20 U.S.C. 6601 et seq.) to 
     create a two-year competitive grant program to States to 
     assist children having difficulty with reading.

               TITLE IX--WOMEN'S HEALTH AND CANCER RIGHTS

       The conference agreement includes a provision not contained 
     in either the House or Senate bills which would require 
     health insurers to provide coverage of reconstruction of the 
     breast on which mastectomies have been performed and 
     prostheses and complications of mastectomies including 
     lymphedemas.

                          Conference Agreement

       The following table displays the amounts agreed to for each 
     program, project or activity with appropriate comparison:

[[Page H11408]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.000
     


[[Page H11409]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.001
     


[[Page H11410]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.002
     


[[Page H11411]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.003
     


[[Page H11412]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.004
     


[[Page H11413]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.005
     


[[Page H11414]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.006
     


[[Page H11415]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.007
     


[[Page H11416]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.008
     


[[Page H11417]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.009
     


[[Page H11418]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.010
     


[[Page H11419]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.011
     


[[Page H11420]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.012
     


[[Page H11421]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.013
     


[[Page H11422]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.014
     


[[Page H11423]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.015
     


[[Page H11424]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.016
     


[[Page H11425]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.017
     


[[Page H11426]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.018
     


[[Page H11427]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.019
     


[[Page H11428]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.020
     


[[Page H11429]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.021
     


[[Page H11430]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.022
     


[[Page H11431]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.023
     


[[Page H11432]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.024
     


[[Page H11433]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.025
     


[[Page H11434]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.026
     


[[Page H11435]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.027
     


[[Page H11436]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.028
     


[[Page H11437]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.029
     


[[Page H11438]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.030
     


[[Page H11439]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.031
     


[[Page H11440]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.032
     


[[Page H11441]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.033
     


[[Page H11442]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.034
     


[[Page H11443]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.035
     


[[Page H11444]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.036
     


[[Page H11445]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.037
     


[[Page H11446]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.038
     


[[Page H11447]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.039
     


[[Page H11448]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.040
     


[[Page H11449]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.041
     


[[Page H11450]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.042
     


[[Page H11451]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.043
     


[[Page H11452]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.044
     


[[Page H11453]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.045
     


[[Page H11454]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.046
     


[[Page H11455]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.047
     


[[Page H11456]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.048
     


[[Page H11457]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.049
     


[[Page H11458]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.050
     


[[Page H11459]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.051
     


[[Page H11460]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.052
     


[[Page H11461]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.053
     


[[Page H11462]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.054
     


[[Page H11463]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.055
     


[[Page H11464]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.056
     


[[Page H11465]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.057
     


[[Page H11466]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.058
     


[[Page H11467]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.059
     


[[Page H11468]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.060
     


[[Page H11469]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.061
     


[[Page H11470]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.062
     


[[Page H11471]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.063
     


[[Page H11472]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.064
     


[[Page H11473]]

                   Conference Total--With Comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1999 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1998 amount, the 1999 
     budget estimate, and the House and Senate bills for 1999 
     follow:

New budget (obligational) authority, fiscal year 1998..$262,257,417,000
Budget estimates of new (obligational) authority, fiscal286,606,839,000
House bill, fiscal year 1999............................283,089,592,000
Senate bill, fiscal year 1999...........................287,592,472,000
Conference agreement, fiscal year 1999                  289,403,103,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1998.+27,145,686,000
  Budget estimates of new (obligational) authority, fisca+2,796,264,000
  House bill, fiscal year 1999...........................+6,313,511,000
  Senate bill, fiscal year 1999..........................+1,810,631,000

   SECTION 101(g): DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES 
                        APPROPRIATIONS ACT, 1999

       The conferees on H.R. 4328 agree with the matter inserted 
     in this subsection of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in the 
     House and Senate versions of H.R. 4328, the Department of 
     Transportation and related agencies Appropriations Act, 1999, 
     by members of the appropriations subcommittee of both the 
     House and Senate with jursidiction over H.R. 4328.

           DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES

       Executive Branch propensities cannot substitute for 
     Congress' own statements concerning the best evidence of 
     Congressional intentions; that is, the official reports of 
     the Congress. Report language included by the House (House 
     Report 105-648) or the Senate (Senate Report 105-249 
     accompanying the companion measure S. 2307) that is not 
     changed by the conference is approved by the committee of 
     conference. The statement of the managers, while repeating 
     some report language for emphasis, is not intended to negate 
     the language referred to above unless expressly provided 
     herein.

                     PROGRAM, PROJECT, AND ACTIVITY

       During fiscal year 1999, for the purposes of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (Public Law 
     99-177), as amended, with respect to funds provided for the 
     Department of Transportation and related agencies, the terms 
     ``program, project, and activity'' shall mean any item for 
     which a dollar amount is contained in an appropriations Act 
     (including joint resolutions providing continuing 
     appropriations) or accompanying reports of the House and 
     Senate Committees on Appropriations, or accompanying 
     conference reports and joint explanatory statements of the 
     committee of conference. In addition, the reductions made 
     pursuant to any sequestration order to funds appropriated for 
     ``Federal Aviation Administration, Facilities and equipment'' 
     and for ``Coast Guard, Acquisition, construction, and 
     improvements'' shall be applied equally to each ``budget 
     item'' that is listed under said accounts in the budget 
     justifications submitted to the House and Senate Committees 
     on Appropriations as modified by subsequent appropriations 
     Acts and accompanying committee reports, conference reports, 
     or joint explanatory statements of the committee of 
     conference. Adjustments to the above allocations may be 
     required due to changing program requirements or priorities. 
     Such adjustments, if required, are expected to be 
     accomplished only through the normal reprogramming process.

                Staffing Increases Provided by Congress

       The Department of Transportation is directed to fill 
     expeditiously any positions added in this bill, without 
     regard to agency-specific staffing targets which may have 
     been previously established to meet the mandated government-
     wide staffing reductions. Staffing reductions have been made 
     in the bill which more than offset staffing increases 
     provided for a small number of specific activities.

                 TITLE I--DEPARTMENT OF TRANSPORTATION

                        office of the Secretary


                         salaries and expenses

       The conference agreement provides a total program level of 
     $60,490,000 for the salaries and expenses of the various 
     offices comprising the Office of the Secretary. The 
     department has indicated that this aggregate funding level 
     shall be sufficient to avoid any personnel reductions in 
     fiscal year 1999. A consolidated appropriations request for 
     these various offices has not been approved, rather 
     individual appropriations have been provided for each of the 
     offices within the Office of the Secretary, as proposed by 
     both the House and the Senate.
       The conference agreement includes a provision (sec. 361) 
     which authorizes the Secretary to transfer funds appropriated 
     for any office of the Office of the Secretary to any other 
     office of the Office of the Secretary, provided that no 
     appropriation shall be increased or decreased by more than 
     twelve percent by all such transfers and that any such 
     transfers shall be submitted for approval to the House and 
     Senate Committees on Appropriations. None of the funds 
     provided in this Act for any office within the Office of the 
     Secretary shall be available for any new position not 
     specifically requested in the budget and approved by the 
     House and Senate Committees on Appropriations.


                   immediate office of the secretary

       The conference agreement provides $1,624,000 for expenses 
     of the Immediate Office of the Secretary, instead of 
     $1,623,800 as proposed by the House and $1,768,600 as 
     proposed by the Senate.
       The conference agreement deletes a provision proposed by 
     the Senate that would permit the crediting of up to 
     $1,000,000 in funds received from user fees. The House bill 
     contained no similar provision.


                immediate office of the deputy secretary

       The conference agreement provides $585,000 for expenses of 
     the Immediate Office of the Deputy Secretary as proposed by 
     the House instead of $554,700 as proposed by the Senate.

                     office of the general counsel

       The conference agreement provides $8,750,000 for expenses 
     of the Office of the General Counsel instead of $8,895,000 as 
     proposed by the House and $8,645,000 as proposed by the 
     Senate.


              office of the assistant secretary for policy

       The conference agreement provides $2,808,000 for expenses 
     of the Office of the Assistant Secretary for Policy instead 
     of $2,667,200 as proposed by the House and $2,479,500 as 
     proposed by the Senate.
       The department is encouraged to exercise its authority 
     under the National Service Act to enter into contracts and 
     cooperative agreements with qualified urban youth corps to 
     perform appropriate service projects. The department is 
     further encouraged to report back to the House and Senate 
     Committees on Appropriations on its activities in this 
     area in its budget justifications in support of the fiscal 
     year 2000 request.


   OFFICE OF THE ASSISTANT SECRETARY FOR AVIATION AND INTERNATIONAL 
                                AFFAIRS

       The conference agreement provides $7,650,300 for expenses 
     of the Office of the Assistant Secretary for Aviation and 
     International Affairs instead of $7,002,200 as proposed by 
     the House and $6,686,300 as proposed by the Senate.
       The conference agreement includes a provision that permits 
     the crediting to this appropriation of $1,000,000 received in 
     user fees as proposed by the House. The Senate bill contained 
     no similar provision.
       The conference agreement deletes the Senate provision that 
     would prohibit the use of funds to maintain custody of 
     airline tariffs that are already available for public and 
     departmental access at no cost; to secure them against 
     detection, alteration, or tampering; and to open them to 
     inspection by the department. The House bill contained no 
     similar provision.
       Aviation competition guidelines.--The department is 
     encouraged to consider a process in which the department, 
     upon receiving a complaint, would consider within a specified 
     time period whether alleged activity should be referred to 
     the Department of Justice or whether it was a permissible 
     competitive activity. Further, the department is encouraged 
     to implement existing laws, regulations and enforcement 
     practices to protect the economy from anti-competitive 
     conduct by the airlines, and to monitor the dynamics of the 
     airline ticketing industry.


       OFFICE OF THE ASSISTANT SECRETARY FOR BUDGET AND PROGRAMS

       The conference agreement provides $6,349,000 for the Office 
     of the Assistant Secretary for Budget and Programs instead of 
     $6,069,300 as proposed by the House and $5,687,800 as 
     proposed by the Senate.


       OFFICE OF THE ASSISTANT SECRETARY FOR GOVERNMENTAL AFFAIRS

       The conference agreement provides $1,940,600 for expenses 
     of the Office of the Assistant Secretary for Governmental 
     Affairs instead of $1,672,000 as proposed by the House and 
     $1,600,000 as proposed by the Senate.


          OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

       The conference agreement provides $19,721,600 for expenses 
     of the Office of the Assistant Secretary for Administration 
     instead of $19,147,100 as proposed by the House and 
     $19,570,200 as proposed by the Senate. The conferees have 
     deleted funds for the office of acquisition. While the House 
     and Senate Committees on Appropriations once supported the 
     department's intended aggressive initiative to improve 
     acquisition oversight at the departmental level, there is 
     little, if any, value added by limited, informal secretarial 
     reviews.


                        OFFICE OF PUBLIC AFFAIRS

       The conference agreement provides $1,565,500 for expenses 
     of the Office of Public Affairs instead of $1,377,600 as 
     proposed by the House and $1,656,600 as proposed by the 
     Senate.


                         EXECUTIVE SECRETARIAT

       The conference agreement provides $1,046,900 for expenses 
     of the Executive Secretariat as proposed by the House instead 
     of $1,088,500 as proposed by the Senate.


                       BOARD OF CONTRACT APPEALS

       The conference agreement provides $561,100 for expenses of 
     the Board of Contract Appeals instead of $675,500 as proposed 
     by the House and $460,000 as proposed by the Senate.

[[Page H11474]]

         OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION

       The conference agreement provides $1,020,400 for expenses 
     of the Office of Small and Disadvantaged Business Utilization 
     instead of $839,200 as proposed by the House and $1,000,000 
     as proposed by the Senate.
       The department is encouraged to increase opportunities and 
     participation in small, minority, and women-owned businesses 
     in DOT-related procurements.


                  OFFICE OF INTELLIGENCE AND SECURITY

       The conference agreement provides $1,036,100 for expenses 
     of the Office of Intelligence and Security instead of 
     $961,000 as proposed by the House and $935,000 as proposed by 
     the Senate.


                OFFICE OF THE CHIEF INFORMATION OFFICER

       The conference agreement provides $4,874,600 for expenses 
     of the Office of the Chief Information Officer instead of 
     $4,400,000 as proposed by the House and $4,652,700 as 
     proposed by the Senate.
       The position of the chief information officer has been 
     vacant for more than one year and a half and there has not 
     been a permanent incumbent in the position since the office 
     was established. The need for such an office under these 
     circumstances is questionable. Elimination of the office 
     shall be considered in fiscal year 2000 if the position is 
     not filled permanently by May 1, 1999.


                        OFFICE OF INTERMODALISM

       The conference agreement provides $956,900 for expenses of 
     the Office of Intermodalism instead of $1,018,000 as proposed 
     by the House and $1,000,000 as proposed by the Senate.


                         OFFICE OF CIVIL RIGHTS

       The conference agreement provides $6,966,000 for expenses 
     of the Office of Civil Rights as proposed by the House 
     instead of $5,562,000 as proposed by the Senate.


           TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

       The conference agreement provides $9,000,000 for 
     transportation planning, research, and development instead of 
     $3,035,000 as proposed by the House and $8,328,400 as 
     proposed by the Senate. The conference agreement includes 
     funding for the following activities:

1999 Special Olympics World Summer Games planning and assista$1,000,000
2001 Special Olympics World Summer Games planning and assistance900,000
2002 Winter Olympics security and training and assistance.....1,000,000
Drexel University intelligent transportation institute..........500,000
Freight mobility study, Puget Sound area, Washington.............40,000
Flood project alternatives research, I-5, Centralia/Chehalis, 
  Washington....................................................250,000
New Jersey State Police enforcement equipment.................1,275,000

       The conference agreement also includes funding for a 
     collaboration of industry, education, and government 
     activities to develop a skilled workforce for the 
     transportation industry within the amounts appropriated, 
     provided that total federal government support for this 
     activity not exceed $1,000,000 in total.
       The department is encouraged to submit a report by January 
     1, 1999 to the House and Senate Committees on Appropriations 
     detailing how the department could develop a multimedia 
     acoustic noise model that encompasses all transportation 
     related noise sources by incorporating propagation phenomena 
     that affect community noise, such as atmospheric effects.
       The department is encouraged to work with the National 
     Center for Missing and Exploited Children and the 
     transportation industry to identify and implement initiatives 
     to increase the involvement of the transportation industry in 
     the effort to locate missing children, and to report to the 
     House and Senate Committees on Appropriations no later than 
     March 31, 1999 on the initiatives and actions taken to 
     implement these efforts.
       New Jersey State Police video camera equipment.--The 
     conference agreement includes $1,275,000 to enable the 
     Secretary to make a grant to the New Jersey State Police for 
     the procurement of video camera equipment for police 
     vehicles. Such equipment shall be used for law enforcement 
     purposes including the prosecution of drunk drivers.


              transportation administrative service center

       The conference agreement includes a limitation on 
     activities financed through the transportation administrative 
     service center at $124,124,000 instead of $109,124,000 as 
     proposed by the House and $158,468,000 as proposed by the 
     Senate. Language is included in the conference agreement that 
     stipulates that the limitation shall not apply to non-DOT 
     entities and that services provided by the transportation 
     administrative service center to entities within the 
     department shall be provided on a competitive basis. In 
     addition, the conference agreement includes two language 
     provisions, as proposed by both the House and Senate. The 
     first provision limits activities transferred to the 
     transportation administrative service center to only those 
     approved by the agency modal administrator; the second limits 
     special assessments or reimbursable agreements levied against 
     those assessments or reimbursable agreements presented to and 
     approved by the House and Senate Committees on 
     Appropriations. Lastly, the conference agreement includes a 
     provision that exempts from the obligation limitation 
     departmental activities related to Year 2000 conversion 
     activities.
       The department shall submit with the annual department's 
     Congressional budget submission an approved annual operating 
     plan of the transportation administrative service center and 
     provide quarterly reports for the Committees' review. 
     Quarterly reports and approvals of the Secretary's management 
     council shall also be provided to the House and Senate 
     Committees on Appropriations in a timely manner.
       The transportation administrative service center management 
     is directed to establish a mechanism that ensures that the 
     transportation administrative service center's budget 
     corresponds to the budget of each of the modes responsible 
     for paying transportation administrative service center 
     bills, guaranteeing that transportation administrative 
     service center charges to the modes are reduced to correspond 
     to Congressional reductions.
       Transportation computer center.--The conference agreement 
     restores funding necessary to continue operations of the 
     transportation computer center (TCC) within the 
     transportation administrative service center in fiscal year 
     1999. The House had proposed to eliminate the transportation 
     computer center based upon findings of the Inspector General. 
     The Inspector General's report, upon which the House based 
     its recommendations, may have been based on an out-dated 
     independent analysis of the TCC's utility and cost-
     effectiveness. In restoring the reduction proposed by the 
     House, the director of the transportation administrative 
     service center is directed to contract out for an independent 
     analysis to determine whether the transportation computer 
     center is currently capable of operating at levels that OMB 
     considers cost-effective. In addition, the Inspector General 
     is directed to review the center's cost effectiveness, 
     utility and value added to the department, as well as to 
     provide an assessment of departmental users that have 
     indicated an interest in obtaining data processing services 
     elsewhere. Both the independent analysis and the Inspector 
     General's updated audit shall be provided to the House and 
     Senate Committees on Appropriations by March 1, 1999.
       National Oceanic and Atmospheric Administration's Office of 
     Aeronautical Charting and Cartography.--The conference 
     agreement disallows the proposed transfer of the National 
     Oceanic and Atmospheric Administration's Office of 
     Aeronautical Charting and Cartography to the transportation 
     administrative service center, as proposed by the House. The 
     conference agreement provides funding for this activity 
     within the Federal Aviation Administration.


                   minority business resource center

       The conference agreement includes a limitation on direct 
     loans of $13,775,000 and provides subsidy and administrative 
     costs totaling $1,900,000, as proposed by both the House and 
     the Senate.


                       minority business outreach

       The conference agreement provides $2,900,000 for minority 
     business outreach activities, as proposed by both the House 
     and the Senate.


                         amtrak reform council

       The conference agreement deletes an appropriation of 
     $450,000 for the Amtrak Reform Council proposed by both the 
     House and the Senate. The conferees have agreed to provide an 
     appropriation of $450,000 directly to the Amtrak Reform 
     Council in section 349 of this Act.

                              Coast Guard


                           operating expenses

                     (including transfers of funds)

       The conference agreement provides $2,700,000,000 for Coast 
     Guard operating expenses as proposed by the House instead of 
     $2,761,603,000 as proposed by the Senate. The conference 
     agreement assumes that an additional $71,705,000 will be 
     provided for fiscal year 1999 in order to improve the Coast 
     Guard's readiness posture. The agreement specifies that 
     $300,000,000 of the total is available only for ``defense-
     related'' activities, as proposed by the House. The Senate 
     proposed a similar amount for ``national security'' 
     activities. The agreement accepts the House and Senate 
     language regarding new user fees, and deletes Senate language 
     allocating funds for enhanced counter-drug operations around 
     Hispaniola.
       Caribbean support tender.--The conference agreement deletes 
     House language allocating funds for a Caribbean support 
     tender.
       Flexibility provision.--The agreement modifies the Senate 
     proposal to allow the transfer of funding from FAA's 
     operating account to augment Coast Guard drug interdiction 
     operations. The agreement allows the transfer of up to 
     $71,705,000 instead of $60,000,000 as proposed by the Senate. 
     This is the difference between the level contained in this 
     bill and the President's budget request.
       The following table compares the House and Senate bills and 
     the conference agreement for items in conference:

[[Page H11475]]



                                         COAST GUARD--OPERATING EXPENSES                                        
                                    [Fiscal Year 1999: Conference Agreement]                                    
----------------------------------------------------------------------------------------------------------------
                                                                                                   Conference   
                                                               House bill        Senate bill        agreement   
----------------------------------------------------------------------------------------------------------------
Personnel Resources:                                                                                            
Budget estimate...........................................    $1,762,471,000    $1,762,471,000    $1,762,471,000
Adjustments to budget estimate:                                                                                 
    Eliminate new officer billets.........................        -5,736,000                 0        -5,736,000
    Restore FY 1998 FTE savings...........................       -15,000,000                 0       -15,000,000
    College fund recruiting...............................          -545,000                 0                 0
    Headquarters staffing.................................        -1,000,000                 0        -1,000,000
    PCS reassignment moves................................        -1,370,000                 0        -1,370,000
    Overseas billet eliminations..........................          -560,000                 0          -560,000
    Military pay and benefits.............................       -10,000,000        -2,377,000       -10,000,000
    Civilian pay and benefits.............................                 0        -3,077,000        -3,075,000
    Health care...........................................                 0        -2.036,000                 0
    PCS moves.............................................                 0        -2,308,000                 0
Amount recommended........................................     1,728,260,000     1,752,673,000     1,725,730,000
Operating Funds & Unit Level Maintenance:                                                                       
Budget estimate...........................................       619,593,000       619,593,000       619,593,000
Adjustments to budget estimate:                                                                                 
    GSA rent for OSC......................................        -1,448,000                 0                 0
    17th district--FY98 level.............................                 0          +888,000        +1,768,000
    Headquarters directorates.............................                 0        -1,156,000        -1,156,000
    Other activities--FY98 level..........................                 0           -36,000                 0
                                                           -----------------------------------------------------
Amount recommended........................................       618,145,000       619,289,000       620,205,000
Depot Level Maintenance:                                                                                        
Budget estimate...........................................       389,641,000       389,641,000       389,641,000
Adjustments to budget estimate............................                 0                 0  ................
                                                           -----------------------------------------------------
Amount recommended........................................       389,641,000       389,641,000       389,641,000
Account-Wide Adjustments:                                                                                       
    Departmental initiatives..............................          -498,000                 0          -498,000
    Non-pay inflation.....................................       -10,000,000                 0       -10,000,000
    Non-operational travel................................        -2,500,000                 0        -2,500,000
    Advisory/assistance services..........................        -2,000,000                 0        -2,000,000
    Capitalizable projects................................        -8,000,000                 0        -8,000,000
    User fee/reimbursable program.........................        -3,500,000                 0        -3,500,000
    WLB PCAF..............................................          -548,000                 0           -78,000
    Defense OPTEMPO.......................................        -9,000,000                 0        -9,000,000
                                                           -----------------------------------------------------
Amount recommended........................................       -36,046,000                 0       -35,576,000
                                                           =====================================================
      Total appropriation.................................     2,700,000,000     2,761,603,000     2,700,000,000
----------------------------------------------------------------------------------------------------------------

       Nationwide ballast water management program.--The conferees 
     agree that the Coast Guard should allocate not less than 
     $3,000,000 to the nationwide ballast water management 
     program.
       Concord, CA marine safety detachment.--The conference 
     agreement accepts the House's concern about the Coast Guard's 
     planned closure of the marine safety detachment in Concord, 
     California and its impact on the protection of the local 
     marine environment from significant oil and chemical traffic 
     and on timely and efficient response to oil and chemical 
     accidents in the sensitive and busy waterways of the 
     Carquinez Strait and other Bay and Delta waterways. The 
     conference agreement agrees with the House's direction that 
     the Coast Guard shall not obligate any funds to begin the 
     closure or termination of this unit until: (1) the Coast 
     Guard enters into discussions with Contra Costa County 
     officials concerning the impact of the closure; (2) the Coast 
     Guard submits a report to the House and Senate Committees on 
     Appropriations that explains how the Coast Guard will assure 
     the timely and efficient response to oil and chemical 
     accidents in the area and continue to perform other critical 
     oversight functions concerning oil and chemical traffic in 
     these waterways; and (3) the House and Senate Committees on 
     Appropriations have had thirty legislative days to review the 
     Coast Guard report.
       Nationwide differential global positioning system.--Within 
     the ``Acquisition, construction, and improvements'' account, 
     the conferees have provided $7,500,000 for differential 
     global positioning system (DGPS) equipment, of which 
     $5,500,000 is for electronic equipment costs, site 
     preparation and construction work, and installation of 
     conversion software at Air Force ground wave emergency 
     network transmitter sites throughout the continental United 
     States under the nationwide DGPS program. The conference 
     agreement directs that, of funds made available under Coast 
     Guard ``Operating expenses'', sufficient operating funds be 
     made available to support this NDGPS activity. The agreement 
     notes that, in the future, these sites may be operated by 
     other DOT personnel through a memorandum of agreement between 
     the Coast Guard and the Federal Railroad Administration or 
     the Federal Highway Administration.
       Distribution of funds.--The conferees do not agree with the 
     House proposal to reduce funds for polar icebreaking and 
     fisheries enforcement missions in order to finance additional 
     drug interdiction activities. After development of the House 
     bill, the Coast Guard raised its estimated fiscal year 1999 
     funding for drug interdiction activities from $372,000,000 to 
     $440,000,000--an increase of $68,000,000 (18 percent) since 
     submission of the President's budget. The Coast Guard 
     believes this increased level can be accomplished without 
     lowering performance in other mission areas. With this 
     development, the conferees agree that it is no longer 
     necessary to reallocate funding from other missions.
       Channel marking, Timbalier and Terrebonne Bays, LA.--The 
     conferees direct the Coast Guard to provide adequate 
     navigational markings in the east-west channel from the Houma 
     Navigational Canal to the Havoline Canal in the vicinity of 
     Timbalier and Terrebonne bays, Louisiana to ensure the safe 
     and efficient navigation of maritime vessels. The conferees 
     understand that the existing buoy and lights placed by the 
     Coast Guard in this channel are insufficient. In addition, 
     the conferees expect the Coast Guard to work with the Army 
     Corps of Engineers to address the feasibility of upgrading 
     the channel over the long term.
       Container inspection program.--The DOT Inspector General 
     recently reported that the Coast Guard container inspection 
     program was failing to uniformly and aggressively utilize its 
     own targeting system to prioritize and select hazardous 
     material containers for inspection. The IG audit of ten 
     shipping terminals found that fully 68 percent of the 
     containers selected for inspection would have been identified 
     as low risk under the Coast Guard targeting system and should 
     not have been chosen for inspection. Indeed, the audit 
     revealed that Coast Guard inspectors regularly used 
     alternative methods that did not identify containers posing 
     the highest risks to human life, the safety of port areas, or 
     the environment. The conferees are concerned that the Coast 
     Guard's failure to abide by its own targeting criteria has 
     undermined the effectiveness of the container inspection 
     program and potentially compromised the safety of U.S. ports. 
     Accordingly, the conferees concur in the directive of the 
     Senate Committee regarding staffing of the container 
     inspection program and expect this action will serve to 
     rejuvenate this program. Toward that end, the conferees 
     direct the Commandant to submit a report to the House and 
     Senate Committees on Appropriations detailing the measures he 
     has taken to address the deficiencies cited in the IG audit. 
     This report shall also identify the location and rank of each 
     Coast Guard container inspector.
       Military health care.--The conferees are concerned about 
     the structure of the current health care delivery system for 
     service personnel and their dependents in remote or isolated 
     communities with higher than average health care costs. The 
     Coast Guard should explore additional means of assuring that 
     health care services are accessible for Coast Guard personnel 
     and their dependents at an out-of-pocket cost not 
     substantially in excess of that paid by Coast Guard personnel 
     and their dependents stationed in larger communities which 
     have health care costs closer to system-wide average medical 
     costs.
       Seasonal search and rescue facility, Southern Lake 
     Michigan.--The conference agreement directs the Commandant to 
     establish an additional seasonal search and rescue facility 
     on Southern Lake Michigan, to better serve the Chicago 
     metropolitan area and the surrounding environment. The 
     conferees understand that this will require the Coast Guard 
     to make arrangements to acquire, refurbish, or otherwise 
     obtain additional helicopter assets for this purpose. The 
     conferees understand that the Coast Guard has two damaged

[[Page H11476]]

     HH-65 helicopters which could potentially be refurbished to 
     serve this mission. The conference agreement directs the 
     Coast Guard not to close or downsize any other facility to 
     accommodate this additional seasonal capability. The Coast 
     Guard is further directed to study Illinois sites in the 
     Chicago metropolitan area, including Waukegan, Illinois, and 
     to submit a report to the Congress recommending a site from 
     within these options before proceeding.
       Reductions.--While some of the reductions in this bill are 
     due largely to budget constraints, others are due to 
     programmatic objections to the levels of funding proposed by 
     the Coast Guard for specific activities. This bill assumes 
     that additional funding for Coast Guard operations will be 
     provided for fiscal year 1999. None of these additional funds 
     may be used to augment funding in this bill for the following 
     items which are being reduced in this conference report:

        Activity                                              Reduction
Eliminate new officer billets...............................-$5,736,000
Non-operational travel.......................................-2,500,000

              Acquisition, Construction, and Improvements

       The conference agreement includes $395,465,000 for 
     acquisition, construction, and improvement programs of the 
     Coast Guard instead of $389,000,000 proposed by the House and 
     $426,173,000 proposed by the Senate. Consistent with past 
     years and the House and Senate bills, the conference 
     agreement distributes funds in the bill by budget activity.
       The bill assumes offsetting collections of $1,000,000 from 
     sale or lease of real property as proposed by the Senate 
     instead of $3,000,000 as proposed by the House.
       The bill includes the provision proposed by the Senate 
     which authorizes the Secretary to enter into a long-term 
     agreement with the City of Homer, Alaska for dedicated pier 
     space on the municipal dock for Coast Guard vessels.
       Roles and missions study.--The conferees agree to allow 
     funding for the operation of an advisory council on Coast 
     Guard roles and missions in fiscal year 1999, but direct that 
     those obligations be limited to not more than $1,000,000. The 
     House bill provided a like amount for a blue-ribbon panel; 
     the Senate bill deferred funding for any such panel until a 
     future fiscal year. The conferees are concerned about the 
     long-term affordability of recapitalizing the Coast Guard, 
     given the current and projected budget environment and the 
     current array of Coast Guard missions. The administration's 
     proposal to finance a portion of those capital improvements 
     with specific user fees this year was strongly denied by both 
     the House and Senate. This roles and missions process should 
     not be used to delay the deepwater capability replacement 
     program, which is only in the concept exploration and design 
     phase.
       A table showing the distribution of this appropriation by 
     project as included in the fiscal year 1999 budget estimate, 
     House bill, Senate bill, and the conference agreement 
     follows:

                          ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS FISCAL YEAR 1999                          
----------------------------------------------------------------------------------------------------------------
                                                           Fiscal year 1999--                                   
              Program name               ------------------------------------------------------    Conference   
                                              Estimate            House            Senate           agreement   
----------------------------------------------------------------------------------------------------------------
Vessels.................................      $269,573,000      $227,913,000      $234,553,000      $219,923,000
    Survey and design--cutters and boats           500,000           500,000           500,000           500,000
    Seagoing buoy tender (WLB)                                                                                  
     replacement........................       105,000,000        81,790,000        45,000,000        72,600,000
    Coastal buoy tender (WLM)                                                                                   
     replacement........................        31,000,000        27,000,000        31,000,000        27,000,000
    47-foot motor lifeboat (MLB)                                                                                
     replacement project................        20,800,000        20,800,000        20,800,000        20,800,000
    Buoy boat replacement project (BUSL)        11,773,000         7,073,000        11,773,000        11,773,000
    Polar icebreaker replacement follow-                                                                        
     on.................................         2,100,000         2,100,000         2,100,000         2,100,000
    Configuration management............         3,800,000         3,800,000         3,800,000         3,800,000
    Surface search radar replacement                                                                            
     project............................        12,900,000         8,450,000        12,900,000         8,450,000
    Polar class icebreaker reliability                                                                          
     improvement program................         6,100,000                 0         4,000,000                 0
    Barracuda coastal patrol boat (CPB).        37,600,000        47,600,000        37,600,000        37,600,000
    Mackinaw replacement................                 0         6,000,000         4,000,000         5,300,000
    Deepwater capability concept                                                                                
     exploration........................        28,000,000        20,000,000        28,000,000        20,000,000
    ATS-1 conversion....................        10,000,000         2,000,000        14,000,000        10,000,000
    Reactivate 2 T-AGOS vessels.........                 0         9,900,000                 0                 0
    Unobligated balance transfer........                 0        -9,100,000                 0                 0
    Drug interdiction assets............                 0                 0        19,080,000                 0
Aricraft................................        37,131,000        39,400,000        55,131,000        35,700,000
    HC-130 engine conversion............         9,941,000         4,100,000         9,941,000         4,100,000
    HH-65A helicopter kapton rewiring...         4,500,000         4,500,000         4,500,000         4,500,000
    HH-65A helicopter mission computer                                                                          
     replacement........................         3,000,000         3,000,000         3,000,000         3,000,000
    HH-65A engine control program.......                 0                 0         9,000,000         6,000,000
    Long range search aircraft                                                                                  
     capability preservation............         1,590,000                 0         1,590,000                 0
    HC-130 aircraft sensor upgrade......        11,000,000        11,000,000        11,000,000        11,000,000
    HU-25SLAR radar upgrade.............         2,500,000         2,500,000         2,500,000         2,500,000
    HU-25 A avionics improvements.......         3,500,000         3,500,000         3,500,000         3,500,000
    HH-60J navigation upgrade...........         1,100,000         1,100,000         1,100,000         1,100,000
    HU-25 engine overhaul...............                 0         9,100,000                 0                 0
    Low signature aircraft..............                 0         2,000,000                 0                 0
    Unobligated balance transfer (TCAS).                 0        -1,400,000                 0                 0
    Drug interdiction assets............                 0                 0         9,000,000                00
Other Equipment.........................        33,969,000        30,314,000        44,789,000        36,569,000
    Fleet logistics system..............         4,669,000         4,669,000         4,669,000         4,669,000
    Ports and waterways safety system                                                                           
     (PAWSS)............................         6,600,000         6,600,000         6,600,000         6,600,000
    Marine information for safety and                                                                           
     law enforcement (MISLE)............         6,100,000         4,100,000         4,000,000         4,100,000
    Aviation logistics management                                                                               
     information system (ALMIS).........         1,000,000                 0         1,000,000         1,000,000
    National distress system                                                                                    
     modernization......................         3,000,000         3,000,000         2,000,000         3,000,000
    Communication systems 2000..........         2,000,000         2,000,000         1,000,000         2,000,000
    Personnel MIS/Jt uniform military                                                                           
     pay system.........................         1,900,000         1,900,000         1,900,000         1,900,000
    Local notice to manners automation..         1,300,000         1,300,000         1,000,000         1,000,000
    Defense message system                                                                                      
     implementation.....................           800,000           800,000           800,000           800,000
    Differential GPS....................         2,600,000                 0         9,520,000         7,500,000
    Commercial satellite communications.         4,000,000         4,000,000         4,000,000         4,000,000
    Drug interdiction sensors, cutter or                                                                        
     aircraft...........................                 0         9,000,000                 0                 0
    Unobligated balance transfer........                 0        -7,055,000                 0                 0
    Drug interdiction assets............                 0                 0         9,400,000                 0
Shore Facilities and Aids to Navigation.        53,650,000        42,923,000        43,250,000        54,823,000
    Survey and design--shore projects...         5,000,000         5,000,000         5,000,000         5,000,000
    Minor AC&I shore construction                                                                               
     projects...........................         6,000,000         6,000,000         6,000,000         6,000,000
    Public family quarters..............        18,600,000         2,300,000         5,000,000         9,000,000
    Waterways ATON projects.............         5,000,000         4.073,000         5,000,000         4,073,000
    Group/Station New Orleans, LA--                                                                             
     relocation.........................                 0         4,000,000                 0         4,000,000
    Air Station Cape Cod, MA-replace                                                                            
     electric distribution system.......         1,500,000         1,500,000         1,500,000         1,500,000
    Air Station Miami, FL-renovate fixed                                                                        
     wing hanger........................         7,100,000         3,600,000         7,100,000         3,600,000
    ISC Boston, MA-waterfront                                                                                   
     rehabilitation.....................         2,100,000         2,100,000         2,100,000         2,100,000
    Station Oswego-47' MLB improvements.         1,450,000         1,450,000         1,450,000         1,450,000
    Station Neah Bay-waterfront                                                                                 
     renovation.........................         3,000,000         3,000,000         3,000,000         3,000,000
    Station Cape Disappointment-47' MLB                                                                         
     improvements.......................         1,700,000         1,700,000         1,700,000         1,700,000
    Coast Guard training infrastructure-                                                                        
     optimize...........................         2,200,000         2,200,000         2,200,000         2,200,000
    Capitalizable projects..............                 0         8,000,000                 0         8,000,000
    Asset sales.........................                 0        -2,000,000                 0                 0
    Station Dauphin Island..............                 0                 0         3,200,000         3,200,000
Personnel and Related Support...........        48,450,000        48,450,000        48,450,000        48,450,000
    Personnel and related support.......                                                                        
    Direct personnel costs..............        47,700,000        47,700,000        47,700,000        47,700,000
    Core acquisition costs..............           750,000           750,000           750,000           750,000
                                         -----------------------------------------------------------------------
      Total gross appropriation.........       442,773,000       389,000,000       426,173,000       395,465,000
----------------------------------------------------------------------------------------------------------------

       Seagoing buoy tender.--The conference agreement provides 
     $72,600,000 for construction of two new seagoing buoy tenders 
     (WLBs) and standardization of prior vessels, which includes a 
     reduction of $1,000,000 in Coast Guard administrative costs. 
     The WLB program has been subject to vascillating vessel cost. 
     Therefore, the Coast Guard is directed to aggressively manage 
     this program

[[Page H11477]]

     to take full advantage of the new procurement award. The 
     conferees anticipate that, due to the maturity of the 
     program, there should be few--if any--change orders for the 
     balance of the vessel procurement.
       Group/Station New Orleans.--The conferees agree to provide 
     $4,000,000 for this project, as proposed by the House. Of 
     these funds, the conferees direct that $2,500,000 is only to 
     improve the condition of the waterway adjoining the 
     relocation site.
       Mackinaw replacement program.--The conferees agree that the 
     Congressionally directed study on this program is to be 
     submitted by January 1, 1999, as proposed by the House.

                Environmental Compliance and Restoration

       The conference agreement includes $21,000,000 for 
     environmental compliance, as proposed by both the House and 
     the Senate.

                         Alteration of Bridges

       The conference agreement includes $14,000,000 for 
     alteration of bridges instead of $12,000,000 proposed by the 
     House and $20,000,000 proposed by the Senate. The conference 
     agreement distributes these funds as follows:

Bridge and location:                               Conference agreement
  New Orleans, LA, Florida Avenue RR/HW Bridge...............$7,000,000
  Brunswick, GA, Sidney Lanier HW Bridge......................5,000,000
  Charleston, SC, Limehouse Bridge............................1,000,000
  Boston, MA, Chelsea Street Bridge...........................1,000,000
                                                       ________________
                                                       
    Total....................................................14,000,000

       Florida Avenue Bridge.---The conferees agree to provide 
     $7,000,000 for this project, and direct that $300,000 of this 
     funding shall be made available to the Port of New Orleans to 
     cover the federal portion of a study of the feasibility of 
     development of the Millennium Port in south Louisiana.

                              Retired Pay

       The conference agreement includes $684,000,000 for Coast 
     Guard retired pay, as recommended by both the House and the 
     Senate.

                            Reserve Training


                     (Including Transfer of Funds)

       The conference agreement provides $69,000,000 for reserve 
     training as proposed by the House instead of $67,000,000 as 
     proposed by the Senate. The agreement also includes a 
     provision restricting the assessment of direct charges on the 
     reserves, as proposed by the House.

              Research, Development, Test, and Evaluation

       The conference agreement provides $12,000,000 for Coast 
     Guard research, development, test, and evaluation as proposed 
     by the House instead of $17,461,000 as proposed by the 
     Senate. The agreement includes language proposed by the House 
     stipulating that funds received from non-federal sources may 
     be credited to ``and used for the purposes of'' this 
     appropriation. The conference agreement assumes that an 
     additional $5,000,000 will be provided for fiscal year 1999.

                    Federal Aviation Administration


                               Operations

       The conference agreement provides $5,562,558,000 for 
     operating expenses of the Federal Aviation Administration 
     instead of $5,532,558,000 as proposed by the House and 
     $5,538,259,000 as proposed by the Senate. These funds are in 
     addition to amounts made available as a mandatory 
     appropriation of user fees in the Federal Aviation 
     Administration Reauthorization Act of 1996 (Public Law 104-
     264). However, due to agency delays in addressing legal 
     concerns over the proposed fees, the FAA is not expected to 
     realize any income from this source during fiscal year 1999. 
     Of the total amount provided, $4,112,174,000 is to be derived 
     from the airport and airway trust fund.
       Contract tower cost-sharing program.--The conferees agree 
     to the proposal of the Senate which allocates $6,000,000 for 
     the contract tower cost-sharing program.
       Transportation administrative service center limitation.--
     The conference agreement includes the limit of $28,600,000 on 
     FAA's fiscal year 1999 contribution to the transportation 
     administrative service center (TASC) proposed by the House.
       Multiyear leases.--The conference agreement includes, with 
     modification, a provision proposed by the House which 
     provides certain restrictions on multiyear leases signed by 
     the FAA. The final bill restricts funds for leases five years 
     or longer in term; the House bill had proposed such 
     restrictions on leases three years or longer.
       Contribution to essential air service program.--The 
     conference agreement deletes language proposed by the House 
     which would have prohibited the FAA from transferring funds 
     to the essential air service (EAS) and rural airport program 
     from the agency's operating account in the event of a 
     shortfall in overflight user fee collections. Current law 
     stipulates that the FAA must pay these costs if a shortfall 
     in collections would cause funding to drop below $50,000,000 
     for the EAS program.
       Satellite leases.--The conference agreement includes 
     language proposed by the House requiring a certification from 
     the FAA Administrator before signing a lease for satellite 
     services for the wide area augmentation system.
       The following table compares the conference agreement to 
     the levels proposed in the House and Senate bills by budget 
     activity:

                              FAA OPERATIONS FISCAL YEAR 1999 CONFERENCE AGREEMENT                              
----------------------------------------------------------------------------------------------------------------
                                                                House              Senate          Conference   
----------------------------------------------------------------------------------------------------------------
Air Traffic Services:                                                                                           
    Budget estimate.....................................    $4,380,866,000      4,380,866,000     $4,380,966,000
    Adjustments to budget estimate:                                                                             
        Air traffic-NAS handoff.........................        -4,600,000                  0         -4,600,000
        Air traffic-aeronautical charting...............                 0         -2,500,000                   
        Air traffic-annualize FY98 hires................        -5,000,000                  0         -5,000,000
        Air traffic--MARC...............................        +1,700,000                  0         +1,700,000
        Systems maintenance.............................       +12,584,000        -10,000,000         +5,000,000
        Leased telecomm--reduction......................        -5,000,000                  0         -5,000,000
        Leased telecomm--WAAS...........................       -22,700,000                  0        -22,700,000
        Leased telecomm--LAAS...........................          -675,000                  0           -675,000
        General reduction...............................                 0        -62,100,000                  0
        Contract tower cost sharing.....................                 0         +6,000,000         +6,000,000
        Technical noise assistance grant................                 0           +100,000           +100,000
        National airspace redesign......................                 0        +11,000,000                  0
                                                         -------------------------------------------------------
      Amount recommended................................     4,352,175,000      4,325,866,000      4,353,191,000
                                                         =======================================================
Aviation Regulation/Certification:                                                                              
    Budget estimate.....................................       636,027,000        636,027,000        636,027,000
    Adjustments to budget estimate:                                                                             
        Flight stds--new staffing.......................          -425,000                  0           -425,000
        Flight stds--av. safety pgm.....................          +500,000                  0           +500,000
        Rulemaking--FY98 level..........................          -684,000                  0           -684,000
        General reduction...............................                 0        -11,148,000         -5,000,000
                                                         -------------------------------------------------------
      Amount recommended................................       635,418,000        624,879,000        630,418,000
                                                         =======================================================
Aviation Security:                                                                                              
    Budget estimate.....................................       128,821,000        128,821,000        128,821,000
    Adjustments to budget estimate:                                                                             
        Provide smaller increase........................                 0        -17,392,000         -6,180,000
                                                         -------------------------------------------------------
      Amount recommended................................       128,821,000        111,429,000        122,641,000
                                                         =======================================================
Research and Acquisition:                                                                                       
    Budget estimate.....................................        94,202,000         94,202,000         94,202,000
    Adjustments to budget estimate                                                                              
        Hold to FY98 level..............................        -1,862,000         -1,862,000         -1,862,000
                                                         -------------------------------------------------------
      Amount recommended................................        92,340,000         92,340,000         92,340,000
                                                         =======================================================
Administration of Airports:                                                                                     
    Budget estimate.....................................        49,854,000         49,954,000         49,854,000
    Adjustment to budget estimate:                                                                              
        DOT-wide grants mgmt syst.......................          -300,000                  0           -300,000
        Hold to FY98 level..............................                 0         -1,963,000         -1,000,000
                                                         -------------------------------------------------------
      Amount recommended................................        49,554,000         47,891,000         48,554,000
                                                         =======================================================

[[Page H11478]]

                                                                                                                
Comm. Space Transportation:                                                                                     
    Budget estimate.....................................         6,275,000          6,275,000          6,275,000
    Adjustments to budget estimate:                                                                             
        Hold to FY98 level..............................                 0           -107,000           -107,000
                                                         -------------------------------------------------------
      Amount recommended................................         6,275,000          6,168,000          6,168,000
                                                         =======================================================
Administration:                                                                                                 
    Budget estimate.....................................       259,014,000        259,014,000        259,014,000
    Adjustments to budget estimate:                                                                             
        Washington flight program.......................          -649,000                  0                  0
        Hold to FY98 level..............................                 0         -2,521,000         -1,500,000
                                                         -------------------------------------------------------
      Amount recommended................................       258,365,000        256,493,000        257,514,000
                                                         =======================================================
Staff Offices:                                                                                                  
    Budget estimate.....................................        76,071,000         76,071,000         76,071,000
    Adjustments to budget estimate:                                                                             
        Office of safety assessment.....................        +1,000,000                  0         +1,000,000
        Hold to FY98 level..............................                 0         -2,878,000           -878,000
                                                         -------------------------------------------------------
      Amount recommended................................        77,071,000         73,193,000         76,193,000
                                                         =======================================================
Account-Wide Adjustments:                                                                                       
    Advisory and assistance svs.........................          -179,000                  0           -179,000
    TASC................................................        -2,000,000                  0         -2,000,000
    Contractual studies.................................        -1,000,000                  0         -1,000,000
    Acquisition staffing................................       -17,440,000                  0        -17,440,000
    Offset, misc user fees..............................        -3,842,000                  0         -3,842,000
                                                         -------------------------------------------------------
      Amount recommended................................       -24,461,000                  0        -24,461,000
                                                         =======================================================
Total appropriation.....................................     5,575,558,000      5,538,259,000      5,562,558,000
    (Appropriation in this bill)........................    (5,532,558,000)    (5,538,259,000)   (5,562,558,000)
                                                         -------------------------------------------------------
    (Mandatory user fees)...............................       (43,000,000)  .................  ................
----------------------------------------------------------------------------------------------------------------

       Aircraft firefighting training.--The conferees do not agree 
     with Senate direction allocating $1,500,000 for aircraft 
     firefighting training at the Rocky Mountain Emergency 
     Services Training Center.
       Technical noise assistance.--The conference agreement 
     directs that the $100,000 provided to a local citizens group 
     to retain the services of a technical expert in order to 
     facilitate the involvement of local citizens during the FAA's 
     airspace redesign effort shall go to the New Jersey Citizens 
     for Environmental Research.
       Contract tower program.--The conferees do not agree with 
     Senate direction requiring the establishment of an air 
     traffic control tower in Salisbury, Maryland. However, it is 
     the conferees' understanding that the contract towers listed 
     in the Senate report, including Salisbury, Maryland, are 
     eligible for the existing contract tower program or for the 
     new cost-sharing element of this program and should receive 
     consideration for funding. In addition, the conferees 
     understand that Phoenix Goodyear Airport in Arizona, Waukesha 
     County Airport in Wisconsin, and Sugarland Airport in Texas 
     are eligible for these programs and should also receive 
     consideration for funding.
       The conferees note that the FAA contract tower program was 
     recently validated by the DOT Inspector General as a cost-
     effective way to enhance aviation safety. The conferees 
     direct the FAA to fully fund the base contract tower program 
     at the level requested. Furthermore, the FAA is directed to 
     conduct a study of extending the contract tower program to 
     existing air traffic control towers without radar capability. 
     The study should identify potential cost savings and other 
     benefits, including the positive impact on controller 
     staffing at busier FAA air traffic facilities. The FAA 
     Administrator should provide this study to the House and 
     Senate Committees on Appropriations within 90 days after 
     enactment of this Act. This study should include a plan and 
     timeline for expanding the contract tower program to these 
     facilities by the year 2000.
       Air traffic controller training.--The conference agreement 
     includes $40,438,000 for air traffic controller training, 
     including $15,500,000 for the controller training contract 
     and $24,938,000 for technical training at the FAA Academy in 
     Oklahoma. The FAA is directed not to reprogram any of these 
     funds without prior Congressional approval.
       Airspace redesign.--The conference agreement includes 
     $3,000,000 specifically for the redesign of the New York/New 
     Jersey metropolitan airspace. The agreement also concurs in 
     the directive of the Senate concerning quarterly reports on 
     initiatives to minimize delays at Newark International 
     Airport.
       Fort Sill/Lawton, OK air traffic control tower.--The 
     conferees note that the Army has announced its intention to 
     discontinue operation of the Fort Sill ARAC at Henry Post 
     Army Airfield in Lawton, Oklahoma. Funding is provided within 
     the recommended level to continue the operation of the Fort 
     Sill ARAC until such time as the staff study to determine the 
     most cost-effective method of continuing air traffic services 
     is concluded. The Administrator should consult with the House 
     and Senate Committees on Appropriations on alternatives for 
     continuing the necessary air traffic services provided by the 
     Fort Sill ARAC before implementing any modifications to the 
     current operations.
       Secret Service.--The conferees reiterate the concern 
     expressed in the Senate report about the relative treatment 
     of Secret Service agents in the pending policy guidelines 
     regarding the authority of law enforcement officials to carry 
     weapons aboard aircraft. Special agents and officers of the 
     Secret Service should be included among those law enforcement 
     officers with the most unrestricted access within any 
     guidelines in this regard. The FAA has recently indicated 
     that the proposed policy guidelines have been revised 
     consistent with the guidance provided in the Senate report.
       MARC.--The conferees direct the FAA to continue the current 
     contractual relationship with the Mid-America Aviation 
     Resource Consortium, as proposed by the House. In addition, 
     funding of $1,700,000 is provided in the bill, as proposed by 
     the House.
       University-based center for training.--The conferees do not 
     agree with Senate direction requiring the establishment of a 
     university-based center for training, academics and research.
       New York/New Jersey controller pay.--The conference 
     agreement recognizes that an agreement has been reached 
     between the FAA and the National Air Traffic Controllers 
     Association to re-classify the compensation structure for air 
     traffic controllers nationwide. However, the agreement as 
     currently structured will create a pay gap between 
     controllers serving the three major towers in the New York/
     New Jersey metropolitan region--Newark International Airport, 
     Kennedy Airport, and LaGuardia Airport--and the New York 
     TRACON and the New York en route center. Controllers could 
     rapidly leave the towers seeking higher wages at the TRACON 
     and the center. Indeed, history has shown that such 
     controller migration is a recurring problem in the region. 
     The FAA may not be able to attract and retain the most 
     qualified and seasoned controllers to serve the towers in 
     this busy region. The conference agreement directs the 
     Administrator to submit a report by April 1, 1999, proposing 
     a plan to minimize this pay disparity using financial 
     incentives and other tools as well as exploring other 
     options, including those within the existing pay agreement, 
     to ensure that there will be adequate staffing of well 
     experienced controllers at the towers. In preparing this 
     plan, the Administrator must consult with the air traffic 
     controllers serving the New York/New Jersey metropolitan 
     region.

                        Facilities and Equipment


                    (Airport and Airway Trust Fund)

       The conference agreement provides $1,900,000,000 for 
     facilities and equipment instead of $2,000,000,000 as 
     proposed by the House and $2,044,683,269 as proposed by the 
     Senate. The bill provides that funds for programs in budget 
     activities one through four have an obligational availability 
     of three years and funds for programs in budget activity five 
     are available for two years, as proposed by the House. The 
     Senate bill made the entire appropriation available for three 
     years. The conference agreement assumes that an additional 
     $100,000,000 will be provided for fiscal year 1999.
       Explosive detection systems.--The agreement modifies 
     language proposed by the House prohibiting the obligation of 
     funds for explosive detection systems until thirty days after 
     the FAA Administrator makes certain certifications regarding 
     the use of, and funding for, these systems. The modification 
     covers funds provided in this Act or any other appropriations 
     Act for fiscal year 1999.

[[Page H11479]]

       Instrument landing system, Louisville Standiford Field.--
     The agreement deletes language proposed by the House which 
     would have reimbursed the sponsor of Louisville Standiford 
     Field for costs relating to acquisition of an instrument 
     landing system. The conferees understand that FAA has now 
     reimbursed the sponsor out of other available funds.
       Outlay cap.--The conference agreement deletes the 
     provisions proposed by the Senate which would have limited 
     outlays under this account during fiscal year 1999, specified 
     penalties for violations of such cap, and required monthly 
     reports on compliance.
       Wide area augmentation system.--The conference agreement 
     modifies language proposed by the Senate on the GPS wide area 
     augmentation system (WAAS). The proponents of this system 
     have argued vigorously that restrictions imposed in the 
     Senate bill would cause the termination of this development 
     program--an outcome not desired at this time by either the 
     House or Senate. Therefore, the conference agreement provides 
     total funding of $85,000,000 to continue the WAAS program.
       However, those proponents have not been able to provide 
     compelling assurances that this program will be cost-
     effective beyond the initial phase, which is expected to 
     become operational early next year. The serious and 
     persistent technical concerns expressed in both the House and 
     Senate reports await resolution by the FAA at an unknown cost 
     and in an unknown timeframe. Because of these concerns, and 
     the need to fund other critical FAA programs in the near 
     term, the agreement includes a provision which prohibits the 
     use of funds under the ``Next generation navigation systems'' 
     program for any WAAS activities beyond phase I. The conferees 
     intend for FAA to take a ``time out'' at this point to 
     reassess the justification for the program beyond phase one. 
     The FAA has also expressed some interest in taking a ``time 
     out'' before proceeding to further phases in this program.
       FAA has not appropriately or fairly considered all 
     technology combinations for next generation navigation and 
     landing systems. The extant WAAS benefit-cost study assumes 
     costs for competing systems which may no longer be valid, 
     while benefits for WAAS technology may be overstated. 
     Congress will be unable to adequately judge the need for 
     future appropriations for the wide-area and local-area 
     augmentation systems (WAAS and LAAS, respectively) until FAA 
     completes an up-to-date alternatives analysis which looks at 
     various combinations of existing and new, ground-based and 
     satellite-based technologies.
       The following table provides a breakdown of the House and 
     Senate bills and the conference agreement by program:

                                   FACILITIES AND EQUIPMENT--FISCAL YEAR 1999                                   
                                            [In thousands of dollars]                                           
----------------------------------------------------------------------------------------------------------------
                                                  FY 1999                                           Conference  
                    Title                         estimate        House bill      Senate bill       agreement   
----------------------------------------------------------------------------------------------------------------
Engieering development, test and evaluation:                                                                    
Advanced technology development and                                                                             
 prototyping................................    [135,857,000]         45,857.0  ...............         52,566.0
                                             -------------------------------------------------------------------
    Subtotal--ADV Dev/prototyping...........    [135,857,000]         45,857.0  ...............         52,566.0
                                             ===================================================================
Aviation weather services improvements......         26,300.0         26,300.0         26,300.0         26,300.0
En route automation.........................        118,000.0  ...............        113,000.0  ...............
Oceanic automation system...................         13,700.0  ...............          3,237.0  ...............
Aeronautical data link (ADL) applications...         16,500.0  ...............         23,000.0         39,000.0
Next generation VHF A/G communication system            500.0  ...............          4,706.0  ...............
Air traffic management (ATM)................         47,800.0  ...............         64,300.0         51,200.0
Conflict probe..............................       [46,000.0]  ...............  ...............         41,000.0
Host replacement............................       [72,000.0]  ...............  ...............         20,000.0
Traffic flow management.....................  ...............  ...............          3,287.0  ...............
                                             -------------------------------------------------------------------
    Subtotal--En Route Programs.............        222,800.0         26,300.0        237,830.0        177,500.0
                                             ===================================================================
Terminal digital radar (ASR-11).............  ...............  ...............  ...............  ...............
Terminal automation (START).................         74,700.0         74,700.0         74,700.0         99,200.0
Free flight phase I.........................         39,200.0        168,200.0  ...............  ...............
Runway incursion reduction..................  ...............  ...............          9,168.0  ...............
Airport technology..........................  ...............  ...............          5,000.0  ...............
                                             -------------------------------------------------------------------
    Subtotal--Terminal Programs.............        113,900.0        242,900.0         88,868.0         99,200.0
                                             ===================================================================
Local area augmentation system for GPS                                                                          
 (LAAS).....................................          6,500.0  ...............          6,500.0  ...............
Wide area augmentation system (WAAS)........        101,500.0  ...............        117,500.0  ...............
Next generation navigation systems..........  ...............        129,875.0  ...............         92,000.0
Next generation landing systems.............  ...............  ...............  ...............         34,175.0
Navigation and surveillance.................  ...............  ...............         13,285.0  ...............
Loran-C upgrades............................  ...............  ...............         10,000.0  ...............
                                             -------------------------------------------------------------------
    Subtotal--Landing/NAVAIDS...............        108,000.0        129,875.0        147,285.0        126,175.0
                                             ===================================================================
FAA technical center facility--building                                                                         
 lease......................................          5,290.0          5,290.0          5,290.0          5,290.0
NAS improvement of system support laboratory          2,000.0          2,000.0          2,000.0          2,000.0
Technical center facilities.................          7,000.0          7,000.0          7,000.0          7,000.0
Independent operational test support........          3,500.0          3,500.0          3,500.0          3,500.0
                                             -------------------------------------------------------------------
    Subtotal--RDT and E Equipment and                                                                           
     Facilities.............................         17,790.0         17,790.0         17,790.0         17,790.0
                                             ===================================================================
        Total Activity 1....................        462,490.0        462,722.0        491,773.0        473,231.0
                                             ===================================================================
Air traffic control facilities and                                                                              
 equipment:                                                                                                     
Long range radar (LRR) program--replace/                                                                        
 establish..................................          5,700.0          5,700.0          5,700.0          5,700.0
En route automation.........................        195,300.0        166,700.0        196,400.0        194,692.4
Next generation weather radar (NEXRAD)......          4,900.0          4,900.0          4,900.0          4,900.0
Air traffic operations management...........          1,000.0          1,000.0          1,000.0          1,000.0
Weather and radar processor (WARP)..........         20,000.0  ...............         22,200.0         20,000.0
Aeronautical data link (ADL) applications...            600.0            600.0            600.0            600.0
ARTCC building improvements/plant                                                                               
 improvements...............................         63,931.6         49,800.0         63,931.6         54,000.0
Voice switching and control system (VSCS)...         14,500.0          7,500.0         12,500.0         10,000.0
Air traffic management......................         44,600.0         29,403.3         47,600.0         35,000.0
Critical communications support.............          1,850.0          1,850.0          1,850.0          1,850.0
DOD base closure--facility transfer.........          1,000.0          1,000.0          1,000.0          1,000.0
Back-up emergency communications (BUEC).....          8,500.0          8,500.0          8,500.0          8,500.0
Air/ground communication RFI elimination....          1,600.0          1,600.0          1,600.0          1,600.0
Volcano monitor.............................  ...............  ...............          2,000.0          2,000.0
ATC beacon interrogator (ATCBI) replacement.         14,800.0         14,800.0         14,800.0         14,800.0
ATC en route radar facilities...............          4,100.0          4,100.0          5,300.0          4,100.0
En route comms and control facilities                                                                           
 improvement................................          3,126.7          3,126.7          2,000.0          2,000.0
                                             -------------------------------------------------------------------
    Subtotal--En route programs.............        385,508.3        300,580.0        391,881.6        361,742.4
                                             ===================================================================
Terminal Doppler weather radar (TDWR)--                                                                         
 provide....................................          4,300.0          4,300.0          1,800.0          4,300.0
Terminal automation.........................        135,300.0        121,600.0        135,300.0        100,000.0
Terminal air traffic control facilities--                                                                       
 replace....................................         82,300.0         58,725.0         82,300.0         63,625.0
Control tower/tracon facilities--improve....         17,722.3         17,722.2         22,722.3         17,722.2
Terminal voice switch replacement (TVSR)/                                                                       
 ETVS.......................................         11,500.0          9,000.0         10,300.0         10,300.0
Employee safety/OSHA and environmental                                                                          
 compliances................................         22,000.0         22,000.0         22,000.0         22,000.0
Chicago Metroplex...........................            500.0  ...............            500.0  ...............
New Austin Airport at Bergstrom.............          2,500.0          2,500.0          2,500.0          2,500.0
Potomac Metroplex...........................         11,900.0         11,900.0  ...............  ...............
Denver Metroplex............................  ...............  ...............  ...............  ...............
Northern California Metroplex...............         27,600.0         21,700.0         17,900.0         17,900.0
Atlanta Metroplex...........................         18,200.0         18,200.0         12,200.0         15,000.0
NAS infrastructure management system (NIMS).         22,000.0         18,000.0         22,000.0         20,000.0
Airport surveillance radar (ASR-9)..........          6,300.0          2,500.0          6,300.0          5,000.0

[[Page H11480]]

                                                                                                                
Airport surface detection equipment (ASDE-3)          5,600.0          5,600.0          5,600.0          5,600.0
Airport movement area safety system (AMASS).          9,800.0          9,800.0          9,800.0          9,800.0
Voice Recorder Replacement Program..........          3,000.0          3,000.0          3,000.0          3,000.0
Terminal facilities integration.............          5,600.0  ...............  ...............  ...............
Terminal digital radar (ASR-11).............         66,100.0         62,200.0         76,100.0         62,200.0
Weather systems processor...................         16,100.0         13,200.0         11,900.0         11,900.0
DOD/FAA ATC facilities transfer.............          3,600.0          3,600.0          1,000.0          1,000.0
Precision runway monitors...................          3,300.0          3,300.0          3,300.0          3,300.0
Terminal radar (ASR)--improve...............          2,773.4          2,773.4          2,773.4          2,773.4
Terminal communications improvements........          1,119.8          1,119.8          1,119.8          1,119.8
                                             -------------------------------------------------------------------
    Subtotal--terminal programs.............        479,115.5        412,740.4        450,415.5        379,040.4
                                             ===================================================================
Automated surface observing system (ASOS)...          9,900.0          9,900.0         20,977.0          9,900.0
Oasis.......................................         25,500.0         22,500.0         16,000.0         19,250.0
Flight service facilities improvement.......          1,364.4          1,364.4          1,364.4          1,364.4
Flight service station modernization........          1,000.0          2,000.0          1,000.0          2,000.0
                                             -------------------------------------------------------------------
    Subtotal--flight service programs.......         37,764.4         35,764.4         39,341.4         32,514.4
                                             ===================================================================
VOR/DME/TACAN network plan..................          1,000.0          4,700.0          1,000.0          4,700.0
Instrument landing system (ILS)--Establish/                                                                     
 upgrade....................................          8,000.0         16,500.0         18,000.0  ...............
ILS--replace Mark 1A, 1B, and 1C............          2,100.0          2,100.0          2,100.0          2,100.0
Low level windshear alert system (LLWAS)....          3,000.0          3,000.0          3,000.0          3,000.0
Runway visual range (RVR)...................          2,000.0          2,000.0          2,000.0          2,000.0
Gulf of Mexico Offshore Program.............          2,400.0          2,400.0          2,400.0          2,400.0
Wide area augmentation system (WAAS)........         16,000.0  ...............  ...............  ...............
NDB sustain.................................          1,000.0          1,000.0          1,000.0          1,000.0
Navigational and landing aids--improve......          2,761.8          2,000.0          8,761.8          2,761.8
Approach lighting system improvement (ALSIP)          1,000.0          6,000.0          2,500.0          5,000.0
Precision approach path indicators (PAPI)...  ...............          3,000.0  ...............          2,500.0
Distance measuring equipment................          1,200.0          1,200.0          1,200.0          1,200.0
Visual NAVAIDS..............................            400.0            400.0            400.0            400.0
Tactical landing systems....................  ...............  ...............          3,000.0          3,000.0
                                             -------------------------------------------------------------------
    Subtotal--Landing and navigational aids.         40,861.8         44,300.0         45,361.8         30,061.8
                                             ===================================================================
Alaskan NAS interfacility comm system                                                                           
 (ANICS)....................................          3,500.0          3,500.0          6,000.0          3,500.0
Fuel storage tank replacement and monitoring         10,600.0         10,600.0         10,600.0         10.600.0
FAA buildings and equipment--improve/                                                                           
 modernize..................................          5,000.0          5,000.0          4,000.0          4,000.0
Electrical power systems--sustain/support...         20,400.0         20,400.0         15,000.0         17,500.0
Air NAVAIDS and ATC facilities (local                                                                           
 projects)..................................          2,000.0          2,000.0          2,000.0          2,000.0
Aircraft related equipment program..........          3,900.0          3,900.0          2,000.0          2,000.0
Computer aided eng graphics (CAEG)                                                                              
 replacement................................          1,000.0          1,000.0          1,000.0          1,000.0
                                             -------------------------------------------------------------------
    Subtotal--other ATC facilities..........         46,400.0         46,400.0         40,600.0         40,600.0
                                             ===================================================================
        Total activity 2....................        989,650.0        837,784.8        967,600.3        843,959.0
                                             ===================================================================
Non-ATC facilities and equipment:                                                                               
NAS Management Automation Program (NASMAP)..            800.0            800.0            800.0            800.0
Hazardous materials management..............         17,000.0         17,000.0         17,000.0         17,000.0
Aviation safety analysis system (ASAS)......         11,600.0         11,600.0         11,600.0         11,600.0
Operational data management system (ODMS)...          1,200.0          1,200.0          1,000.0          1,000.0
FAA employee housing--provide...............          8,000.0          8,000.0          8,000.0          8,000.0
Logistics support system and facilities.....          2,300.0          2,300.0          2,300.0          2,300.0
Test equipment--maintenance support.........            500.0            500.0            500.0            500.0
Integrated flight quality assurance.........          3,000.0          3,000.0          3,000.0          3,000.0
Safety performance analysis subsystem (SPAS)          3,500.0          3,500.0          3,500.0          3,500.0
National aviation safety data center........          1,800.0          1,800.0          1,800.0          1,800.0
Performance enhancement system..............          9,700.0          9,700.0          9,700.0          9,700.0
Explosive detection systems.................        100,000.0        100,000.0  ...............  ...............
Facility security risk management...........          1,000.0          1,000.0          1,000.0          1,000.0
Information security........................          2,000.0          7,000.0          2,000.0          4,000.0
                                             -------------------------------------------------------------------
    Subtotal--support equipment.............        162,400.0        167,400.0         62,200.0         64,200.0
                                             ===================================================================
Aeronautical center training and support                                                                        
 facilities.................................         12,000.0         12,000.0         12,000.0         12,000.0
National airspace system (NAS) training                                                                         
 facilities.................................            400.0            400.0            400.0            400.0
DSR training simulator (MARC)...............  ...............          4,000.0  ...............          4,000.0
                                             -------------------------------------------------------------------
    Subtotal--training equipment and                                                                            
     facilities.............................         12,400.0         16,400.0         12,400.0         16,400.0
                                             ===================================================================
        Total activity 3....................        174,800.0        183,800.0         74,600.0         80,600.0
                                             ===================================================================
Mission support:                                                                                                
System engineering and development support..         29,800.0         29,800.0         28,960.0         28,960.0
Program support leases......................         29,100.0         29,100.0         27,500.0         27,500.0
Logistics support services..................          5,600.0          5,600.0          5,600.0          5,600.0
Mike Monroney Aeronautical Center--lease....         14,800.0         14.800.0         14.800.0         14.800.0
In-plant NAS contract support services......          2,000.0          2,000.0          2,000.0          2,000.0
Transition engineering support..............         41,800.0         41,800.0         41,800.0         41,800.0
Frequency and spectrum engineering--provide.          2,700.0          2,700.0          1,500.0          1,500.0
Permanent change of station moves...........          3,500.0          3,500.0          2,500.0          2,500.0
FAA system architecture.....................          1,000.0          1,000.0          2,000.0          1,000.0
Technical services support contract (TSSC)..         47,550.0         47,550.0         47,550.0         47,550.0
Resource tracking program...................            500.0          1,000.0            500.0            500.0
Center for advanced aviation system dev.                                                                        
 (MITRE)....................................         57,000.0         64,093.2         57,000.0         57,000.0
Y2K computer issues.........................         36,000.0         21,600.0         36,000.0         25,000.0
Support contracts--general..................         -1,500.0         -1,500.0  ...............         -1,500.0
NAS modernization integration...............  ...............  ...............          8,000.0  ...............
                                             -------------------------------------------------------------------
    Total activity 4........................        269,850.0        263.043.2        275,710.0        254,210.0
                                             ===================================================================
Personnel and related expenses:                                                                                 
Personnel and related expenses..............        233,210.0        250,650.0        235.000.0        248,000.0
                                             -------------------------------------------------------------------
    Total activity 5........................        233,210.0        250,550.0        235.000.0        248,000.0
                                             ===================================================================
        Total...............................      2,130,000.0      2,000,000.0      2,044,683.3      1,900,000.0
----------------------------------------------------------------------------------------------------------------

       Advanced technology development and prototyping.--The 
     conference agreement includes $52,566,000 for advanced 
     technology development and prototyping, to be distributed as 
     follows:

[[Page H11481]]



----------------------------------------------------------------------------------------------------------------
                                                                                                    Conference  
                   Project                    Budget estimate     House bill      Senate bill       agreement   
----------------------------------------------------------------------------------------------------------------
Capacity and ATM technology:                                                                                    
    Air traffic management technology.......        3,287,000        3,287,000        3,287,000        3,287,000
    Oceanic automation program..............        3,237,000        3,237,000        3,237,000        3,237,000
    Runway incursion reduction..............        3,168,000        3,168,000        9,168,000        3,168,000
    System capacity, planning & imps........        4,044,000        4,044,000        7,000,000        3,000,000
    Cockpit technology......................        1,642,000        1,642,000        1,000,000        1,000,000
    General aviation/vertical flt tech......        2,902,000        2,902,000        2,902,000        2,902,000
    Flight 2000.............................       90,000,000  ...............  ...............  ...............
    Operations concept validation...........        6,818,000        6,818,000        6,818,000        6,818,000
    Software engineering R&D................        1,605,000        1,605,000        1,000,000        1,000,000
Communications, navigation and surveillance:                                                                    
    Communications..........................        5,869,000        5,869,000        5,869,000        5,869,000
    Navigation..............................        8,995,000        8,995,000        8,995,000       12,995,000
    Surveillance............................        4,290,000        4,290,000        4,290,000        4,290,000
    Airport technology......................        7,383,000        7,215,000        5,000,000        5,000,000
                                             -------------------------------------------------------------------
      Total.................................      143,240,000       53,072,000       58,566,000       52,566,000
----------------------------------------------------------------------------------------------------------------

       Navigation.--The conference agreement includes $8,995,000 
     as requested by the administration and $4,000,000 for low-
     cost, next generation precision gyroscope technology proposed 
     by the Senate.
       Aeronautical datalink applications.--The conference 
     agreement provides $39,000,000 for development of 
     aeronautical datalink applications. This includes $23,000,000 
     as requested by the administration, $11,000,000 for the 
     Capstone Initiative in the State of Alaska, and $5,000,000 
     for prototype testing and demonstration of automatic 
     dependent surveillance--broadcast (ADS-B) systems involving 
     the use of cargo aircraft in the Ohio Valley.
       Host replacement.--The conferees agree to provide 
     $20,000,000 for replacement of the host computer system. The 
     conference agreement assumes that, if necessary, the balance 
     of the $72,000,000 required can be made available by the 
     Office of Management and Budget from emergency supplemental 
     funds for Year 2000 (Y2K) programs. If these funds are not 
     forthcoming from OMB, the conferees expect FAA to submit a 
     reprogramming request for any additional funding needs. Since 
     submission of the budget request in January 1998, the FAA has 
     concluded that the host computer system is no longer expected 
     to be vulnerable to year 2000 problems.
       Runway incursion reduction.--The conference agreement 
     provides the $3,168,000 requested by the administration and 
     included in the House bill, instead of $9,168,000 as proposed 
     by the Senate. The conferees are concerned that the FAA move 
     expeditiously to develop and deploy advanced technologies to 
     prevent runway incursions. For this reason, the conferees 
     direct the FAA to give funding priority to advancing runway 
     incursion technologies to the pre-production phase.
       Next generation navigation systems.--The conference 
     agreement provides $92,000,000 for next generation navigation 
     systems, which includes $85,000,000 for further development 
     of the GPS wide area augmentation system (WAAS) and 
     $7,000,000 for further development of the LORAN-C navigation 
     system. The FAA is directed not to reprogram any of the 
     LORAN-C funding to the WAAS program. Further discussion of 
     the conference agreement on WAAS is provided in an earlier 
     section of this report.
       Next generation landing systems.--The conference agreement 
     provides $34,175,000 for next generation landing systems, to 
     be distributed as follows:


        Project                                                  Amount
LAAS research & development..................................$6,500,000
LAAS telecommunications costs...................................675,000
Instrument landing systems (ILS).............................24,000,000
Transponder landing systems (TLS).............................3,000,000
                                                       ________________
                                                       
  Total......................................................34,175,000

       Instrument landing systems.--Funding provided for 
     instrument landing systems (ILS) shall be distributed as 
     follows:


        Project                                                  Amount
Installation of previously procured systems..................$7,800,000
Fresno, CA: upgrade cat I to cat II...........................3,000,000
Stanly County, NC: obstruction zone...........................1,000,000
Everett-Stewart, TN: ILS & DME..................................200,000
Zanesville, OH: ILS.............................................300,000
March Airfield, CA: upgrade cat I to II.......................3,700,000
Burlington Alamance, NC.......................................1,750,000
North Las Vegas, NV.............................................500,000
McCarran International, NV....................................1,000,000
Bessemer Airport, AL..........................................1,750,000
Clovis Airport, NM..............................................500,000
Olive Branch Airport, MS......................................1,500,000
Hays Municipal Airport, KS......................................500,000
Stennis International Airport, MS...............................500,000
                                                       ________________
                                                       
  Total......................................................24,000,000

       Transponder landing systems.--The conference agreement 
     provides $3,000,000 for transponder landing systems (TLS) as 
     proposed by the Senate instead of $5,000,000 as proposed by 
     the House. The FAA should give priority consideration to 
     those locations cited in the Senate report and also to 
     Central Wisconsin Airport in Mosinee, Wisconsin.
       Volcano monitor.--The conferees agree to provide $2,000,000 
     for this program as proposed by the Senate.
       ANICS.--The conference agreement provides $3,500,000 for 
     the ANICS program. The FAA is directed to explore alternative 
     means of providing the phase II capabilities of the ANICS 
     program prior to the obligation of any fiscal year 1999 
     funding. If more cost effective means of realizing the same 
     capabilities as envisioned in phase II exist, the conferees 
     will consider a reprogramming of the funds. The FAA should 
     report to the House and Senate Committees on Appropriations 
     about alternatives to FAA construction and ownership of phase 
     II ANICS facilities by March 31, 1999 and should not obligate 
     any additional funding for phase II prior to consultation 
     with the House and Senate Appropriations Committees after 
     delivering the report.
       Terminal air traffic control facilities replacement.--The 
     conference agreement includes $63,625,000 for replacement of 
     air traffic control towers and other terminal facilities. The 
     agreement includes the following adjustments to the budget 
     estimate:


        Location                                                 Amount
Port Columbus, OH.............................................+$700,000
LaGuardia, NY...............................................-10,000,000
Lambert-St. Louis, MO........................................+1,900,000
Paine Field, WA..............................................+1,000,000
Logan International, MT......................................+1,000,000
North Las Vegas, NV..........................................+1,000,000

       In addition, the agreement deletes $14,275,000 in requested 
     funding for a tower which received a similar amount of funds 
     in fiscal year 1998. These funds are no longer necessary at 
     that location during fiscal year 1999.
       The conferees do not agree to Senate language requiring FAA 
     to initiate replacement of the control tower at Martin State 
     Airport in Maryland.
       Terminal digital radar.--The conferees do not agree with 
     Senate direction requiring site surveys for the terminal 
     digital radar (ASR-11). Instead, the conferees direct FAA to 
     submit a report to the House and Senate Committees on 
     Appropriations no later than January 31, 1999, demonstrating 
     the requirements and benefit-cost ratios for each of the 
     sites listed in the Senate report and proposing a schedule 
     for the site surveys for those sites meeting the benefit-cost 
     threshold.
       Advanced surface observing system.--The conference 
     agreement includes $9,900,000 for this program as proposed by 
     the House instead of $20,977,000 as proposed by the Senate. 
     These funds were included in the budget request, and are only 
     for the commissioning of previously-acquired systems, not to 
     acquire new systems.
       Visual navigation aids.--The conference agreement includes 
     $2,000,000 for preliminary work necessary for the 
     installation of two localizer directional aids and a 
     precision runway monitor at Newark International Airport, as 
     proposed by the Senate.
       Air traffic management.--The conference agreement concurs 
     in the directive of the Senate regarding the installation of 
     the passive final approach spacing tool (FAST) at the New 
     York TRACON.
       Aircraft-related equipment.--The conferees are aware that 
     the Federal Emergency Management Agency (FEMA) utilizes FAA 
     aircraft in the execution of the FEMA mission. In several 
     instances, the aircraft in the FAA inventory lack landing 
     gear equipment that would allow the aircraft to land at 
     smaller fields. The FAA should report to the House and Senate 
     Committees on Appropriations by January 31, 1999 on landing 
     gear and communication systems modifications which would 
     enhance the ability of FAA aircraft to execute FEMA, NASA, 
     and FAA missions.
       Explosive detection systems.--The conference agreement 
     includes no funding for explosive detection systems. The 
     House bill contained $100,000,000 to continue this program. 
     The Senate bill deleted funding, but made such programs 
     eligible for grants under the Airport Improvement Program. 
     The Senate received correspondence from the Vice President on 
     September 15, 1998 which stated: ``The terrorist attacks 
     against our embassies in Kenya and Tanzania remind us of the 
     global nature of terrorism . . . These events provide strong 
     evidence of the need to recognize aviation security as a 
     national security issue and to provide substantial federal 
     funds for aviation security improvements as a major element 
     of our overall national security counterintelligence 
     policy''. Consistent with this view, the conferees believe 
     these

[[Page H11482]]

     activities are more appropriate to be funded in the 
     diplomatic security supplemental. The conferees assume that 
     $100,000,000 will be provided for airport security systems in 
     that Act.
       Y2K computer issues.--The conference agreement provides 
     $25,000,000 for resolution of Year 2000 (Y2K) computer 
     issues, instead of $21,600,000 as proposed by the House and 
     $36,000,000 as proposed by the Senate. The conference 
     agreement also assumes that additional funding will be made 
     available by the Office of Management and Budget from 
     emergency supplemental funding. If those funds are not 
     forthcoming from OMB, the FAA should submit a reprogramming 
     request for any additional required funding.
       Personnel and related expenses.--The conference agreement 
     provides $248,000,000, including the transfer of $17,440,000 
     in acquisition staffing from the ``Operations'' appropriation 
     as proposed by the House.

                 Research, Engineering, and Development


                    (Airport and Airway Trust Fund)

       The conference agreement provides $150,000,000 for FAA 
     research, engineering, and development instead of 
     $145,000,000 as proposed by the House and $173,627,000 as 
     proposed by the Senate.
       The following table shows the distribution of funds in the 
     House and Senate bills and the conference agreement:

                           RESEARCH, ENGINEERING, AND DEVELOPMENT--CONFERENCE AGREEMENT                         
                                               [Fiscal Year 1999]                                               
----------------------------------------------------------------------------------------------------------------
                                                      Budget        Fiscal Year     Fiscal Year     Conference  
                  Program name                       estimate       1999 House      1999 Senate      agreement  
----------------------------------------------------------------------------------------------------------------
System Development and Infrastructure...........      16,768,000      12,775,000      15,784,000      15,784,000
    System planning & resource management.......       2,148,000       1,164,000       2,164,000       1,164,000
    Technical laboratory facility...............       9,730,000       6,721,000        9,730,00       9,730,000
    Center for Advanced Aviation System                                                                         
     Development................................       4,890,000       4,890,000       4,890,000       4,890,000
Capacity and Air Traffic Management Technology..     116,703,000               0      11,902,000               0
    Air traffic management technology...........       3,287,000               0               0               0
    Oceanic automation program..................       3,237,000               0               0               0
    Runway incursion reduction..................       3,168,000               0               0               0
    System capacity, planning and improvements..       4,044,000               0       7,000,000               0
    Cockpit technology..........................       1,642,000               0       1,000,000               0
    General aviation/vertical flight technology.       2,902,000               0       2,902,000               0
    Flight 2000.................................      90,000,000               0               0               0
    Operations concept validation...............       6,818,000               0               0               0
    Software engineering R&D....................       1,605,000               0       1,000,000               0
Communications, Navigation & Surveillance.......      19,154,000               0               0               0
    Communications..............................       5,869,000               0               0               0
    Navigation..................................       8,995,000               0               0                
    Surveillance................................       4,290,000               0               0               0
Weather.........................................      12,284,000      15,284,000      19,284,000      18,684,000
Airport Technology..............................       7,383,000       7,215,000               0               0
Aircraft Safety Technology......................      34,886,000      34,886,000      46,114,000      34,886,000
    Aircraft systems fire safety................       4,750,000       4,750,000       4,750,000       4,750,000
    Advanced materials/structural safety........       1,734,000       1,734,000       1,734,000       1,734,000
    Propulsion and fuel systems.................       2,831,000       2,831,000       5,000,000       2,831,000
    Flight safety/atmospheric hazards research..       2,619,000       2,619,000       2,619,000       2,619,000
    Aging aircraft..............................      14,694,000      14,694,000      21,540,000      14,694,000
    Aircraft catastrophic failure prevention                                                                    
     research...................................       1,787,000         787,000       4,000,000       1,787,000
    Aviation safety risk analysis...............       6,471,000       6,471,000       6,471,000       6,471,000
System Security Technology......................      54,872,000      44,225,000      53,423,000      51,690,000
    Explosives and weapons detection............      39,545,000      34,200,000      42,200,000      41,700,000
    Airport security technology integration.....       5,396,000       2,485,000       3,941,000       2,708,000
    Aviation security human factors.............       5,282,000       5,540,000       5,282,000       5,282,000
    Aircraft hardening..........................       4,649,000       2,000,000       2,000,000       2,000,000
Human Factors & Aviation Medicine...............      22,229,000      26,615,000      22,229,000      25,065,000
    Flight deck/maintenance/system integration                                                                  
     human factors..............................       9,903,000      12,550,000       9,903,000      11,000,000
    Air traffic control/airway facilities human                                                                 
     factors....................................       8,297,000      10,000,000       8,297,000      10,000,000
    Aeromedical research........................       4,029,000       4,065,000       4,029,000       4,065,000
Environment and Energy..........................       3,391,000       3,000,000       2,891,000       2,891,000
Innovative/Cooperative Research.................       2,330,000       1,000,000       2,000,000       1,000,000
                                                 ---------------------------------------------------------------
        Total appropriation.....................     290,000,000     145,000,000     173,627,000     150,000,000
----------------------------------------------------------------------------------------------------------------

       Weather research.--The conferees agree to provide 
     $18,684,000 for aviation weather research instead of 
     $15,284,000 as proposed by the House and $19,284,000 as 
     proposed by the Senate. The conferees direct that, of these 
     funds, $9,118,000 is available for the national laboratory 
     program, $3,000,000 is available to continue Project 
     Socrates, and $3,600,000 is to continue the turbulence and 
     windshear reseach project at Juneau, Alaska. The conferees 
     also agree with the proposal of the House to create a weather 
     research integrated product team under the FAA's 
     communications, navigation, and surveillance organization.
       Explosives and weapons detection.--The conference agreement 
     includes $41,700,000 instead of $34,200,000 as proposed by 
     the House and $42,200,000 as proposed by the Senate. Of this 
     amount, $2,500,000 is for development of the pulsed fast 
     neutron analysis (PFNA) cargo inspection system; $4,500,000 
     is for pulsed fast neutron transmission spectroscopy; and 
     $500,000 is for research and development of explosives and 
     chemical or biological agents currently being conducted by 
     the Institute of Biological Detection Systems.
       Human factors research.--The conferees agree with the 
     proposal of the House to allocate $1,000,000 for an agency-
     wide comprehensive survey of air traffic controller personnel 
     to evaluate the effects of fatigue, and up to $703,000 to 
     continue and expand the work done at the Civil Aeromedical 
     Institute regarding fatigue in the controller workforce.
       Aging aircraft.--The conference agreement provides 
     $14,694,000 for this program as proposed by the House instead 
     of $21,540,000 as proposed by the Senate. The conferees do 
     not agree with Senate direction to allocate a specific amount 
     for the engine titanium inspection project, but do agree with 
     the Senate's direction requiring FAA to assess options 
     regarding the replacement or rehabilitation of the existing 
     hanger for the Aging Aircraft Nondestructive Inspection 
     Validation Center.
       Blended winglet technology.--The conferees encourage the 
     FAA to support flight testing of winglet technology. Blended 
     winglet technology involves a special series of patented 
     devices called blended winglets and spiroids. These 
     relatively low cost devices can essentially be bolted onto 
     the wingtips. A series of tests using this new type of 
     winglet on two very different airplanes, including the newest 
     large airliner, has shown gain in cruise and climb 
     performance without adversely affecting controllability. Fuel 
     consumption was also reduced by an average of seven percent 
     during these flight tests. Preliminary tests show that the 
     wake turbulence behind an aircraft may be reduced 
     considerably by blended winglets, perhaps enough to safely 
     reduce the spacing of aircraft. This could lead to 
     significant enhancement in the ability of an airport to 
     handle increased takeoffs and landings. The implications of 
     this technology on system capacity could be considerable. 
     Much more work is needed to evaluate the overall implications 
     of this development.

                       Grants-in-Aid for Airports


                (Liquidation of Contract Authorization)

                    (Airport and Airway Trust Fund)

       The conference agreement includes a liquidating cash 
     appropriation of $1,600,000,000, as proposed by the House and 
     the Senate.
       Obligation limitation.--The conferees agree to an 
     obligation limitation of $1,950,000,000 for the ``Grants-in-
     aid for airports'' program instead of $1,800,000,000 as 
     proposed by the House and $2,100,000,000 as proposed by the 
     Senate.
       Caps on individual formula programs.--The conference 
     agreement deletes the limitations on the noise planning and 
     mitigation program and the military airport program proposed 
     by the Senate. The conferees hope that the current imbalance 
     will be addressed by the legislative committees of 
     jurisdiction in the AIP reauthorization bill.
       Discretionary grants award process.--Between November 1997 
     and May 1998, the General Accounting Office (GAO) issued two 
     reports which raised questions about the project selection 
     process for discretionary highway projects. The conferees 
     direct the GAO to conduct a similar analysis for AIP 
     discretionary grant awards over fiscal years 1996 through 
     1998, excluding awards made pursuant to letters of intent 
     signed before that timeframe.
       Regional airport.--The conference agreement directs the FAA 
     to study the feasibility of establishing a gulf coast 
     regional airport, working with the University of South 
     Alabama for the research, the necessary demographic 
     projections, and an assessment of the economic impact.

[[Page H11483]]

       Priority consideration.--The conferees agree that the FAA 
     should give priority consideration to grant applications for 
     the projects listed in the House or Senate reports, or in 
     this statement of the managers, in the categories of 
     discretionary grants for which they are eligible. In addition 
     to those airports and projects listed in the House and Senate 
     reports, the conferees agree to the following:
       Cleveland Hopkins International Airport, OH.--The conferees 
     do not agree with the House language to give priority 
     consideration for site and engineering studies for a proposed 
     runway expansion at the Cleveland Hopkins International 
     Airport in Ohio. Rather, the conferees agree that priority 
     consideration should be given to a request for discretionary 
     funding for site and engineering studies at this airport.
       Greater St. Tammany Regional Airport, LA.--The conferees 
     agree that the FAA should give priority consideration to 
     capital development projects at Greater St. Tammany Regional 
     Airport in Abita Springs, Louisiana.
       New Orleans International Airport, LA--The conferees concur 
     in the House language regarding major capacity enhancement 
     projects and priority consideration to the purchase of 
     property in priority six as part of the noise mitigation 
     buyout program at this airport. The conferees expect the FAA 
     to allow the use, as a first priority, of a navigational 
     easement as a voluntary option to residents as an alternative 
     to soundproofing. The conferees direct that, except for 
     safety reasons, the FAA shall enforce compliance with 
     existing, informal noise policies, to ensure noise abatement 
     over the City of Kenner during late evening and early morning 
     hours.
       Letters of intent.--The conferees urge the FAA to award 
     letters of intent for multiyear capital projects at the 
     following airports:
       Location: Salt Lake City International, UT; Orlando 
     International, FL; New Orleans International, LA; Southwest 
     Florida International, FL; and Miami International, FL.
       Southwest Florida International Airport, FL--The conferees 
     commend the FAA for initiating funding for the expansion 
     program at Southwest Florida International Airport. The 
     airport continues to exceed all passenger projections and is 
     the third-fastest growing airport in terms of passengers, 
     according to the FAA. The conferees understand that an 
     application for multiyear funding is pending for capital 
     expansion of this airport. The conferees urge the FAA to give 
     priority consideration to awarding a letter of intent for 
     this project.


                   aviation insurance revolving fund

       The conference agreement includes language authorizing the 
     expenditure of funds for aviation insurance activities as 
     proposed in the House and Senate bills. This legislative 
     language has been carried in appropriations Acts for many 
     years, and is expected to result in no budget authority or 
     outlays during fiscal year 1999.


                aircraft purchase loan guarantee program

       The conference agreement prohibits funds in this Act from 
     being used for the Aircraft Purchase Loan Guarantee Program 
     during fiscal year 1999, as proposed by both the House and 
     Senate.


                 administrative services franchise fund

       The conference agreement deletes a limitation proposed by 
     the House which would have terminated operations of FAA's 
     administrative services franchise fund in fiscal year 1999. 
     The conferees will continue to monitor the management of this 
     activity to help achieve cost savings wherever possible.

                     FEDERAL HIGHWAY ADMINISTRATION

                Limitation on General Operating Expenses

       The conference agreement limits general operating expenses 
     of the Federal Highway Administration (FHWA) to $327,413,000, 
     instead of $318,733,000 as proposed by the House and 
     $320,413,000 as proposed by the Senate.
       The recommended distribution by program and activity of the 
     funding provided for general operating expenses is as 
     follows:

FHWA administrative expenses (excluding OMC)...............$267,038,000
    National Parks transportation needs study.................2,000,000
    Advanced vehicle technology consortia program.............5,000,000
      Subtotal, FHWA administrative expenses................274,038,000
Motor carrier administrative expenses........................53,375,000
                                                       ________________
                                                       
      Total.................................................327,413,000

       Office of Motor Carriers.--Within the funds provided for 
     the administrative expenses of the office of motor carriers, 
     the conference agreement provides $375,000 for Operation 
     Respond. These funds are intended to increase the efficiency 
     of and ensure greater safety for law enforcement officers, 
     firefighters, and emergency medical personnel responding to 
     hazardous materials incidents and passenger rail accidents.
       Transportation needs in the national parks.--The conference 
     agreement includes $2,000,000 to carry out section 3039 of 
     the Transportation Equity Act for the 21st Century (TEA21). 
     Within the funds provided, the Secretary is directed to 
     undertake a comprehensive study of alternative transportation 
     needs in the national parks and related public lands managed 
     by federal land management agencies, and to implement 
     activities and contracts associated with the memorandum of 
     understanding between the departments of Interior and 
     Transportation. FHWA and the Federal Transit Administration 
     shall review the transportation alternatives considered by 
     the National Park Service in the Grand Canyon and Yosemite 
     national parks to determine if all necessary and appropriate 
     transportation planning, development, environmental and 
     alternative analyses have been conducted to support the 
     alternatives selected by the National Park Service. The 
     results of the assessment are to be provided to the House and 
     Senate Committees on Appropriations by April 1, 1999.
       Administrative expenses for the Appalachian Regional 
     Commission.--The conference agreement does not provide 
     additional resources for administrative expenses associated 
     with the Appalachian development highway system program. 
     Should additional funding requirements occur in fiscal year 
     1999, the FHWA may be permitted to transfer from the FHWA's 
     administrative takedown authorized by section 104(a) of title 
     23 after justification of those requirements and approval by 
     the House and Senate Committees on Appropriations.
       Audit cost reimbursement.--The conference agreement 
     provides $750,000 for Inspector General audit cost 
     reimbursements. These funds are to be transferred from the 
     FHWA's administrative takedown as authorized under section 
     104(a) of title 23 to the Office of Inspector General.
       Advanced vehicle technology consortia program.--The 
     conference agreement includes $5,000,000 for the advanced 
     vehicle technology consortia program. The House bill included 
     an appropriation within the Research and Special Programs 
     Administration. No similar appropriation was included in the 
     Senate bill. These funds shall be available to support a 
     public/private partnership to design, develop, and deploy 
     alternative fuel and propulsion systems focusing on medium 
     and heavy vehicles.


                 limitation on transportation research

       The conference agreement deletes the limitation on 
     transportation research of $409,150,000 proposed by the 
     House. The Senate bill contained no similar limitation under 
     this heading. Funding for transportation research programs 
     and activities is included within the overall limitation on 
     federal-aid highways, as proposed by the Senate.


                 appalachian development highway system

       The conference agreement deletes the appropriation of 
     $200,000,000 for Appalachian development highway system 
     proposed by the Senate. The House bill contained no similar 
     appropriation.

                          FEDERAL-AID HIGHWAYS


                      (limitation on obligations)

                          (highway trust fund)

       The conference agreement limits obligations for the 
     federal-aid highways program to $25,511,000,000 as proposed 
     by both the House and Senate. The conference agreement also 
     includes the following limitations within the overall 
     limitation on obligations for the federal-aid highways 
     program as proposed by the Senate: $200,000,000 for 
     intelligent transportation systems; $178,150,000 for 
     transportation research; $38,000,000 for the ferry boat and 
     ferry terminal facility program; $15,000,000 for the magnetic 
     levitation transportation technology deployment program; and 
     $31,000,000 for the Bureau of Transportation Statistics. The 
     House bill contained no similar sub-limitations.
       The conference agreement deletes the provision proposed by 
     the Senate providing $700,000 for the United States Army 
     Corps of Engineers to study rural access issues in Alaska and 
     $1,500,000 for improvements to the Crooked Creek access road 
     in the Charles M. Russell National Wildlife Refuge, Montana, 
     from funds provided in fiscal year 1999 for refuge roads. The 
     House bill contained no similar provision. The conference 
     agreement addresses these set-asides under the federal lands 
     highway program.
       The conference agreement includes a provision proposed by 
     the Senate that transfers $4,000,000 of the amounts made 
     available as contract authority under section 1221(e) of 
     Public Law 105-178 to carry out section 5113 of that Act, 
     relating to commercial remote sensing products and spatial 
     information technologies. The House bill contained no similar 
     provision.


                    SURFACE TRANSPORTATION RESEARCH

       Within the funds provided for surface transportation 
     research, the conference agreement includes $65,000,000 for 
     highway research and development for the following 
     activities:

Safety......................................................$12,535,000
Pavements....................................................13,150,000
Structures...................................................16,100,000
Environment...................................................5,300,000
Real estate services............................................365,000
Policy........................................................5,400,000
Planning......................................................4,000,000
Motor carrier.................................................6,400,000
Advanced research.............................................1,000,000
Highway operations..............................................750,000
                                                       ________________
                                                       
  Total......................................................65,000,000

       Within the funds provided for highway research and 
     development, the FHWA is encouraged to provide sufficient 
     resources to continue the air quality study in southern

[[Page H11484]]

     California and to support ongoing university intelligent 
     transportation systems research.
       Safety.--Within the funds provided for safety, the FHWA is 
     encouraged to support efforts to educate new drivers on the 
     dangers of road construction work zones by developing 
     appropriate driver training programs.
       Pavements.--Within the funds provided for pavements, the 
     FHWA is encouraged to support research into geosynthetic 
     material, the use of polymer additives for pavements, 
     lithium-based technologies, and composite bridge systems. The 
     FHWA is also encouraged to develop second generation 
     composite bridge deck systems and technologies that may lead 
     to better-constructed and longer-lasting pavements. In 
     addition, the Administrator of the FHWA is encouraged to 
     evaluate and promote the benefits of using silica fume high 
     performance concrete and to report on such findings to the 
     House and Senate Committees on Appropriations not later than 
     September 30, 2001.
       Structures.--Within the funds provided for structures, the 
     FHWA is encouraged to explore new technologies in advanced 
     composite materials, including wood composites, and to 
     support research into high performance materials; bridge 
     systems; the cleaning of existing structures of paints and 
     other coatings or corrosion and the application of metal 
     coatings to cleaned structures; and appraisals of 
     nondestructive evaluations of bridges.
       Unique opportunities exist at this time to conduct research 
     and detailed analyses into load capacities of deteriorated 
     bridge structures, seismic retrofitting, and new 
     nondestructive evaluation techniques, as extensive interstate 
     reconstruction projects are planned and underway, 
     particularly in the state of Utah. FHWA is encouraged to work 
     with appropriate federal, state and local officials to make 
     use of these unique research opportunities while major 
     interstate projects are under construction.
       Environment.--Within the funds provided for environment 
     research, the FHWA is encouraged to support regional noise 
     level and air studies.
       Policy.--Sufficient funds are provided for policy research 
     to support ongoing activities associated with the national 
     personal transportation survey. Within the funds provided for 
     policy research, the FHWA is encouraged to report to the 
     House and Senate Committees on Appropriations not later than 
     March 31, 1999, on the viability of existing fuel tagging 
     technologies developed through research at the national 
     energy laboratories.
       Planning.--Within the funds provided for planning research, 
     sufficient funds are provided to modify the transportation 
     simulation model for intelligent transportation purposes. 
     None of the funds made available in the surface 
     transportation research subaccount shall be used to conduct 
     research related to sustainability and its role in 
     transportation planning. The conferees assert that contract 
     funds provided under section 1221 of TEA21 can be used to 
     support research pertaining to the role of transportation in 
     community and system preservation, including research on the 
     interface between transportation and sustainability, and are 
     sufficient to support research in community preservation and 
     sustainability.
       Motor carrier.--The conference agreement provides 
     $6,400,000 for motor carrier research. The office of motor 
     carriers is directed to report to the House and Senate 
     Committees on Appropriations not later than December 1, 1998, 
     documenting the potential safety advantages of a federal rule 
     to require a uniform national display policy for inspection 
     stickers on commercial motor vehicles.
       Technology and assessment.--Within the funds provided for 
     technology assessment and deployment activities, the FHWA is 
     encouraged to support university transportation management 
     programs. Sufficient funds are included for key safety 
     initiatives, as requested in the budget.


                   intelligent transportation systems

       The conference agreement provides a total of $200,000,000 
     for intelligent transportation systems (ITS), of which 
     $105,000,000 is available for ITS deployment and $95,000,000 
     for ITS research and development. Within the funds made 
     available for intelligent transportation systems, the 
     conference agreement provides that not less than the 
     following sums shall be available for intelligent 
     transportation projects in these specified areas:

Amherst, Massachusetts.......................................$1,000,000
Arlington County, Virginia......................................750,000
Atlanta, Georgia..............................................2,000,000
Brandon, Vermont................................................375,000
Buffalo, New York...............................................500,000
Centre Valley, Pennsylvania.....................................500,000
Cleveland, Ohio...............................................1,000,000
Columbus, Ohio................................................1,000,000
Corpus Christi, Texas...........................................900,000
Dade County, Florida..........................................1,000,000
Del Rio, Texas................................................1,000,000
Delaware River, Pennsylvania..................................1,000,000
Fairfield, California.........................................1,000,000
Fitchburg, Massachusetts........................................500,000
Greater metropolitan capital region, DC.......................5,000,000
Hammond, Louisiana............................................4,000,000
Houston, Texas................................................2,000,000
Huntington Beach, California..................................1,000,000
Huntsville, Alabama...........................................1,000,000
Inglewood, California.........................................1,500,000
Jackson, Mississippi..........................................1,000,000
Kansas City, Missouri...........................................500,000
Laredo, Texas.................................................1,000,000
Middlesboro, Kentucky.........................................3,000,000
Mission Viejo, California.....................................1,000,000
Mobile, Alabama...............................................2,500,000
Monroe County, New York.........................................400,000
Montgomery, Alabama...........................................1,250,000
Nashville, Tennessee............................................500,000
New Orleans, Louisiana........................................1,500,000
New York City, New York.......................................2,500,000
New York/Long Island, New York................................2,300,000
Oakland County, Michigan......................................1,000,000
Onandaga County, New York.......................................400,000
Port Angeles, Washington........................................500,000
Raleigh-Wake County, North Carolina...........................2,000,000
Riverside, California.........................................1,000,000
San Francisco, California.....................................1,500,000
Scranton, Pennsylvania........................................1,000,000
Silicon Valley, California....................................1,500,000
Spokane, Washington.............................................450,000
Springfield, Virginia...........................................500,000
St. Louis, Missouri.............................................750,000
State of Alaska...............................................1,500,000
State of Idaho................................................1,000,000
State of Maryland.............................................2,500,000
State of Minnesota............................................7,100,000
State of Mississippi..........................................1,000,000
State of Missouri...............................................500,000
State of Montana................................................700,000
State of Nevada.................................................575,000
State of New Jersey...........................................3,000,000
State of New Mexico...........................................1,000,000
State of New York.............................................2,500,000
State of North Dakota.........................................1,450,000
Commonwealth of Pennsylvania.................................14,000,000
State of Texas................................................1,000,000
State of Utah.................................................3,600,000
State of Washington...........................................2,000,000
State of Wisconsin............................................1,500,000
Temucula, California............................................250,000
Tucson, Arizona...............................................1,000,000
Volusia County, Florida.......................................1,000,000
Warren County, Virginia.........................................250,000
Wausau-Stevens Point-Wisconsin Rapids, Wisconsin..............1,000,000
Westchester and Putnam Counties, New York.......................500,000
White Plains, New York........................................1,000,000

       Projects selected for funding shall contribute to the 
     integration and interoperability of intelligent 
     transportation systems, consistent with the criteria set 
     forth in TEA21.
       The conference agreement provides $95,000,000 for 
     intelligent transportation systems (ITS) research and 
     development activities, to be distributed by activity as 
     follows:

Research and development....................................$38,000,000
Operational tests............................................17,000,000
Evaluation....................................................6,500,000
Architecture and standards...................................18,000,000
Mainstreaming.................................................6,000,000
Program support...............................................9,500,000
                                                       ________________
                                                       
    Total....................................................95,000,000

       Research and development.--The conference agreement 
     supports the plans of the department to allocate most of the 
     IVI funds to advance crash avoidance technologies that 
     promote the safety of passenger vehicles. Consistent with 
     that objective, the department is encouraged to complete 
     performance criteria and safety evaluations of various crash 
     avoidance technologies for passenger vehicles, to conduct 
     various operational tests in passenger vehicles, and to 
     advance human factors research related to the interactions of 
     multiple crash avoidance technologies installed in passenger 
     vehicles. The department is encouraged not to dilute funds 
     reserved for the IVI among lower priority objectives, 
     especially those that offer minimal potential safety 
     benefits. Before June 1, 1999, the Director of the Joint 
     Program Office shall submit to the House and Senate 
     Committees on Appropriations a five-year agenda outlining the 
     future direction and projected timelines for IVI research and 
     testing, paying particular attention to delineating 
     activities regarding the light vehicle platform.
       The Administrator and the Director of the JPO are 
     encouraged to work with George Washington University and 
     Louisiana State University in its research into crash 
     avoidance and to utilize the strengths of the University of 
     Alabama's Transportation Research Institute in carrying out 
     ITS and other highway research.
       Operational tests.--Within the funding provided for ITS 
     operational tests, the conference agreement includes ample 
     funds for operational testing of intelligent passenger 
     vehicles, and limited funds for IVI work on commercial 
     vehicles.
       Evaluation.--Within the funding provided for ITS 
     evaluations, the conference agreement includes limited funds 
     for policy assessments.
       The Joint Program Office (JPO) is directed to have final 
     budgetary authority over the allocation of ITS funds among 
     the various modes and projects and not less than seventeen 
     positions are to be allocated to the JPO in fiscal year 1999.
       National advanced driving simulator.--Within the funds 
     provided for ITS research and development and other surface 
     transportation research contract authority programs, 
     sufficient funds are included for ongoing activities of the 
     national advanced driving simulator.
       Reprogramming guidelines.--The FHWA is fully expected to 
     adhere to the funding allocations provided in this Act for 
     specific surface transportation research activities, such as 
     highway research and development and intelligent 
     transportation systems activities. Any deviations from the 
     allocations provided

[[Page H11485]]

     in this Act shall be consistent with the established 
     reprogramming guidelines and may require the approval of the 
     House and Senate Committees on Appropriations before 
     execution.


                      DISCRETIONARY GRANT PROGRAMS

       The conference agreement deletes the Senate references of 
     priority designations and set-asides within the Federal 
     Highway Administration's discretionary grant programs and the 
     Bureau of Transportation Statistics, except as specifically 
     provided in this conference report.


           magnetic levitation technology deployment program

       The conference agreement provides $15,000,000 for the 
     magnetic levitation technology deployment program, of which 
     not more than $500,000 shall be available to the Federal 
     Railroad Administration for administrative expenses and 
     technical assistance. Within the funds made available under 
     this heading, the conference agreement provides $5,000,000 
     for a high-speed intercity magnetic levitation project 
     between Philadelphia and Pittsburgh, Pennsylvania and 
     $2,000,000 for a magnetic levitation project in Blacksburg, 
     Virginia. Funding allocated to the Blacksburg project shall 
     be conditioned upon the financial participation of the 
     Commonwealth of Virginia.


                         federal lands program

       Funds provided for the federal lands program in fiscal year 
     1999 shall be available for the following activities:

Improvements to roadways on the Kenai Peninsula, Alaska......$3,500,000
Restoration of the Columbia River Highway in Oregon.............500,000
Highway improvements in Hanalei National Wildlife Refuge, Haleakala and 
  Hawaii National Parks.......................................3,000,000
Lake Camp Road, Valley Road, and Beaver Pond Terrace Road, near the 
  Brooks River area, Arkansas.................................1,000,000
U.S. Army Corps of Engineers study of rural access in Alaska....700,000
Charles M. Russell National Wildlife Refuge, Montana..........1,000,000
Construction of Highway 323 between Alzada and Ekalaka, Montan2,000,000
Glacier National Park, Going-to-the-Sun Road engineering study1,000,000
Routes 25 and 58, Cumberland Gap National Park................3,000,000
Route 80, Daniel Boone National Forest........................2,000,000
Baltimore-Washington Parkway..................................4,000,000
Manassas National Battlefield Park Improvements, Virginia.....2,000,000

       Glacier National Park, Going-to-the-Sun Road.--The 
     conference agreement provides $1,000,000 for engineering 
     studies on Going-to-the-Sun Road in Glacier National Park. 
     Funds will be used to conduct and support an independent 
     engineering study assessing the best available technology to 
     reduce costs and mitigate impacts; an updated economic 
     analysis taking into account the economic impact of the road 
     on the park and the surrounding communities; and a citizen 
     advisory committee with which the National Park Service and 
     the Federal Highway Administration would consult in making 
     recommendations regarding the reconstruction of Going-to-the-
     Sun Road.
       Highway 93, Montana.--The Conferees concur with the 
     direction of the Senate regarding Highway 9 in Montana.
       Manassas National Battlefield Park, Virginia.--The 
     conference agreement includes $2,000,000 for improvements to 
     the U.S. Route 29 and State Route 234 intersection in the 
     Manassas National Battlefield Park, Prince William County, 
     Virginia. In April 1998, a task force of federal, state and 
     local participants was created to address the unsafe 
     conditions associated with this intersection which is used by 
     local residents and park visitors. As a result of several 
     task force meetings, a memorandum of understanding is being 
     developed outlining improvements which improve safety and 
     preserve the historical integrity of the battlefield. The 
     funds provided in this Act shall be made available to 
     implement improvements to the intersection consistent with 
     the memorandum of understanding.


                         program administration

       Proceeds from the sale or lease of real property.--The 
     language in section 156 of title 23 of the United States 
     Code, relating to the proceeds from the sale or lease of real 
     property, can be applied to providing parking for the 
     Louisiana Stadium and Exposition District.
       DeSoto County, Mississippi.--For the purposes of 
     constructing an underpass to improve access and to enhance 
     highway/rail safety and economic development along Star 
     Landing Road in DeSoto County, Mississippi, the State of 
     Mississippi may use funds previously allocated to it under 
     the transportation enhancements program, provided that the 
     state would otherwise be unable to use the funds for 
     transportation enhancement projects consistent with 
     current law.
       Georgia I-285.--The revised concept for the East-West 
     Connector, Phase V and I-285 Interchange in Cobb County, 
     Georgia (submitted on April 15, 1998 to the Georgia 
     Department of Transportation, which in turn submitted it to 
     the Federal Highway Administration on May 22, 1998) improves 
     the level of service and operations of the interchange 
     without increasing the capacity of this segment of I-285. The 
     revised concept for the interchange will dramatically improve 
     access to the communities adjoining the interchange without 
     adversely affecting air quality in the Atlanta region. 
     Therefore, FHWA is encouraged to approve the revised concept 
     and allow preliminary design on the interchange to continue.

                          Federal-Aid Highways


                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

       The conference agreement provides a liquidating cash 
     appropriation of $24,000,000,000 for the federal-aid highways 
     program, as proposed by both the House and the Senate.

                      Motor Carrier Safety Grants


                (LIQUIDATION OF CONTRACT AUTHORIZATION)

                          (HIGHWAY TRUST FUND)

       The conference agreement includes a liquidating cash 
     appropriation of $100,000,000 for motor carrier safety grants 
     as proposed by the Senate. The House included a liquidating 
     cash appropriation of $100,000,000 for motor carrier safety 
     grants within the National Highway Traffic Safety 
     Administration.

                      Motor Carrier Safety Grants


                      (LIMITATION ON OBLIGATIONS)

                          (HIGHWAY TRUST FUND)

       The conference agreement includes the limitation on 
     obligations of $100,000,000 for motor carrier safety grants 
     proposed by the Senate. The House bill included a limitation 
     on obligations of $100,000,000 for motor carrier safety 
     grants is within the National Highway Traffic Safety 
     Administration.
       This agreement allocates the funding in the following 
     manner:

Basic grants to states......................................$80,000,000
Border assistance.............................................4,500,000
Priority initiatives..........................................4,500,000
Administrative costs..........................................1,000,000
Information systems and planning.............................10,000,000
                                                       ________________
                                                       
  Total.....................................................100,000,000

       Border assistance.--The conference agreement has provided 
     $4,500,000 for border assistance, as proposed by the House. 
     Funding has not been provided to the second tier states 
     because Mexican commercial motor vehicles cannot operate 
     beyond Arizona, California, New Mexico, and Texas until the 
     year 2000.
       Information systems and planning.--Of the $10,000,000 
     provided for information systems and strategic planning, 
     $3,000,000 shall be provided to states to improve information 
     systems and computer and evaluation capabilities; $1,000,000 
     shall be for driver safety activities to improve the 
     commercial drivers license programs or judicial outreach of 
     the various states; and $5,000,000 shall be for the PRISM 
     project to increase the number of states participating in 
     this program.
       Transfer of OMC to NHTSA.--The conference agreement does 
     not include the transfer of the office of motor carriers 
     (OMC) from the Federal Highway Administration to the National 
     Highway Traffic Safety Administration (NHTSA) proposed by the 
     House. In proposing this transfer, the House believed that 
     moving motor carriers under NHTSA's umbrella would strengthen 
     and consolidate the department's vehicle safety programs. A 
     single modal administration could provide a more consistent 
     and synchronous safety program and agenda by focusing on 
     reducing all highway accidents instead of having two 
     organizations focusing on reducing components (passenger 
     vehicles and commercial motor vehicles) of the 42,000 annual 
     highway fatalities. The House intends to further review the 
     possible consolidation of the office of motor carriers within 
     NHTSA during its fiscal year 2000 budget hearings.

             NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

                        Operations and Research


                          (Highway Trust Fund)

       The conference agreement provides $159,400,000 from the 
     Highway Trust Fund for operations and research. The Senate 
     provided $161,400,000 for operations and research and the 
     National Driver Register from the Highway Trust Fund. The 
     House provided $72,000,000 for operations and research from 
     the Highway Trust Fund and $87,400,000 from the general fund. 
     Of the total, $58,558,000 shall remain available until 
     September 30, 2001 as proposed by both the House and the 
     Senate.
       To comply with the levels authorized under TEA21, the 
     conference agreement includes the following adjustments to 
     the budget estimate:

Do not fund 10 new staff positions............................-$780,000
Do not fund new consumer information program...................-814,000
Hold NCAP testing to 1998 level..............................-2,226,000
Delete funding for fuel economy program.........................-60,000
Slight reduction in vehicle safety compliance...................-40,000
Reduce funding for defects investigation.......................-360,000

[[Page H11486]]

Delete funding for the safe communities program..............-2,800,000
Delete funding for prelicensure demonstration project..........-600,000
Slight reduction in EMS research................................-40,000
Slight reduction in records and licensing.......................-73,000
Head injury management prevention project....................+1,000,000
Hold PNGV to 1998 level......................................-1,004,000
Reduce increase for biomechanics simulation and analysis.......-225,000
Reduce increase for crash avoidance research...................-340,000
Fund occupant protection survey under Grant Administration.....-300,000
Slight reduction in Office of the Administrator................-331,000
Increase Grant Administration reimbursement..................-4,509,000

       Aggressive driving.--NHTSA, in conjunction with the 
     International Association of Chiefs of Police, should conduct 
     a 2-year pilot project to utilize and demonstrate the 
     effectiveness of enforcement devices, such as speed 
     management and imaging devices, in reducing aggressive 
     driving. The project should take place within one or more 
     federal jurisdictions that have experienced high profile 
     crashes, such as the George Washington Memorial Parkway.
       Emergency medical services.--Within the emergency medical 
     services program, $250,000 shall be used to complete the 
     second phase of the head injury prehospital protocols with 
     Aitken Neuroscience Center. The conference agreement also 
     includes $1,000,000 for a head injury prevention project at 
     the University of Alabama at Birmingham. The initial focus of 
     this effort will be on the prehospital aspect of trauma 
     research involving causative factors of the injury.
       Older driver research.--NHTSA should continue demonstrating 
     technologies and practices to improve the driving performance 
     of older drivers and other special groups. Ongoing work at 
     Pennsylvania State University in this area is recognized.
       Red light running initiative.--Failure to obey traffic 
     signals is one of the leading causes of urban crashes. NHTSA 
     should evaluate an innovative program initiated by Jefferson 
     Parish Sheriff's Office in Jefferson County, Louisiana, to 
     combat this problem and determine if this program could be 
     deployed nationwide.
       Prelicensure demonstration project.--For the same reasons 
     detailed last year, the conference agreement deletes funds 
     for the prelicensure demonstration project.
       Bill language is included that prohibits NHTSA from 
     obligating or expending funds to plan, finalize, or implement 
     any rulemaking that would add requirements pertaining to tire 
     grading standards that are different from those standards 
     already in effect. This language was contained in both the 
     House and Senate bills.

                        National Driver Register


                          (Highway Trust Fund)

       The conference agreement provides $2,000,000 for the 
     National Driver Register as proposed by the House. The Senate 
     provided $2,000,000 for this program within NHTSA's 
     operations and research account. Within the total amount 
     appropriated, up to $250,000 can be used to begin the 
     technology assessment authorized under section 2006 of TEA21.

                     Highway Traffic Safety Grants


                (Liquidation of Contract Authorization)

                          (Highway Trust Fund)

       The conference agreement provides $200,000,000 to liquidate 
     contract authorizations for highway traffic safety grants, as 
     proposed by both the House and the Senate.

                     Highway Traffic Safety Grants


                      (Limitation on Obligations)

                          (Highway Trust Fund)

       The conference agreement limits obligations for highway 
     traffic safety grants to $200,000,000 as proposed by both the 
     House and Senate. A total of $9,943,000 has been provided for 
     administration of the grant programs as proposed by the House 
     instead of $5,334,000 as proposed by the Senate. New bill 
     language is included to specify that not more than $7,500,000 
     of the funds made available for section 402, not more than 
     $500,000 of the funds made available for section 405, not 
     more than $1,750,000 of the funds made available for section 
     410, and not more than $193,000 of the funds made available 
     for section 411 shall be available to NHTSA for administering 
     highway safety grants under chapter 4 of title 23. This 
     language is necessary to insure that each grant program does 
     not contribute more than five percent of the total 
     administrative costs.
       The conference agreement retains bill language, proposed by 
     both the House and Senate, that limits technical assistance 
     to states from section 410 to $500,000.
       The conference agreement prohibits the use of funds for 
     construction, rehabilitation or remodeling costs, or for 
     office furnishings and fixtures for State, local, or private 
     buildings or structures, as proposed by both the House and 
     Senate.
       The bill includes separate obligation limitations with the 
     following funding allocations:

State and community grants.................................$150,000,000
Occupant protection incentive grants.........................10,000,000
State highway safety data grants..............................5,000,000
Alcohol incentive grants.....................................35,000,000

       Occupant protection.--The effectiveness of the occupant 
     protection grant on improving safety, saving lives, and 
     preventing injuries along the Route 2 corridor between 
     Gardner and Greenfield, Massachusetts is recognized, and the 
     conference agreement encourages continued funding of this 
     initiative.

                    FEDERAL RAILROAD ADMINISTRATION

                      Office of the Administrator

       The conference agreement appropriates $21,215,000 for the 
     Office of the Administrator instead of $21,367,000 as 
     proposed by the House and $21,020,000 as proposed by the 
     Senate. Of the total amount, $1,784,000 shall remain 
     available until expended, as proposed by the House instead of 
     $1,389,000 as proposed by the Senate.
       The following adjustments were made to the budget estimate:

Delete funding for electronic grant management................-$200,000
Delete funding for acquisition management training...............-6,000
Reduce travel increase..........................................-52,000
Reduce increase in vendor inflation............................-100,000
                                                       ________________
                                                       
      Net reduction to budget estimate.........................-358,000

       Funding for the light rail density pilot project is not 
     included in the Office of the Administrator, as proposed by 
     the Senate. The House bill contained no similar 
     appropriation.
       Valley trains and trails.--Within the funds appropriated to 
     the Office of the Administrator, FRA should work with the 
     Norfolk Southern Railroad, Valley Trains and Trails, and the 
     Commonwealth of Virginia to help develop a scenic passenger 
     train service plan in Shenandoah County, Virginia. This study 
     is contingent upon participation by Norfolk Southern.
       Bill language is included that authorizes the Secretary to 
     receive payments from the Union Station Redevelopment 
     Corporation, credit them to the first deed of trust, and make 
     payments on the first deed of trust. These funds may be 
     advanced by the Administrator from unobligated balances 
     available to the Federal Railroad Administration and must be 
     reimbursed from payments received by the Union Station 
     Redevelopment Corporation. Both the House and Senate bills 
     contained these provisions.

                            Railroad Safety

       The conference agreement provides $61,488,000 for railroad 
     safety instead of $60,948,000 as proposed by the House and 
     $61,876,000 as proposed by the Senate. Of the total amount, 
     $3,825,000 shall remain available until expended. The 
     following adjustments were made to the budget estimate:

Hire 24 instead of 32 new inspectors..........................-$420,000
Provide 5 percent increase in travel...........................-351,000
Increase funding for Operation Lifesaver.......................+300,000
                                                       ________________
                                                       
      Net adjustment...........................................-471,000

       Bill language is included in this conference report that 
     permits the reimbursement of out-of-state travel and per diem 
     costs incurred by employees of State governments directly 
     supporting the Federal railroad safety program, including 
     regulatory development and compliance-related activities. 
     Both the House and Senate bills contained this provision.

                   Railroad Research and Development

       The conference agreement provides $22,364,000 for railroad 
     research and development instead of $20,477,000 as proposed 
     by the House and $25,760,000 as proposed by the Senate and 
     includes the following adjustments to the budget estimate:

Delete funding for assessment of current magnetic levitation s-$150,000
Delete funding for Transportation Test Center site facilities..-130,000
Fund full-scale crash test of rail passenger equipment.......+2,000,000
Half-year funding for track specialist.........................-117,000
                                                       ________________
                                                       
      Net adjustment to budget estimate......................+1,607,000

       Track and vehicle-track interaction.--Within funding 
     allocated for track and vehicle-track interaction, $500,000 
     shall be used to develop an automatic traffic control and 
     monitoring system and $500,000 shall be used to evaluate 
     carbon composites in railroad bridges, as specified by the 
     Senate. The GAO recently reported on the safety risk posed by 
     the deteriorating structural integrity of the nation's 
     100,700 rail bridges. Aging rail bridges are increasingly 
     being required to handle heavier axial loads and higher train 
     speeds. To better address this safety risk, funding has been 
     provided to develop, demonstrate, and evaluate the use of 
     carbon composites for strengthening aging steel railroad 
     bridges. These funds shall be made available to a constructed 
     facilities center with extensive experience in this area.
       New full-time employees.--The conference agreement provides 
     half-year funding for the new track specialist position 
     because the Administration has made a convincing case for

[[Page H11487]]

     this position. No funding is provided for the new 
     communications position.
       Bill language is included that allows FRA to sell old 
     aluminum reaction rail currently located at the 
     Transportation Test Center (TTC) and use any proceeds for 
     physical improvements at TTC as proposed by both the House 
     and Senate.

            Railroad Rehabilitation and Improvement Program

       The conference agreement modifies bill language included in 
     the House bill specifying that no new direct loans or loan 
     guarantee commitments can be made using federal funds for the 
     payment of any credit premium amount during fiscal year 1999. 
     The Senate bill did not have any bill language for this 
     program.

                    Next Generation High-Speed Rail

       The conference agreement provides $20,494,000 for the next 
     generation high-speed rail program instead of $15,294,000 as 
     proposed by the House and $28,494,000 as proposed by the 
     Senate. The following table summarizes the conference 
     agreement by budget activity:

                                                             Conference
Train control systems........................................$4,300,000
    Illinois positive train control demonstration...........(1,300,000)
    Alaska railroad.........................................(3,000,000)
Non-electric locomotives......................................9,800,000
    ALPS....................................................(2,800,000)
    Prototype locomotive....................................(7,000,000)
Grade crossings and innovative technologies...................4,600,000
    Sealed corridor.........................................(1,000,000)
    Mitigating hazards......................................(2,500,000)
    Low-cost HSR crossing...................................(1,100,000)
Track and structures..........................................1,200,000
Administration..................................................594,000
                                                       ________________
                                                       
      Total..................................................20,494,000

       Positive train control.--A total of $4,300,000 has been 
     provided for positive train control activities in Illinois 
     and Alaska. Funding has not been provided for a positive 
     train control study recommended by the Senate because the 
     goals of this study are being undertaken in the Illinois 
     positive train control demonstration. It is anticipated that 
     the system engineer for the joint AAR, Illinois DOT and FRA 
     project on the Chicago to St. Louis corridor will decisively 
     characterize the common elements required for 
     interoperability, in order to develop an open system 
     architecture. An open architecture is necessary to ensure 
     that different positive train control technologies can 
     communicate and interact effectively with one another.
       FRA and the AAR have entered into a cooperative program to 
     develop, test, and demonstrate positive train control 
     capabilities between Springfield and Chicago, Illinois. This 
     project is estimated to cost approximately $60,000,000 over a 
     four-year period. AAR has committed $20,000,000 to the 
     project. The conference agreement provides $1,300,000 to this 
     project in fiscal year 1999 to continue federal support.
       The conference agreement provides $3,000,000 for Alaska 
     Railroad to continue its ongoing efforts to implement a 
     collision avoidance positive train control system over the 
     entire system. These funds will help fund a GPS satellite-
     based communications and tracking system that will provide 
     positive train separation for all locomotives and track 
     vehicles, and precision train control with movement-pass 
     planning capabilities.
       In conjunction with FRA, eastern railroads are developing 
     positive train control, capable of operating with present and 
     future technologies to adapt to the various types of railroad 
     infrastructure. As the first step, interoperable locomotive 
     platform prototypes are being built at the present time. As 
     the next step, the wayside portion of the positive train 
     separation pilot will be developed and tested on the rail 
     line between Manassas, Virginia through Hagerstown, Maryland 
     to Harrisburg, Pennsylvania. This project, funded jointly by 
     FRA and the railroads, was begun two years ago. FRA should 
     continue funding this pilot project.
       Rail-highway crossing hazard eliminations.--Under section 
     1103 of TEA21, an automatic set-aside of $5,250,000 a year is 
     made available for the elimination of rail-highway crossing 
     hazards. A limited number of rail corridors are eligible for 
     these funds. Of these set-aside funds: $1,000,000 shall be 
     used to mitigate grade crossing hazards on the Gulf Coast 
     corridor; $1,000,000 shall be used along North Carolina's 
     sealed corridor; $250,000 shall be used between Kalamazoo and 
     Grand Beach, Michigan; and $250,000 shall be used between 
     Milwaukee and the Wisconsin-Illinois border.

                     Alaska Railroad Rehabilitation

       The conference agreement provides $10,000,000 for the 
     Alaska Railroad as proposed by the Senate. The House bill 
     contained no similar appropriation.

                     Rhode Island Rail Development

       Total funding for the Rhode Island rail development project 
     is $5,000,000 instead of $2,000,000 as proposed by the House 
     and $7,500,000 as proposed by the Senate. The conference 
     agreement deletes Senate bill language that requires, as a 
     condition of accepting such funds, the Providence and 
     Worcester Railroad to reimburse Amtrak and/or the Federal 
     Railroad Administration, on a dollar-for-dollar basis, up to 
     the first $28,000,000, if damages occur in vertical 
     clearances in excess of those required for present freight 
     operations. The House bill contained no similar provision.

     Capital Grants to the National Railroad Passenger Corporation

       The conference agreement provides $609,230,000 for Capital 
     grants to the National Railroad Passenger Corporation 
     (Amtrak) as proposed by the House instead of $555,000,000 as 
     proposed by the Senate. All funding is to remain available 
     until expended as proposed by the House.
       The conference agreement deletes a number of language 
     provisions included in either the House or the Senate bills. 
     These include: (1) language that allocates not less than 
     $200,000,000 for the Northeast Corridor Improvement Program 
     and $355,000,000 for capital grants as proposed by the 
     Senate; (2) language that limits the availability of funding 
     for the Northeast Corridor Improvement Program to September 
     30, 2001 as proposed by the Senate; (3) language proposed by 
     the House that requires the House and Senate Committees on 
     Appropriations to approve Amtrak's capital plan prior to the 
     release of this capital appropriation and funding made 
     available from section 977 of the Taxpayer Relief Act; (4) 
     language proposed by the Senate which identifies those 
     activities on which capital grants may be expended; and (5) 
     language proposed by the Senate that prohibits Amtrak from 
     obligating more than $222,000,000 prior to September 30, 
     1999.
       Northeast Corridor improvement program.--The conference 
     agreement does not provide a specific earmark for the 
     Northeast Corridor Improvement Program. Amtrak has the 
     flexibility to allocate whatever amount it believes is 
     necessary for this project in fiscal year 1999.
       Amtrak shall work closely with the Northeast Corridor 
     communities, as well as state transit officials and owners of 
     the track, to identify danger spots and install perimeter 
     fencing along the Corridor, wherever it is needed. In 
     particular, Amtrak should focus on increased community 
     coordination in urbanized areas where there have been 
     problems or where community concerns have been expressed, 
     such as Attleboro, Foxboro, Mansfield, and Sharon, 
     Massachusetts.
       Capital definition.--The conference agreement considered, 
     but rejected as too broad, the expanded capital definition. 
     However, Amtrak should be permitted to expend its fiscal year 
     1999 appropriated capital grant on maintenance of existing 
     equipment as well as for capital improvements. Amtrak is 
     already authorized to expend funds received under section 977 
     of the Taxpayer Relief Act for maintenance of equipment. 
     Since this authority was already granted in a previous Act, 
     there is a legislative precedent for Amtrak to expend its 
     appropriated capital grants for equipment maintenance.
       Rail signalization upgrade in Vermont.--Signaling on the 
     main rail line between Brattleboro and White River Junction, 
     Vermont needs to be upgraded. Amtrak is currently negotiating 
     with the State of Vermont and the New England Central 
     Railroad to upgrade the pole line signal system to an 
     electronic control system. The entire system is estimated to 
     cost $500,000. Amtrak is urged to continue negotiating with 
     the affected parties. However, these costs should be shared 
     among the users of the system and the state, and not be borne 
     solely by Amtrak.
       Erie, Pennsylvania station improvements.--Amtrak currently 
     leases a small portion of a train station in Erie, 
     Pennsylvania to provide service for the Lake Shore Limited. 
     This station is in need of repairs to the platforms, 
     canopies, and lights and requires better access to the tracks 
     to comply with the Americans with Disabilities Act. This work 
     is not currently included within Amtrak's capital plan; 
     however, Amtrak has a set-aside of $15,000,000 for leveraging 
     state and local partnerships. Amtrak is strongly encouraged 
     to consider funding rehabilitation and renovations at the 
     Erie, Pennsylvania station when selecting projects for state 
     and local partnerships in fiscal year 1999.
       High-speed rail improvements outside the Northeast 
     Corridor.--Amtrak has been working with the Commonwealth of 
     Virginia to identify improvements necessary on track between 
     Washington, D.C. and Richmond, Virginia so that passenger 
     trains could operate at higher speeds. Amtrak is directed to 
     report its findings and the estimated costs to do this work 
     to the House and Senate Committees on Appropriations by March 
     1, 1999.
       Las Vegas to Los Angeles service.--Amtrak has been working 
     with the freight railroads, and the states of California and 
     Nevada to begin passenger rail service between Las Vegas and 
     Los Angeles early in 1999. The conferees are supportive of 
     this project and expect that the number of capitalization 
     issues surrounding necessary infrastructure upgrades for 
     Amtrak to operate on this route will be quickly resolved.

                     FEDERAL TRANSIT ADMINISTRATION


                        administrative expenses

       The conference agreement provides $54,000,000 for 
     administrative expenses of the Federal Transit Administration 
     as proposed by both the House and the Senate. Within this 
     total, the conference agreement appropriates $10,800,000 from 
     the general fund and $43,200,000 from the Highway Trust Fund, 
     as proposed by both the House and the Senate. The conference 
     agreement provides that the general fund appropriation shall 
     be available until expended.
       The agreement includes a provision that transfers $800,000 
     from funds made available for project management oversight 
     activities

[[Page H11488]]

     to the Inspector General to reimburse costs associated with 
     audit and financial reviews of major transit projects, 
     instead of $750,000 as proposed by the House and $1,000,000 
     as proposed by the Senate.
       Full-time equivalent (FTE) staff years.--The conference 
     agreement provides that the FTE level in fiscal year 1999 
     shall not rise in excess of 485 FTE. This level shall be 
     sufficient to cover the additional administrative 
     requirements imposed upon the Federal Transit Administration 
     by TEA21. The House and Senate Committees on Appropriations 
     will consider personnel increases above this level on an 
     annual basis.
       Project management oversight.--Within the funds provided 
     for section 23, the FTA shall increase its financial 
     management oversight activities and perform financial 
     capacity reviews to identify critical funding deficiencies or 
     inadequate financing plans before such funding deficiencies 
     materialize. In addition, the FTA shall more fully utilize 
     new and existing management tools, like the triennial review 
     information system and the oversight tracking system; 
     identify and monitor regional office performance of grant 
     management and that of individual grantees; and report to 
     the House and Senate Committees on Appropriations by 
     December 1, 1999 the steps taken to comply with the 
     directives contained in the House report.
       The conference agreement includes sufficient funds for the 
     continued development of the electronic grant making and 
     management system.

                             Formula Grants

       The conference agreement provides a total program level of 
     $2,850,000,000 for transit formula grants, as proposed by 
     both the House and the Senate. Within this total, the 
     conference agreement appropriates $570,000,000 from the 
     general fund as proposed by both the House and the Senate. 
     The conference agreement provides that the general fund 
     appropriation shall be available until expended.
       The conference agreement deletes language proposed by the 
     Senate that would have made available up to $10,000,000 of 
     funds provided for the clean fuel formula grant program for 
     projects that include payments for incremental costs of 
     biodiesel fuels, and that such incremental costs shall be 
     limited to the cost difference between the cost of 
     alternative fuels and their petroleum-based alternatives. The 
     House bill contained no similar provisions.
       The conference agreement provides that funding made 
     available for the clean fuel formula grant program under this 
     heading shall be transferred to and merged with funding 
     provided for the replacement, rehabilitation, and purchase of 
     buses and related equipment and the construction of bus-
     related facilities under ``Federal Transit Administration, 
     Capital investment grants''.
       The FTA, when evaluating the local financial commitment of 
     new rail extension or busway projects, shall consider the 
     extent to which the projects' sponsors have used the 
     appreciable increases in the formula grants apportionments 
     for alternative analyses and preliminary engineering 
     activities of such systems.
       Los Angeles County Metropolitan Transportation Authority.--
     Of the funds apportioned to Los Angeles, California, 
     $25,000,000 is expected to be expended in the most cost 
     effective manner for the purchase of new and reliable clean 
     fuel vehicles (as defined in 49 U.S.C. 5308(a)(1)) to comply 
     with the bus consent decree.
       San Francisco, California and the Presidio.--The City of 
     San Francisco and the municipal transportation authority is 
     expected to ensure that necessary and ample public 
     transportation services are available to the Presidio, its 
     visitors and workers, and the surrounding community.
       Coordination between public transit agencies and human 
     service agencies.--The Secretary of Transportation, working 
     with the Secretary of Health and Human Services through the 
     DOT/HHS Coordinating Council, should work to advance joint 
     efforts to create State and regional planning guidelines 
     which promote transportation coordination between public 
     transit agencies and human service transportation providers. 
     The joint planning guidelines taskforce is encouraged to work 
     with Madison METRO and the coalition for paratransit 
     solutions to ensure timely public transit agency input and 
     dissemination of planning guidelines.

                   University Transportation Research

       The conference agreement provides a total program level of 
     $6,000,000 for university transportation research as proposed 
     by both the House and the Senate. Within the total, the 
     conference agreement appropriates $1,200,000 from the general 
     fund as proposed by both the House and the Senate. The 
     conference agreement provides that the general fund 
     appropriation shall be available until expended.

                     Transit Planning and Research

       The conference agreement provides a total program level of 
     $98,000,000 for transit planning and research as proposed by 
     the House and the Senate. Within the total, the conference 
     agreement appropriates $10,800,000 from the general fund as 
     proposed by both the House and the Senate. The conference 
     agreement provides that the general fund appropriation shall 
     be available until expended.
       Within the funds appropriated for transit planning and 
     research, $5,250,000 is provided for rural transportation 
     assistance; $4,000,000 is provided for the National Transit 
     Institute; $8,250,000 is provided for transit cooperative 
     research; $43,841,600 is provided for metropolitan planning; 
     $9,158,400 is provided for state planning and research; and 
     $27,500,000 is provided for national planning and research.
       Within the funding level provided for national planning and 
     research, the Federal Transit Administration shall make 
     available the following amounts for the programs and 
     activities listed below:

City of Branson, Missouri congestion study.....................$450,000
Skagit County, Washington North Sound connecting communities project, 
  Skagit County Council of Governments...........................50,000
Desert air quality comprehensive analysis, Las Vegas, Neveda..1,000,000
Vegetation control on rail rights-of-way survey.................250,000
Zinc-air battery bus technology demonstration.................1,500,000
North Orange-South Seminole County, Florida fixed guideway techn750,000
Galveston, Texas fixed guideway activities......................750,000
Washoe County, Nevada transit technology......................1,250,000
MBTA, Massachusetts advanced electric transit buses and related 
  infrastructure..............................................1,500,000
Palm Springs, California fuel cell buses......................1,000,000
Gloucester, Massachusetts intermodal technology center........1,500,000
SEPTA, Philadelphia, Pennsylvania advanced propulsion control 2,000,000
Project ACTION................................................3,000,000
Advanced transportation and alternative fueled vehicle technology 
  consortium (CALSTART).......................................2,000,000
Rural transportation assistance program.........................750,000
JOBLINKS......................................................1,000,000
Fleet operations, including bus rapid transit.................1,500,000
Northern tier community transportation, Massachusetts...........500,000
Hennepin County community transportation, Minnesota...........1,000,000
Seattle, Washington livable city................................200,000

       Fuel cell bus and bus facilities program.--None of the 
     funds available under this heading shall supplement funding 
     provided under section 3015(b) of Public Law 105-178 for the 
     fuel cell bus and bus facilities program.
       Advanced transportation and alternative fueled vehicle 
     technology consortium (CALSTART).--Of the funds made 
     available for the advanced transportation and alternative 
     fueled vehicle technology program (CALSTART), not less than 
     $500,000 shall be available to the Santa Barbara electric 
     transportation institute.
       The conference agreement provides sufficient funding for 
     developmental work for the electronic grants making and 
     management system and critical safety programs.

                      Trust Fund Share of Expenses


                (liquidation of contract authorization)

                          (highway trust fund)

       The conference agreement provides $4,251,800,000 in 
     liquidating cash for the trust fund share of transit expenses 
     instead of $2,446,200,000 as proposed by both the House and 
     the Senate. This amount provides liquidating cash for new TEA 
     21 programs.

                       Capital Investment Grants


                     (including transfer of funds)

       The conference agreement provides a total program level of 
     $2,257,000,000 for capital investment grants, as proposed by 
     both the House and the Senate. Within the total, the 
     conference agreement appropriates $451,400,000 from the 
     general fund as proposed by both the House and Senate. The 
     conference agreement provides that the general fund 
     appropriation shall be available until expended.
       Within the total program level, $902,800,000 is provided 
     for fixed guideway modernization; $451,400,000 is provided 
     for the replacement, rehabilitation, and purchase of buses 
     and related equipment and the construction of bus-related 
     facilities; and $902,800,000 is provided for new fixed 
     guideway systems, as proposed by both the House and the 
     Senate. Funds derived from the formula grants program 
     totaling $50,000,000 are to be transferred and merged with 
     funds provided for the replacement, rehabilitation, and 
     purchase of buses and related equipment and the construction 
     of bus-related facilities under this heading.
       The conference agreement deletes language proposed by the 
     Senate that would have required the Administrator of the 
     Federal Transit Administration, not later than sixty days 
     after the enactment of this Act, to individually submit to 
     the congressional transit appropriations and authorization 
     committees the recommended grant funding levels for the 
     respective bus and bus-related facilities projects listed in 
     the Senate bill.

[[Page H11489]]

     The House bill contained no similar provision.
       The conference agreement includes a provision that makes 
     funds provided in the fiscal year 1998 Department of 
     Transportation and Related Agencies Appropriations Act for 
     the Strawberry Hill/Diamond Branch rail project available for 
     the Laurel rail line project in Lackawanna County, 
     Pennsylvania. The Senate bill contained no similar provision.
       Three-year availability of section 5309 discretionary 
     funds.--The FTA shall not reallocate funds provided in the 
     fiscal years 1995 or 1996 Department of Transportation and 
     Related Agencies Appropriations Acts for the Whitehall ferry 
     terminal, or funds provided in fiscal year 1996 for the 
     Memphis, Tennessee medical extension project, the Burlington-
     Gloucester commuter rail project, or the New Orleans Canal 
     Street corridor project.
       Further, should additional funds from previous 
     appropriations Acts be available for reallocation, the FTA is 
     directed to reprogram these funds after notification to and 
     approval of the House and Senate Committees on Appropriations 
     and only to the extent that those projects are able to fully 
     obligate additional resources in the course of fiscal year 
     1999. With respect to reallocation of discretionary bus 
     funds, the FTA is directed to reallocate funds only to those 
     projects identified in the Department of Transportation and 
     Related Agencies Appropriations Act, 1999, after notification 
     to and approval of the House and Senate Committees on 
     Appropriations.
       Reprogrammings.--The conference agreement approves the 
     department's request to reprogram fiscal year 1997 section 
     5309 bus funds originally provided for Reston, Virginia's 
     internal bus system and to make them available for continued 
     construction of the western regional park and ride lot in 
     Loudoun County, Virginia. The conference agreement also 
     approves the department's request to reprogram fiscal year 
     1989 rail modernization funds originally provided for the 
     University City Station in Philadelphia to the Eastwick 
     Intermodal Center project.
       Bus and bus-related facilities.--The conference agreement 
     provides $451,400,000, together with $50,000,000 transferred 
     from ``Federal Transit Administration, Formula grants'' and 
     merged with funding provided under this heading for the 
     replacement, rehabilitation and purchase of buses and related 
     equipment and the construction of bus-related facilities, to 
     be distributed as follows:


    Bus and Bus Facilities Project Designations for Fiscal Year 1999


        State and Project                                    Conference
Alaska:
  Anchorage Ship Creek intermodal facility...................$4,300,000
  Fairbanks intermodal rail/bus transfer facility.............2,000,000
  North Slope Borough buses.....................................500,000
  Whittier intermodal facility and pedestrian overpass..........700,000
Alabama:
  Birmingham intermodal facility..............................2,000,000
  Birmingham-Jefferson County, buses..........................1,250,000
  Dothan Wiregrass Transit Authority demand response shuttle vehicles 
    and transit facility........................................500,000
  Huntsville, intermodal space centers........................5,000,000
  Huntsville, transit facility................................1,000,000
  Jasper buses...................................................50,000
  Lee-Russell Council buses.....................................790,000
  Mobile, GM&O building.......................................5,000,000
  Montgomery Union Station intermodal center and buses........5,000,000
  Pritchard, bus transfer facility..............................500,000
  Tuscaloosa, intermodal center...............................1,950,000
  University of North Alabama pedestrian walkways...............800,000
Arkansas:
  Arkansas Highway and Transit Department buses.................200,000
  Fayetteville, University of Arkansas Transit System buses.....500,000
  Hot Springs, transportation depot and plaza...................560,000
  Little Rock, Central Arkansas Transit buses...................300,000
  Statewide bus needs.........................................1,500,000
Arizona:
  Phoenix bus and bus facilities..............................4,000,000
  Tucson alternatively fueled buses...........................2,000,000
  Tucson intermodal facility..................................1,000,000
California:
  Central Contra Costa County transit vans......................200,000
  Culver City, CityBus buses..................................1,250,000
  Davis, Unitrans transit maintenance facility..................625,000
  Davis/Sacramento area hydrogen bus technology program.........950,000
  Folsom multimodal facility..................................1,000,000
  Healdsburg, intermodal facility.............................1,000,000
  Humboldt, intermodal facility...............................1,000,000
  Huntington Beach buses........................................200,000
  I-5 corridor intermodal transit centers.....................2,500,000
  Lake Tahoe intermodal transit center..........................500,000
  Livermore automatic vehicle locator program.................1,000,000
  Los Angeles County Metropolitan transportation authority bus3,000,000
  Los Angeles Foothills Transit maintenance facility..........1,000,000
  Los Angeles municipal transit operators consortium..........2,500,000
  Los Angeles, Union Station Gateway Intermodal Transit Center1,250,000
  Modesto, bus maintenance facility...........................1,355,000
  Monterey, Monterey-Salinas buses..............................625,000
  Morongo Basin, Transit Authority bus facility.................650,000
  North San Diego County transit district buses...............1,750,000
  Perris, bus maintenance facility............................1,250,000
  Riverside Transit Agency buses and facilities and ITS applic1,000,000
  Sacramento, CNG buses.......................................1,250,000
  San Bernardino buses........................................1,000,000
  San Diego City College multimodal center (12th Avenue/College 
    Station)..................................................1,000,000
  San Fernando Valley smart shuttle buses.......................300,000
  San Francisco, Islais Creek maintenance facility............1,250,000
  San Joaquin (Stockton) buses and bus facilities.............1,000,000
  Santa Clara Valley Transportation Authority buses and bus fa1,000,000
  Santa Clarita transit maintenance facility..................2,250,000
  Santa Cruz metropolitan bus facilities........................625,000
  Santa Cruz transit facility.................................1,000,000
  Santa Rosa/Cotati, and Rohnert Park facilities................750,000
  Santa Rosa/Cotati, intermodal transportation facilities.......750,000
  Solano Links intercity transit consortium...................1,000,000
  Ukiah Transit Center..........................................500,000
  Windsor, Intermodal Facility..................................750,000
  Woodland Hills, Warner Center Transportation Hub..............325,000
  Yolo County, bus facility...................................1,200,000
Colorado:
  Boulder/Denver, RTD buses.....................................625,000
  Colorado buses and bus facilities...........................6,800,000
  Denver, Stapleton Intermodal Center.........................1,250,000
Connecticut:
  Hartford, Transportation Access Project.......................800,000
  New Haven, bus facility.....................................2,250,000
  Norwich, buses..............................................2,250,000
  Waterbury, bus facility.....................................2,250,000
District/Columbia:
  Fuel cell bus and bus facilities program (section 3015(b))..4,850,000
  Washington, D.C. Intermodal Transportation Center...........2,500,000
Delaware: Delaware statewide buses............................1,000,000
Florida:
  Broward County, buses.......................................1,000,000
  Clearwater multimodal facility..............................2,500,000
  Daytona Beach, Intermodal Center............................2,500,000
  Gainesville buses and equipment.............................1,500,000
  Jacksonville buses and bus facilities.......................1,000,000
  Lakeland, Citrus Connection transit vehicles and related equ1,250,000
  Lynx buses and bus facilities...............................1,000,000
  Miami, bus security and surveillance........................1,000,000
  Miami Beach multimodal transit center.......................1,000,000
  Miami Beach, Electric Shuttle Service.........................750,000
  Miami-Dade, buses...........................................2,250,000
  Orlando, Intermodal Facility................................2,500,000
  Tampa Hartline buses........................................1,250,000
Georgia:
  Atlanta, MARTA buses.......................................12,000,000
  Savannah/Chatham Area transit bus transfer centers and buses3,500,000
Hawaii: Honolulu, bus facility and buses......................3,250,000

[[Page H11490]]

Illinois:
  Illinois statewide buses and bus-related equipment..........6,800,000
  Rock Island, buses..........................................2,500,000
Indiana:
  City of East Chicago buses....................................200,000
  Gary, Transit Consortium buses..............................1,250,000
  Indianapolis, buses.........................................5,000,000
  South Bend, Urban Intermodal Transportation Facility........1,250,000
Iowa:
  Fort Dodge, Intermodal Facility (Phase II)....................885,000
  Iowa statewide buses and bus facilities.....................3,000,000
  Iowa/Illinois Transit Consortium bus safety and security....1,000,000
  Sioux City park and ride bus facility.......................1,800,000
Kansas: Johnson County bus maintenance/operations facility    2,000,000
Kentucky:
  Louisville, Kentucky University of Louisville and River City3,000,000
  Northern Kentucky Area Development District senior citizen bus100,000
  Owensboro buses...............................................200,000
  Southern and eastern Kentucky buses and bus facilities......2,000,000
Louisiana: Statewide buses and bus-related facilities........11,000,000
Massachusetts:
  Essex and Middlesex buses...................................3,128,000
  New Bedford/Fall River Mobile Access to health care...........250,000
  Pittsfield intermodal center................................4,600,000
  Springfield, Union Station..................................1,250,000
  Westfield intermodal center.................................2,000,000
  Worcester, Union Station Intermodal Transportation Center...2,500,000
Maryland: Maryland statewide bus facilities and buses........10,000,000
Michigan:
  Lansing, CATA bus technology improvements.....................600,000
  Michigan statewide buses...................................10,000,000
Minnesota:
  Duluth, Transit Authority community circulation vehicles....1,000,000
  Duluth, Transit Authority intelligent transportation systems..500,000
  Duluth, Transit Authority Transit Hub.........................500,000
  Northstar Corridor, Intermodal Facilities and buses.........6,000,000
  Twin Cities area metro transit buses and bus facilities.....9,500,000
Missouri:
  Kansas City Union Station redevelopment.....................2,500,000
  OATS Transit................................................2,500,000
  Southwest Missouri State University park and ride facility..1,000,000
  St. Louis, Bi-state Intermodal Center.......................1,250,000
  Statewide bus and bus facilities............................4,500,000
Mississippi:
  Harrison County multimodal center/hybrid electric shuttle bu1,900,000
  High Street, Jackson intermodal center......................2,000,000
  Jackson buses and facilities................................1,600,000
Montana: Butte bus replacements                               1,500,000
Nevada:
  Clark County Regional Transportation Commission buses and bus 
    facilities................................................2,615,000
  Reno, RTC transit passenger and facility security improvemen1,250,000
  Washoe County, transit improvements.........................2,250,000
:New Hampshire:
  Berlin Tri-County Community Action transit garage.............120,000
  Carroll County transportation alliance buses..................200,000
  Concord Area Transit buses....................................750,000
  Greater Laconia Transit Agency buses..........................450,000
  Keene HCS community care buses and equipment..................100,000
  Lebanon advance transit buses.................................150,000
  Statewide transit systems...................................1,000,000
New Jersey:
  New Jersey Transit jitney shuttle buses.....................1,750,000
  Newark, Morris & Essex Station access and buses.............1,250,000
  South Amboy, Regional Intermodal Transportation Initiative..1,250,000
  Statewide alternatively fueled vehicles.....................7,500,000
New Mexico:
  Albuquerque, buses, paratransit vehicles, and bus facility..3,750,000
  Northern New Mexico park and ride facilities................2,000,000
New York:
  Babylon, Intermodal Center..................................1,250,000
  Brookhaven Town, elderly and disabled buses and vans..........225,000
  Brooklyn-Staten Island, Mobility Enhancement buses............800,000
  Broome County buses and fare collection equipment.............900,000
  Buffalo, Auditorium Intermodal Center.......................3,000,000
  Dutchess County, Loop System buses............................521,000
  East Hampton, elderly and disabled buses and vans.............100,000
  Ithaca, TCAT bus technology improvements....................1,250,000
  Long Beach central bus facility...............................750,000
  Long Island, CNG transit vehicles and facilities and bus rep1,250,000
  Mineola/Hicksville, LIRR Intermodal Centers.................1,250,000
  Nassau County CNG buses.....................................1,000,000
  New York City Midtown West Ferry Terminal...................1,500,000
  New York, West 72nd St. Intermodal Station..................1,750,000
  Niagara Frontier Transportation Authority Hublink.............500,000
  Rensselaer intermodal bus facility..........................1,000,000
  Riverhead, elderly and disabled buses and vans................125,000
  Rochester central bus facility..............................1,000,000
  Rome, Intermodal Center.......................................400,000
  Shelter Island, elderly and disabled buses and vans...........100,000
  Smithtown, elderly and disabled buses and vans................125,000
  Southhampton, elderly and disabled buses and vans.............125,000
  Southold, elderly and disabled buses and vans.................100,000
  Suffolk County, elderly and disabled buses and vans...........100,000
  Syracuse CNG buses and facilities...........................2,000,000
  Ulster County bus facilities and equipment..................1,000,000
  Utica and Rome, bus facilities and buses......................500,000
  Utica, Union Station........................................2,100,000
  Westchester County, Bee-Line transit system fareboxes.........979,000
  Westchester County, Bee-Line transit system shuttle buses...1,000,000
  Westchester County, DOT articulated buses...................1,250,000
North Carolina:
  Greensboro, Multimodal Center...............................3,340,000
  Greensboro, Transit Authority buses.........................1,500,000
  Greensboro, Transit Authority small buses and vans............321,000
  Statewide buses and bus facilities..........................5,000,000
North Dakota:..........................................................
  Statewide buses and bus-related facilities..................2,000,000
Ohio:
  Cleveland, Triskett Garage bus maintenance facility...........625,000
  Dayton, Multimodal Transportation Center......................625,000
  Statewide buses and bus facilities.........................12,000,000
  Toledo Mud Hens transit center study..........................200,000
Oklahoma:..............................................................
  Oklahoma statewide bus facilities and buses.................5,000,000
Oregon:
  Lane County, Bus Rapid Transit..............................4,400,000
  Portland, Tri-Met buses.....................................1,750,000
  Rogue Valley transit district bus purchase..................1,000,000
  Salem area mass transit system buses........................1,000,000
  Wilsonville, buses and shelters...............................400,000
Pennsylvania:
  Altoona bus testing facility (section 3009).................3,000,000

[[Page H11491]]

  Altoona, Metro Transit Authority buses and transit system 
    improvements................................................842,000
  Altoona, Metro Transit Authority Logan Valley Mall Suburban Transfer 
    Center.......................................................80,000
  Altoona, Metro Transit Authority Transit Center improvements..424,000
  Altoona, pedestrian crossover.................................800,000
  Armstrong County-Mid County, 'PA bus facilities and buses.....150,000
  Beaver County bus facility..................................1,000,000
  Bradford County, Endless Mountain Transportation Authority b1,000,000
  Cambria County, bus facilities and buses......................575,000
  Centre Area, Transportation Authority buses.................1,250,000
  Chambersburg, Transit Authority buses.........................300,000
  Chambersburg, Transit Authority Intermodal Center...........1,000,000
  Chester County, Paoli Transportation Center.................1,000,000
  Crawford Area, Transportation buses...........................500,000
  Erie, Metropolitan Transit Authority buses..................1,000,000
  Fayette County, Intermodal Facilities and buses.............1,270,000
  Lackawanna County, Transit System buses.......................600,000
  Mercer County, buses..........................................750,000
  Monroe County, Transit Authority buses......................1,000,000
  Philadelphia, Frankford Transportation Center...............5,000,000
  Philadelphia, Intermodal 30th Street Station................1,250,000
  Philadelphia, Regional Transportation System for Elderly and D750,000
  Reading, BARTA Intermodal Transportation Facility...........1,750,000
  Red rose, Transit Bus Terminal..............................1,000,000
  Robinson, Towne Center Intermodal Facility..................1,500,000
  Schuylkill County buses.......................................220,000
  Somerset County, bus facilities and buses.....................175,000
  Towamencin Township, Intermodal Bus Transportation Center...1,500,000
  Washington County, Intermodal Facilities......................630,000
  Westmoreland County, Intermodal Facility......................200,000
  Wilkes-Barre, Intermodal Facility...........................1,250,000
  Williamsport, Bus Facility..................................1,200,000
Puerto Rico:...........................................................
  San Juan Intermodal access....................................950,000
Rhode Island:
  Providence, buses and bus maintenance facility..............2,250,000
  Rhode Island Public Transit Authority buses.................3,200,000
South Carolina:
  Columbia Bus replacement....................................1,100,000
  Pee Dee buses and facilities................................1,250,000
  South Carolina statewide Virtual Transit Enterprise.........1,220,000
  Spartanburg buses and facilities............................1,000,000
South Dakota:
  Computerized bus dispatch system, radios, money boxes, and lift 
    replacements................................................800,000
  Sioux Falls buses...........................................1,000,000
  South Dakota statewide bus facilities and buses.............3,500,000
Tennessee: Statewide buses and bus facilities.................2,000,000
Texas:
  Austin, buses...............................................2,250,000
  Brazos Transit Authority buses and facilities...............1,500,000
  Corpus Christi transit authority buses and facilities.......1,000,000
  Dallas Area Rapid transit buses.............................2,750,000
  Fort Worth bus and paratransit vehicle project..............2,500,000
  Galveston buses and bus facilities..........................1,000,000
  Texas statewide small urban and rural buses.................6,000,000
Utah:
  Ogden, Intermodal Center......................................800,000
  Utah Hybrid electric vehicle bus purchase...................1,500,000
  Utah Transit Authority, Intermodal Facilities...............1,500,000
  Utah Transit Authority/Park City Transit, buses.............6,500,000
Vermont:
  Brattleboro Union Station multimodal center.................2,500,000
  Burlington intermodal center................................1,000,000
  Deerfield Valley Transit authority............................500,000
Virginia:
  Alexandria, bus maintenance facility and Crystal City canopy1,000,000
  Alexandria, King Street Station access......................1,100,000
  Harrisonburg, buses...........................................200,000
  Lynchburg, buses..............................................200,000
  Richmond, GRTC bus maintenance facility.....................1,250,000
  Roanoke, buses................................................200,000
  Statewide buses and bus facilities.........................10,000,000
Washington:
  Anacortes ferry terminal information system...................500,000
  Ben Franklin transit operating facility.....................1,000,000
  Bremerton transportation center.............................1,000,000
  Central Puget Sound Seattle bus program.....................8,000,000
  Chelan-Douglas multimodal center..............................900,000
  Everett, Multimodal Transportation Center...................1,950,000
  Grant County, buses and vans..................................600,000
  Mount Vernon, Multimodal Center.............................1,750,000
  Port Angeles center.........................................1,000,000
  Seattle, Intermodal Transportation Terminal.................1,250,000
  Snohomish County, Community transit buses...................1,000,000
  Tacoma Dome, buses and bus facilities.......................1,750,000
  Thurston County intercity buses.............................1,000,000
  Vancouver, Clark County (C-Tran) bus facilities.............1,000,000
Wisconsin:
  Milwaukee County, buses.....................................4,000,000
  Wisconsin statewide bus facilities and buses...............12,875,000
West Virginia:
  Huntington, Intermodal Facility.............................8,000,000
  West Virginia statewide Intermodal Facility and buses.......6,500,000

       Alexandria, Virginia, bus maintenance facility and Crystal 
     City canopy project.--The relocation of the bus depots in 
     Arlington and Alexandria is required to serve more 
     efficiently the changing employment and population locations 
     within Northern Virginia. Several depot sites have been 
     identified for design and construction analysis and the 
     Crystal City canopy project has been selected for 
     construction to provide enhanced intermodal transfer 
     opportunities and greater transit access to and integration 
     with existing and reconfigured bus routes to benefit transit 
     patrons in surrounding communities. The $1,000,000 provided 
     in this Act for the Alexandria bus maintenance facility shall 
     be used to analyze depot sites and related bus route 
     configurations, as well as the canopy project.
       Buffalo, New York.--Funds provided in the fiscal years 
     1995, 1996 and 1997 Department of Transportation and Related 
     Agencies Appropriations Acts for the Crossroads Intermodal 
     Station shall be available for the Buffalo Auditorium 
     Intermodal Center.
       State of Colorado.--Of the amount provided for buses and 
     bus facilities in the State of Colorado, no more than 
     $1,250,000 shall be available for the Denver Stapleton 
     intermodal center, and no more than $625,000 shall be 
     available for Boulder/Denver RTD buses.
       Fuel cell bus and bus facilities program.--Funds provided 
     in this Act for the fuel cell bus and bus facilities program 
     shall be available only for research and development of fuel 
     cell buses and directly related support facilities and 
     equipment in accordance with FTA policy and regulation.
       Galveston, Texas.--The $2,000,000 provided in the fiscal 
     year 1998 Department of Transportation and Related Agencies 
     Appropriations Act for alternatively fueled vehicles for 
     Galveston, Texas shall also be available for alternative 
     fueling stations, standard paratransit vehicles, the downtown 
     multimodal transportation terminal and eligible costs of 
     contracting out of private sector transportation providers.
       Honolulu, Hawaii.--The FTA is directed to make available 
     funding provided in the fiscal year 1996 Department of 
     Transportation and Related Agencies Appropriations Act for 
     the Kuakini medical facility parking garage in Honolulu, 
     Hawaii to the City of Honolulu for buses and bus facilities.
       Lackawanna, Pennsylvania.--Funds provided in the fiscal 
     year 1998 Department of Transportation and Related Agencies 
     Appropriations Act for Lackawanna, Pennsylvania paratransit 
     vans shall be available for an intermodal bus facility in 
     Lackawanna, Pennsylvania.
       State of Louisiana.--The conference agreement includes 
     $11,000,000 for buses and bus-related facilities for the 
     State of Louisiana to be distributed as follows: Baton Rouge, 
     $200,000; Jefferson Parish, $350,000; Lafayette,

[[Page H11492]]

     $425,000; Louisiana DOTD, including the purchase of vans, 
     $650,000; Monroe, $450,000; New Orleans, $8,075,000; 
     Shreveport, $400,000; state infrastructure bank, transit 
     account, $350,000; and St. Tammany Parish, $100,000.
       Nashville, Tennessee.--Funds provided in the fiscal year 
     1996 Department of Transportation and Related Agencies 
     Appropriations Act for electric buses in Nashville, Tennessee 
     shall be available for the purchase of alternatively fueled 
     buses or bus-related facilities.
       Saint Barnard Parish, Louisiana.--The FTA is directed not 
     to reprogram funds provided in the fiscal year 1996 
     Department of Transportation and Related Agencies 
     Appropriations Act for an intermodal facility in Saint 
     Barnard Parish, Louisiana. The conference agreement provides 
     that this project shall be eligible for funding under section 
     5309(m)(1)(c) of title 49 U.S.C.
       State of Tennessee.--Of the funds allocated to the State of 
     Tennessee, $1,000,000 shall be for the City of Chattanooga 
     for alternatively fueled buses.
       Commonwealth of Virginia.--The conference agreement 
     includes $10,000,000 for the Commonwealth of Virginia for 
     buses and bus facilities of which $5,955,000 shall be 
     distributed as follows: Falls Church electric bus and bus 
     facilities, $400,000; Franconia-Springfield bus and bus 
     facilities, $650,000; Manassas Transit Depot park and ride 
     lot expansion, $280,000; Potomac and Rappahannock 
     Transportation Commission fleet replacement, $1,600,000; 
     Richmond Main Street Station, $2,000,000; Stringfellow Road/
     Interstate 66 park and ride lot improvements, $1,000,000; and 
     Warrenton Circuit Rider, $25,000.
       State of Wisconsin.--The conference agreement includes 
     $12,875,000 for the State of Wisconsin, of which $4,875,000 
     shall be distributed as follows: $2,075,000 for the Appleton, 
     Green Bay, Shawano, Menominee Tribe and Oneida Tribe; 
     $1,000,000 for the LaCross, Onalaska, Prairie DuChien, Rice 
     Lake, Viroqua and Ho Chuck Nation; $300,000 for Ashland, 
     Chippewa Falls, Eau Claire, Ladysmith, Marchfield, 
     Rhinelander, Rusk County, Stevens Point, Wausau and Wisconsin 
     Rapids; $1,000,000 for the Milwaukee intermodal facility 
     rehabilitation; and $500,000 for the Waukesha transit center. 
     In addition, $4,000,000 is provided for Milwaukee County.
       New fixed guideway systems.--The conference agreement 
     provides for the following distribution of the recommended 
     funding for new fixed guideway systems as follows:


        Project                                              Conference
Alaska or Hawaii ferry projects.............................$10,400,000
Albuquerque light rail project................................5,000,000
Atlanta-North Springs project................................52,110,000
Austin Capital metro project..................................1,000,000
Baltimore central downtown transit alternatives major investment500,000
Baltimore light rail double track project.....................1,000,000
Birmingham, Alabama alternatives analysis study and preliminary 
  engineering.................................................1,000,000
Boston North-South rail link project............................500,000
Boston urban ring project.......................................750,000
Burlington-Essex, Vermont commuter rail project...............2,000,000
Canton-Akron-Cleveland commuter rail project..................2,200,000
Charleston, South Carolina monobeam rail project..............2,200,000
Charlotte, North Carolina south-North corridor transitway proj3,000,000
Chicago Meta commuter rail extensions and upgrades project....6,000,000
Chicago Transit Authority Ravenswood and Douglas branch lines 3,000,000
Cincinnati Northeast/Northern Kentucky rail line project......1,800,000
Clark County, Nevada fixed guideway project...................4,000,000
Cleveland Berea Red Line extension to the Hopkins International Airport 
  project.....................................................1,000,000
Cleveland Euclid corridor improvement project.................2,000,000
Colorado-North Front Range corridor feasibility study...........500,000
Dallas-Fort Worth RAILTRAN project...........................12,000,000
DART North Central light rail extension project..............16,000,000
Dayton, Ohio light rail study.................................1,000,000
Denver Southwest Corridor project............................40,000,000
Denver Southeast Corridor multimodal corridor...................500,000
Dulles corridor project......................................17,000,000
Fort Lauderdale, Florida Tri-County commuter rail project.....4,000,000
Harrisburg, Pennsylvania capital area transit/corridor one pro1,000,000
Hartford, Connecticut light rail project......................1,500,000
Honolulu, Hawaii major investment analysis of transit alternat3,000,000
Houston advanced regional transit program.....................2,000,000
Houston regional bus project..................................2,000,000
Johnson County; Kansas I-35 commuter rail project.............1,000,000
Kansas City, Missouri commuter rail study.......................500,000
Kenosha-Racine-Milwaukee, Wisconsin commuter rail project.......500,000
King County, Washington Elliot Bay water taxi...................250,000
Knoxville, Tennessee electric transit project.................1,500,000
Largo, Maryland Metro Blue Line extension project.............1,000,000
Long Island Railroad East Side access project, New York......24,000,000
Little Rock, Arkansas Arkansas River rail project.............1,000,000
Los Angeles MOS-3 project....................................38,000,000
Massachusetts North Shore corridor project....................1,000,000
MARC commuter rail project...................................17,041,000
Maryland Route 5 corridor.....................................1,000,000
Memphis, Tennessee Medical Center rail extension project......2,200,000
Miami Metro-Dade Transit east-west corridor project...........3,000,000
Miami Metro-Dade North 27th Avenue corridor project...........3,000,000
Mid-City and East Side projects, Los Angeles..................8,000,000
Morgantown, West Virginia fixed guideway modernization........4,000,000
Nashville, Tennessee regional commuter rail project...........1,000,000
New Jersey urban core Hudson-Bergen LRT project..............70,000,000
New Jersey urban core Newark-Elizabeth rail link project......6,000,000
New London, Connecticut waterfront access project...............500,000
New Orleans Canal Street corridor project....................22,000,000
New Orleans Desire Streetcar project..........................2,000,000
Norfolk-Virginia Beach regional rail project..................8,000,000
Northeast Ohio commuter rail study, Phase 2.....................500,000
Northern Indiana South Shore commuter rail project............3,000,000
Oceanside-Escondido passenger rail project....................3,000,000
Old Saybrook-Hartford, Connecticut project......................500,000
Omaha, Nebraska trolley system................................1,000,000
Orange County, California transitway project..................2,500,000
Orlando Lynx light rail project..............................17,500,000
Philadelphia-Reading SEPTA Schuykill Valley Metro project.....3,000,000
Philadelphia SEPTA Cross County Metro project.................1,000,000
Phoenix metropolitan area transit project.....................5,000,000
Pittsburgh Allegheny County Stage II light rail project.......4,000,000
Pittsburgh North Shore central business district transit optio1,000,000
Portland-Westside/Hillsboro project..........................25,718,000
Puget Sound RTA Link light rail project.......................5,000,000
Puget Sound RTA Sounder commuter rail project................41,000,000
Raleigh-Durham-Chapel Hill Triangle Transit project..........10,000,000
Sacramento south corridor LRT project........................23,480,000
Salt Lake City South LRT project.............................70,000,000
Salt Lake City/Airport to University (West-East) light rail pr5,000,000
San Bernardino Metrolink extension project....................1,000,000
San Diego Mid-Coast corridor project..........................2,000,000
San Diego Mission Valley East light rail transit project......1,500,000
San Francisco BART extension to the airport project..........40,000,000
San Jacinto-Branch Line (Riverside County) project..............500,000
San Jose Tasman LRT project..................................27,000,000
San Juan Tren Urbano.........................................20,000,000
Savannah, Georgia water taxi....................................500,000
Sioux City micro rail trolley system............................250,000
South Boston Piers MOS-2 project.............................53,983,000
South Dekalb-Lindburgh corridor LRT project...................1,000,000
Southeast Michigan commuter rail viability project..............200,000
Spokane, Washington light rail project........................1,000,000

[[Page H11493]]

St Louis-Jefferson City-Kansas City, Missouri commuter rail proj500,000
St. Louis-St. Clair LRT extension project....................35,000,000
Stamford, Connecticut fixed guideway connector................1,000,000
Tampa Bay regional rail project...............................1,000,000
Twin Cities Transitways project..............................17,000,000
Virginia Rail Express Woodbridge station improvements project.2,000,000
West Trenton, New Jersey rail project.........................1,000,000

       Birmingham, Alabama transit project.--The conference 
     agreement provides $1,000,000 for an alternatives analysis 
     study and preliminary engineering in Birmingham, Alabama. 
     Birmingham is the most congested city in the state and has 
     been declared an EPA nonattainment area.
       Charlotte, North Carolina South-North corridor transitway 
     project.--The conference agreement includes $3,000,000 for 
     the Charlotte, North Carolina South-North corridor transitway 
     project, which extends 36.4 miles from Davidson, North 
     Carolina to Interstate 485 near Pineville, North Carolina.
       Chicago Transit Authority Ravenswood and Douglas Branch 
     lines.--The conferees have provided $3,000,000 for the 
     Chicago Transit Authority's (CTA) Ravenswood and Douglas 
     Branch lines. Funds are to be allocated to the individual 
     projects at the discretion of the CTA. The conference 
     agreement provides that, because of the nature of these 
     projects, of the requirements of 49 U.S.C. Sec. 5309(e), only 
     sections 5309(e)(1)(C) and 5309(e)(4) shall apply.
       Los Angeles MOS-3.--For fiscal year 1999, the conference 
     agreement provides new appropriations of $38,000,000 for the 
     North Hollywood segment, together with the $24,000,000 
     provided in the fiscal year 1998 Department of Transportation 
     and Related Agencies Appropriations Act. In total, 
     $62,000,000 shall be available for North Hollywood 
     construction in fiscal year 1999. In the conference report 
     accompanying the fiscal year 1998 Department of 
     Transportation and Related Agencies Appropriations Act, the 
     conferees then directed that the funds appropriated for the 
     Los Angeles Metro Rail project be made available only after 
     the LACMTA satisfied certain conditions, including the 
     development of a financially constrained rail recovery plan. 
     The LACMTA has satisfied the relevant conditions, and in 
     particular the FTA has accepted the MTA's recovery 
     (restructuring) plan, the DOT Inspector General has concurred 
     in that decision, and both the Inspector General and the GAO 
     have commented favorably on the MTA's progress.
       The LACMTA is expected to provide quarterly reports during 
     fiscal year 1999 to the FTA, the General Accounting Office, 
     the Inspector General, and the House and Senate Committees on 
     Appropriations that document the MTA's progress in 
     implementing the recovery (restructuring) plan, and that 
     specifically address: (1) the status, cost and funding 
     sources for completing the North Hollywood extension of the 
     MOS-3; (2) the status, cost and funding sources of current 
     and planned activities (e.g., bus purchases) designed to 
     comply with the bus consent decree; (3) the cost and funding 
     sources for other capital and operating activities described 
     in the plan, including the identification of any potential 
     capital or operating shortfalls and strategies for addressing 
     these shortfalls; and (4) the progress of the MTA's efforts 
     to develop transportation alternatives for the Mid-City and 
     East Side corridors.
       The recovery (restructuring) plan identifies federal, 
     state, and local funding for the North Hollywood project, the 
     bus consent decree, the Alameda Corridor, and other major 
     capital and operating projects, but the plan also reflects 
     capital and operating shortfalls over the six year period 
     covered by the plan. The LACMTA is expected to adhere to the 
     budgets and funding schedules established in the plan for the 
     funding of major capital activities, particularly the North 
     Hollywood project and the bus consent decree. If financial 
     shortfalls occur in the future, it is expected that those 
     shortfalls will be addressed in the context of other MTA 
     capital projects. It is also expected that the MTA will, to 
     the maximum extent feasible, implement the business plans 
     identified in its fiscal year 1998-99 budget.
       Miami Metro-Dade Transit Agency Metrorail Palmetto 
     extension project.--The FTA is directed to reprogram excess 
     funds from the Miami Metromover Stage 1 project to the 
     Palmetto extension project.
       Mid-City and East Side corridor projects, Los Angeles.--The 
     conference agreement provides $8,000,000 for continued 
     development of transportation alternatives in the Mid-City 
     and East Side corridors. None of the funds provided in this 
     Act may be expended for construction of heavy rail subway 
     envisioned in parts 1B and 1C of the full funding grant 
     agreement.
       New Orleans Desire Streetcar project.--The conference 
     agreement includes $2,000,000 for the New Orleans Desire 
     Streetcar project. Within the funds appropriated, up to 
     $500,000 shall be available for preliminary engineering and 
     environmental assessments for an upriver extension of the New 
     Orleans Riverfront Streetcar project.
       Portland-Westside/Hillsboro project.--The conference 
     agreement includes $25,718,000 for the Portland-Westside/
     Hillsboro project. Not more than $3,000,000 may be used for 
     ongoing activities of the South-North light rail project.
       Salt Lake City/Airport to University (West-East) project.--
     The conference agreement includes language that provides 
     that, for purposes of determining the local share for funding 
     provided in this Act for the Salt Lake City/Airport to 
     University (West-East) project, this project shall be 
     considered to be a program of interrelated projects. The 
     Senate proposed that funds provided in this Act and in the 
     fiscal year 1998 Department of Transportation and Related 
     Agencies Appropriations Act for the Salt Lake City South LRT 
     project and the Salt Lake City/Airport to University (West-
     East) project shall be considered to be a program of 
     interrelated projects. The House bill contained no similar 
     provision.
       San Bernardino, California MetroLink project.--The 
     conference agreement provides $1,000,000 for the San 
     Bernardino MetroLink project. Funds may be used to extend the 
     MetroLink track one mile from the San Bernardino train 
     station to a point opposite the San Bernardino stadium as 
     well as for the Fontana siding project. Funding shall be 
     allocated solely at the discretion of the Southern California 
     Regional Rail Authority.
       The FTA is directed to make available funding provided for 
     the San Bernardino MetroLink project in the fiscal year 1998 
     Department of Transportation and Related Agencies 
     Appropriations Act for activities related to track extensions 
     from the San Bernardino train station.
       South Transitway project, Houston, Texas.--The FTA is 
     directed to make funds in excess of the full funding grant 
     agreement for Houston's South Transitway available for 
     construction and related activities of segment five of the 
     South Transitway.


                       mass transit capital fund

                (liquidation of contract authorization)

                          (highway trust fund)

       The conference agreement provides $2,000,000,000 in 
     liquidating cash for mass transit capital programs, instead 
     of $1,805,600,000 as proposed by both the House and the 
     Senate. The liquidating cash in the Mass Transit Capital Fund 
     will be used to pay previous obligations in the trust-funded 
     Discretionary Grants account.


                          discretionary grants

               (highway trust fund, mass transit account)

                 (Rescission of contract authorization)

       The conference agreement includes under separate title the 
     rescission of $392,000,000 in contract authorization as 
     proposed by the Senate. The House proposed no similar 
     rescission.


                 job access and reverse commute grants

       The conference agreement includes a total program level of 
     $75,000,000 for job access and reverse commute grants. Within 
     this total, the conference agreement appropriates $35,000,000 
     from the general fund. The conference agreement provides that 
     the general fund appropriation shall be available until 
     expended.
       The conference agreement deletes the Senate references of 
     set-asides within the FTA's job access and reverse commute 
     grants program. However, the conferees are concerned about 
     the lack of transportation access in many rural areas for 
     welfare recipients and persons with lower incomes. According 
     to a recent Community Transportation Association of America 
     survey, two of every five rural counties have no public 
     transportation whatsoever. Another 25 percent of the rural 
     counties had service equal to one trip per month. Therefore, 
     within the $10,000,000 allocated for non-urban areas in 
     section 3037(l)(3)(C) of Public Law 105-178, the conferees 
     direct that the FTA shall give high priority to applications 
     that address the transportation access needs of counties that 
     are not served or are underserved by public transportation 
     systems. The FTA shall take into consideration factors 
     identified in the program's authorization, including: the 
     percentage of population that are welfare recipients; the 
     need for transportation services to move people from their 
     homes to employment centers; and coordination with existing 
     transportation providers and other agencies providing 
     transportation assistance.
       The Chicago area transportation system is directed to work 
     with the Regional Transportation Authority, Metra, the 
     Chicago Transit Authority, the Northeastern Illinois Regional 
     Planning Commission and members of the public to study and 
     report on the feasibility, costs, and benefits of building 
     additional Metra stops at the points Metra tracks either 
     cross or are near Chicago Transit Authority tracks and where 
     Metra stations can be better connected to each other or to 
     urban passengers.
       The FTA is directed to publish in the Federal Register by 
     February 28, 1999 its selection of Job Access and Reverse 
     Commute applications in each authorized award category and 
     within each award category. In this award announcement, FTA 
     shall specify the amounts awarded applicants that represent 
     general reverse commute grant projects. The FTA shall also 
     specify which awards reflect applications where proposed 
     services are located in counties which are without public 
     transportation services or which are significantly 
     underserved.


             washington metropolitan area transit authority

       The conference agreement provides $50,000,000 to complete 
     the construction of

[[Page H11494]]

     the Washington, D.C. Metrorail system as proposed by both the 
     House and the Senate. This appropriation concludes the 
     federal share of the costs to construct the Metrorail system.

             Saint Lawrence Seaway Development Corporation


                       operations and maintenance

                    (harbor maintenance trust fund)

       The conference agreement appropriates $11,496,000 for 
     operations and maintenance of the Saint Lawrence Seaway 
     Development Corporation as proposed by both the House and the 
     Senate. The only specified reduction from the budget estimate 
     is a decrease in the annual pilotage function costs, which 
     was included in both the House and Senate bills.

              Research and Special Programs Administration


                     research and special programs

       The conference agreement appropriates $29,280,000 for 
     research and special programs instead of $34,379,000 as 
     proposed by the House and $29,000,000 as proposed by the 
     Senate. Within this total, $3,460,000 is available until 
     September 30, 2001, as proposed by the Senate instead of 
     $8,460,000 as proposed by the House. The House bill provided 
     $5,000,000 for the advanced vehicle technologies program. 
     This funding is included elsewhere in the conference 
     agreement. The following adjustments were made to the budget 
     estimate:

Increase funding for hazardous materials research and developm+$200,000
Slight reduction in research and technology program............-175,000
Delete funding for Garrett Morgan program......................-200,000
Slight reduction IRM contract support...........................-75,000
Delete funding for electronic grants project...................-100,000
Delete funding for acquisition training resources...............-25,000
                                                       ________________
                                                       
  Net adjustment to budget estimate...........................-$375,000

       Bill language is retained that permits up to $1,200,000 in 
     fees be collected and deposited in the general fund of the 
     Treasury as offsetting receipts. Also, bill language is 
     included that permits funds received from States, counties, 
     municipalities, other public authorities and private sources 
     for expenses incurred for training, reports publication and 
     dissemination, and travel expenses incurred in the 
     performance of hazardous materials exemptions and approval 
     functions. Both of these provisions were contained in the 
     House and Senate bills.


                            pipeline safety

                         (pipeline safety fund)

                    (oil spill liability trust fund)

       The conference agreement provides total funding of 
     $33,248,000 for the pipeline safety program, instead of 
     $33,448,000 as proposed by the House and $32,500,000 as 
     proposed by the Senate. Within this total, $16,219,000 is 
     available until September 30, 2001 instead of $16,919,000 
     as proposed by both the House and the Senate.
       In addition, $1,400,000 has been provided from the reserve 
     fund for one-call notification, public education and damage 
     control activities, instead of $1,300,000 for one-call, 
     public education and emergency notification activities as 
     proposed by the House and $1,659,000 for one-call activities 
     and some contract programs as proposed by the Senate. The 
     following table reflects the total allocation for pipeline 
     safety in fiscal year 1999:

----------------------------------------------------------------------------------------------------------------
                                                                          Oil Spill                             
                     Budget activity                        Pipeline      Liability   Reserve fund      Total   
                                                           Safety Fund   Trust Fund        \1\                  
----------------------------------------------------------------------------------------------------------------
Personnel, compensation, and benefits...................    $7,947,000      $260,000  ............   $8,207,000 
Operating expenses......................................     3,613,000        45,000  ............    3,658,000 
Information systems.....................................       800,000       400,000  ............    1,200,000 
Risk assessment and technical studies...................       800,000       400,000  ............    1,200,000 
Compliance..............................................       200,000       100,000  ............      300,000 
Training and information dissemination..................       821,000       100,000  ............      921,000 
Emergency notification..................................       100,000  ............  ............      100,000 
Public education and damage control.....................  ............  ............    ($400,000)     (400,000)
Oil Pollution Act.......................................  ............     2,443,000  ............    2,443,000 
Research and development................................     1,719,000  ............  ............    1,719,000 
State grants............................................    12,500,000       500,000  ............   13,000,000 
Risk management.........................................       500,000  ............  ............      500,000 
One-call notification...................................  ............  ............   (1,000,000)   (1,000,000)
                                                         -------------------------------------------------------
      Total.............................................    29,000,000     4,248,000   (1,400,000)  34,648,000  
----------------------------------------------------------------------------------------------------------------
\1\ Funding derived from the reserve fund is not included in the subtotal because it is not directly            
  appropriated.                                                                                                 

       Budget submissions for fiscal year 2000.--For the past two 
     years, the department has submitted a budget estimate that, 
     in total, is below the authorized levels but exceeds the 
     authorized levels for fees. The department is directed to 
     submit a fiscal year 2000 budget estimate that falls within 
     the authorized levels, both in their components (Pipeline 
     Safety Fund, Oil Spill Liability Trust Fund, and reserve 
     account) and in total.
       Recently enacted legislation authorizing appropriations for 
     improving one-call notification systems (section 6107 of 
     title 49) prohibits the use of interstate pipeline user fees 
     to fund this promising new program. Future budgets submitted 
     by the department shall allocate funding for this program 
     from general revenues.
       Public education.--The conference agreement has increased 
     funding for public education to $400,000. The additional 
     funds shall be used for two purposes: (1) to provide funds 
     that will be used to leverage private sector funds to advance 
     the national one-call campaign and (2) to conduct a new joint 
     public meeting with the NTSB on one-call systems.


                     Emergency Preparedness Grants

                     (emergency preparedness fund)

       The conference agreement provides $200,000 for emergency 
     preparedness grants as proposed by both the House and the 
     Senate. Also, bill language is included that limits 
     obligations for emergency preparedness to $11,000,000 as 
     proposed by the Senate instead of $9,600,000 as proposed by 
     the House.

                      Office of Inspector General


                         Salaries and Expenses

       The conference agreement provides $43,495,000 for the 
     office of inspector general as proposed by the House instead 
     of $42,720,000 as proposed by the Senate. The conference 
     agreement directs the Inspector General not to initiate new 
     audits or analyses which are expected to exceed $750,000 in 
     cost without prior notification to the House and Senate 
     Committees on Appropriations.

                      Surface Transportation Board


                         Salaries and Expenses

       The conference agreement appropriates $16,000,000 for 
     salaries and expenses of the Surface Transportation Board as 
     proposed by the House instead of $13,853,000 as proposed by 
     the Senate. In addition, the conference agreement includes 
     language proposed by the House that allows the Board to 
     offset $2,600,000 of its appropriation from fees collected 
     during the fiscal year. The Senate bill allowed the Board to 
     collect $2,000,000 in fees to augment its appropriation. Any 
     fees received in excess of $2,600,000 in fiscal year 1999 
     shall not be available for obligation until October 1, 1999, 
     as proposed by the House. The Senate bill proposed that fees 
     in excess of $2,000,000 shall not be available until October 
     1, 1999.

                       TITLE II--RELATED AGENCIES

       Architectural and Transportation Barriers Compliance Board


                         salaries and expenses

       The conference agreement appropriates $3,847,000 for 
     expenses of the Architectural and Transportation Barriers 
     Compliance Board as proposed by both the House and Senate.

                  National Transportation Safety Board


                         Salaries and Expenses

       The conference agreement appropriates $53,473,000 for 
     salaries and expenses of the National Transportation Safety 
     Board as proposed by the Senate instead of $53,300,000 as 
     proposed by the House. Per diem rates are authorized at the 
     GS-15 level as proposed by the House instead of at the GS-18 
     level as proposed by the Senate.
       TWA flight 800 accident investigation.--To further assist 
     and support the State of New York with the costs incurred 
     during the investigation of the TWA flight 800 accident, the 
     conferees require the NTSB to issue its draft report and 
     allow the state and localities an opportunity to address the 
     cost issues.


                             Emergency Fund

       The conference agreement provides $1,000,000 to the 
     National Transportation Safety Board's emergency fund, as 
     proposed by both the House and the Senate. Language proposed 
     by the Senate to expand the emergency fund to include costs 
     associated with family assistance activities is not included. 
     Per diem rates are authorized at the GS-15 level as proposed 
     by the House instead of at the GS-18 level as proposed by the 
     Senate.

                     TITLE III--GENERAL PROVISIONS


                     (INCLUDING TRANSFERS OF FUNDS)

       Sec. 301 allows funds for aircraft; motor vehicles; 
     liability insurance, uniforms, or allowances, as authorized 
     by law as proposed by both the House and Senate.
       Sec. 302 requires pay raises to be funded within 
     appropriated levels in this Act or previous appropriations 
     Acts as proposed by both the House and Senate.
       Sec. 303 allows funds for expenditures for primary and 
     secondary schools and transportation for dependents of 
     Federal Aviation Administration personnel stationed outside

[[Page H11495]]

     the continental United States as proposed by both the House 
     and Senate.
       Sec. 304 limits appropriations for services authorized by 5 
     U.S.C. 3109 to the rate for an executive level IV as proposed 
     by both the House and Senate.
       Sec. 305 prohibits funds in this Act for salaries and 
     expenses of more than 100 political and Presidential 
     appointees in the Department of Transportation instead of 91 
     political and Presidential appointees as proposed by the 
     Senate and 88 political and Presidential appointees as 
     proposed by the House. Sec. 305 also includes a provision as 
     proposed by both the Senate and House that prohibits 
     political and Presidential personnel to be assigned on 
     temporary detail outside the Department of Transportation.
       Sec. 306 prohibits pay and other expenses for non-Federal 
     parties in regulatory or adjudicatory proceedings funded in 
     this Act as proposed by both the House and Senate.
       Sec. 307 prohibits obligations beyond the current fiscal 
     year and prohibits transfers of funds unless expressly so 
     provided herein as proposed by both the House and Senate.
       Sec. 308 allows the Secretary of the Department of 
     Transportation to enter into grants, cooperative agreements, 
     and other transactions involving the Technology Reinvestment 
     Project as proposed by both the House and Senate.
       Sec. 309 limits consulting service expenditures of public 
     record in procurement contracts as proposed by both the House 
     and Senate.
       Sec. 310 pertains to the distribution of the Federal-aid 
     highways obligation authority as proposed by the Senate. The 
     House proposed no similar provision.
       Sec. 311 exempts previously made transit obligations from 
     limitations on obligations as proposed by the Senate. The 
     House proposed exempting previously made transit obligations 
     under the discretionary grants program from limitations on 
     obligations.
       Sec. 312 prohibits funds for the National Highway Safety 
     Advisory Commission as proposed by both the House and Senate.
       Sec. 313 prohibits funds to establish a vessel traffic 
     safety fairway less than five miles wide between Santa 
     Barbara and San Francisco traffic separation schemes as 
     proposed by both the House and Senate.
       Sec. 314 allows airports to transfer to the Federal 
     Aviation Administration instrument landing systems as 
     proposed by both the House and Senate.
       Sec. 315 deletes the word ``or'' before ``(2) includes'' 
     proposed by the Senate. Sec. 315 prohibits funds to award 
     multiyear contracts for production end items that include 
     certain specified provisions as proposed by both the House 
     and Senate.
       Sec. 316 allows the State of Alaska to utilize allocated 
     highway funds for projects of international origin or 
     implications as proposed by the Senate. The House proposed no 
     similar provision.
       Sec. 317 allows funds for discretionary grants of the 
     Federal Transit Administration for specific projects, except 
     for fixed guideway modernization projects, not obligated by 
     September 30, 2001, and other recoveries to be used for other 
     projects under 49 U.S.C. 5309 as proposed by the Senate 
     instead of allowing funds for discretionary grants not 
     obligated by September 30, 2001, as proposed by the House.
       Sec. 318 allows transit funds appropriated before October 
     1, 1998, and that remain available for expenditure to be 
     transferred as proposed by both the House and Senate.
       Sec. 319 prohibits funds to compensate in excess of 350 
     technical staff-years under the federally funded research and 
     development contract between the Federal Aviation 
     Administration and the Center for Advanced Aviation Systems 
     Development as proposed by both the House and Senate.
       Sec. 320 reduces funding by $15,000,000 for activities of 
     the transportation administrative service center of the 
     Department of Transportation and limits obligation authority 
     of the center to $109,124,000. The House proposed reducing 
     funding by $20,000,000 for activities of the center and 
     limiting obligation authority to $89,124,000. The Senate 
     proposed reducing funding by $17,247,000 for activities of 
     the center and limiting obligation authority to $165,215,000.
       Sec. 321 allows funds received by the Federal Highway 
     Administration, Federal Transit Administration, and the 
     Federal Railroad Administration from States, counties, 
     municipalities, other public authorities, and private sources 
     for expenses incurred for training to be credited to each 
     agency's respective accounts as proposed by the House. The 
     Senate proposed allowing funds received by only the Federal 
     Highway Administration and the Federal Railroad 
     Administration.
       Sec. 322 prohibits funds to be used to prepare, propose, or 
     promulgate any regulation pursuant to title V of the Motor 
     Vehicle Information and Cost Savings Act prescribing 
     corporate average fuel economy standards for automobiles as 
     defined in such title, in any model year that differs from 
     standards promulgated for such automobiles prior to enactment 
     of this section as proposed by the House. The Senate proposed 
     no similar provision.
       Sec. 323 conveys Coast Guard lights in Tangipahoa Parish 
     and Madisonville in Louisiana to non-federal parties as 
     proposed by the House. the Senate proposed no similar 
     provision.
       Sec. 324 prohibits the use of funds to promulgate or 
     enforce any regulation that has the effect of requiring two 
     attendants during unloading of liquefied compressed gases as 
     proposed by the Senate. The House proposed no similar 
     provision.
       Sec. 325 allows funds received by the Bureau of 
     Transportation Statistics to be subject to the obligation 
     limitation for Federal-aid highways and highway safety 
     construction as proposed by the House instead of such funds 
     not being subject to the obligation limitation as proposed by 
     the Senate.
       Sec. 326 prohibits the use of funds for any type of 
     training which: (1) does not meet needs for knowledge, 
     skills, and abilities bearing directly on the performance of 
     official duties; (2) could be highly stressful or emotional 
     to the students; (3) does not provide prior notification of 
     content and methods to be used during the training; (4) 
     contains any religious concepts or ideas; (5) attempts to 
     modify a person's values or lifestyle; or (6) is for AIDS 
     awareness training, except for raising awareness of medical 
     ramifications of AIDS and workplace rights as proposed by the 
     House. The Senate proposed no similar provision.
       Sec. 327 prohibits the use of funds in this Act for 
     activities designed to influence Congress on legislation or 
     appropriations except through proper, official channels as 
     proposed by both the House and Senate.
       Sec. 328 limits necessary expenses of advisory committees 
     to $1,000,000 of the funds provided in this Act to the 
     Department of Transportation as proposed by both the House 
     and Senate. The conference agreement also includes a new 
     provision that excludes advisory committees established for 
     conducting negotiated rulemaking in accordance with the 
     Negotiated Rulemaking Act or the Coast Guard's advisory 
     council on roles and missions from the limitation.
       Sec. 329 provides authority to mitigate leaking aboveground 
     storage tanks in Alaska as proposed by the Senate. The House 
     proposed no similar provision.
       Sec. 330 prohibits funds to be used for conducting the 
     activities of the Surface Transportation Board other than 
     those appropriated or from fees collected by the Board as 
     proposed by both the House and Senate.
       Sec. 331 requires compliance with the Buy American Act as 
     proposed by both the House and Senate.
       Sec. 332 allows receipts collected from users of Department 
     of Transportation fitness centers to be available to support 
     operation and maintenance of those facilities as proposed by 
     both the House and Senate.
       Sec. 333 prohibits funds to implement or enforce 
     regulations that would result in slot allocations of 
     international operations to any carrier at O'Hare 
     International Airport in excess of the number of slots 
     allocated to and scheduled by that carrier as of October 31, 
     1993, if that slot is withdrawn from an air carrier under 
     existing regulations as proposed by the House. The Senate 
     proposed no similar provision.
       Sec. 334 limits the number of communities that receive 
     essential air service funding by excluding points in the 48 
     contiguous United States that are located 70 highway miles 
     from the nearest large or medium hub airport, or that require 
     a subsidy in excess of $200 per passenger, unless such a 
     point is more than 210 miles from the nearest large or medium 
     hub airport as proposed by both the House and Senate.
       Sec. 335 credits to appropriations of the Department of 
     Transportation rebates, refunds, incentive payments, minor 
     fees and other funds received by the Department from travel 
     management centers, charge card programs, the subleasing of 
     building space, and miscellaneous sources as proposed by both 
     the House and Senate. Such funds received shall be available 
     until December 31, 1999.
       Sec. 336 authorizes the Secretary of Transportation to 
     allow issuers of any preferred stock to redeem or repurchase 
     preferred stock sold to the Department of Transportation as 
     proposed by the House. The Senate proposed no similar 
     provision.
       Sec. 337 rescinds unobligated balances of funds made 
     available in previous appropriations Acts for the National 
     Civil Aviation Review Commission and for Urban Mass 
     Transportation Administration's ``Urban discretionary 
     grants'' as proposed by the House. The Senate proposed no 
     similar provision.
       Sec. 338 conveys land from the former Coast Guard reserve 
     training facility in Jacksonville, Florida, to non-federal 
     parties as proposed by the House. The Senate proposed no 
     similar provision.
       Sec. 339 provides $250,000 for activities and operations of 
     a Centennial of Flight Commission as proposed by the House. 
     The Senate proposed no similar provision.
       Sec. 340 requires the Secretary to waive repayment of any 
     federal-aid highway funds expended on the construction of 
     high occupancy lanes or auxiliary lanes on I-287 in the State 
     of New Jersey. Similar but differing provisions were proposed 
     by the House and Senate.
       Sec. 341 authorizes the conveyance of Coast Guard Station 
     Ocracoke in North Carolina to the State of North Carolina as 
     proposed by the Senate. The House proposed no similar 
     provision.
       Sec. 342 allows funds appropriated in this or any other Act 
     intended for highway demonstration projects, railroad-highway 
     crossing demonstration projects or railroad relocation 
     projects in Augusta, Georgia, to be available for other 
     projects in Augusta, Georgia, as proposed by the Senate. The 
     House proposed that only previously appropriated funds for a 
     railroad-highway crossing project in Augusta, Georgia, be 
     available for other projects in Augusta, Georgia.
       Sec. 343 prohibits the Coast Guard from enforcing 
     regulations regarding animal fats

[[Page H11496]]

     and vegetable oils as proposed by both the House and Senate.
       Sec. 344 makes emergency railroad rehabilitation and repair 
     funding available for natural disasters occurring from 
     September 1996 through July 10, 1998 as proposed by the 
     House. The Senate proposed no similar provision.
       Sec. 345 requires the Administrator of the Federal Highway 
     Administration and other participating federal agencies to 
     consider certain alternatives in evaluating environmental 
     impacts of the toll road in Orange and San Diego counties, 
     California. The provision also requires the Administrator of 
     the Federal Highway Administration to retain and exercise all 
     authority regarding the environmental impact statement and 
     record of decision regarding the toll road. The House 
     proposed requiring only the Administrator of the Federal 
     Highway Administration to consider certain alternatives in 
     evaluating environmental impacts of the toll road in 
     Orange and San Diego counties, California. The Senate 
     proposed no similar provision. This provision is necessary 
     given the unique nature of this project.
       Sec. 346 provides for the conveyance of a decommissioned 
     Coast Guard vessel to the University of South Alabama that is 
     determined to be appropriate by the Commandant and the 
     University as proposed by the House. The Senate proposed no 
     similar provision.
       Sec. 347 amends item 1132 of Public Law 105-178 by striking 
     ``Pirate Cove'' and inserting ``Pirates' Cove and 4-lane 
     connector to Mississippi Highway 468'' as proposed by both 
     the House and Senate.
       Sec. 348 conveys the Coast Guard Long Branch Rear Range 
     Light in Jacksonville, Florida, to Jacksonville University as 
     proposed by the House. The Senate proposed no similar 
     provision.
       Sec. 349 appropriates $450,000 for necessary expenses of 
     the Amtrak Reform Council, to remain available until 
     September 30, 2000, as proposed by both the House and Senate. 
     Both the House and Senate proposed funding through the Office 
     of the Secretary; however, consistent with the Amtrak Reform 
     and Accountability Act authorization (Public Law 105-134), 
     the conference agreement provides these funds as a separate 
     appropriation. The duties of the Amtrak Reform Council are 
     expanded in the provision, as proposed by the Senate, to 
     include the identification of Amtrak routes which are 
     candidates for closure or realignment in the Council's annual 
     report to Congress, which is required in section 203(h) of 
     Public Law 105-134. The Department of Transportation is 
     expected to provide the ARC with administrative support, 
     consisting of space, telecommunications, computers, and 
     supplies. This support shall be provided without cost to the 
     ARC. Sec. 349 also prohibits the use of funds for payment to 
     outside consultants as proposed by both the House and Senate.
       Sec. 350 provides a complete waiver from the application of 
     all federal statutes for any project to construct new 
     entrances and exits between existing exits 57 and 58 on 
     Interstate 495 in Suffolk County, New York. The scope of the 
     waiver in the provision, which states that ``the Secretary 
     shall approve and the State of New York is authorized to 
     proceed with final design, engineering, and construction'', 
     means that notwithstanding all federal statutes not otherwise 
     determined in the provision to apply, the state may proceed 
     with all remaining phases of the project. No other federal 
     agency approval or permit is required unless such approval or 
     permit is specified in the provision. The phrase ``the 
     Secretary shall approve'' means that the Secretary of 
     Transportation may only approve the plans, specifications and 
     engineering for the project and release funding for the 
     project. The phrase was included to ensure that the Secretary 
     would approve any application for releasing a request for 
     funding for the project since he has a unique responsibility 
     among all federal agencies with respect to a highway project 
     to approve funding. It should not be read to give other 
     federal agencies authority over the project indirectly by any 
     authority they might otherwise have with respect to decisions 
     of the Secretary, nor should the phrase in any way be 
     construed to permit other federal agencies authority over the 
     project since their involvement in the project is waived 
     unless specifically reserved. The provision specifically 
     permits the Secretary to review any final design of such 
     project. This is intended to ensure that the project meets 
     design and geometric criteria for the Interstate system. The 
     New York State Department of Transportation will be the 
     agency responsible for the planning, design and construction 
     of the project. All State laws shall still apply. The Senate 
     proposed a similar provision. The House proposed no similar 
     provision. This provision is necessary given the unique 
     nature of this project.
       Sec. 351 provides that bumper standards are within the 
     National Highway Traffic Safety Administration's exemption 
     discretion for case-by-case determinations as proposed by the 
     Senate. The House proposed no similar provision.
       Sec. 352 provides funds for the Transportation Research 
     Institute at the University of Alabama in Tuscaloosa, 
     Alabama. The House and Senate proposed no similar provision.
       Sec. 353 allows discretionary bus funds in this Act and 
     funds previously made available for the Virtual Transit 
     Enterprise integration of information project in South 
     Carolina to be used for any aspect of the project instead of 
     allowing only discretionary bus funds previously made 
     available as proposed by the Senate. The House proposed no 
     similar provision.
       Sec. 354 amends Public Law 105-178 to allow the State of 
     Vermont to utilize the State's transit formula funds for 
     Amtrak capital investment and operating support as proposed 
     by the Senate. The House proposed no similar provision.
       Sec. 355 clarifies the Delaware River Port Authority toll 
     collection authority as proposed by the Senate. The House 
     proposed no similar provision.
       Sec. 356 amends Public Law 105-178 to provide the states of 
     Idaho, Alaska, and West Virginia highway project funding 
     flexibility within the state instead of providing the states 
     of West Virginia and Idaho highway project funding 
     flexibility as proposed by the Senate. The House proposed no 
     similar provision.
       Sec. 357 allows Economic Development Administration funds 
     obligated and awarded in fiscal year 1994 to the City of 
     Pittsburg, Kansas to be disbursed to the City in accordance 
     with the project description in the award documents. The 
     House and Senate proposed no similar provision.
       Sec. 358 allows funding provided in a previous 
     appropriations Act to be used for the Saint Barnard Parish 
     intermodal facility in Louisiana. The House and Senate 
     proposed no similar provision.
       Sec. 359 authorizes the Secretary of Transportation to 
     transfer appropriations among the offices of the Office of 
     the Secretary. The House and Senate proposed no similar 
     provision.
       Sec. 360 amends section 3027 of Public Law 105-178 to allow 
     transit providers of services to the elderly and disabled 
     that operate 20 or fewer vehicles and are located in 
     urbanized areas with a population of at least 200,000 to use 
     federal funds to finance up to $1,000,000 of the operating 
     costs of equipment and facilities annually. The House and 
     Senate proposed no similar provision.
       Sec. 361 provides the Commonwealth of Virginia with 
     exclusive authority to determine the high-occupancy vehicle 
     restrictions on Interstate Highway 66 in Virginia. In the 
     coming years, commuters in Northern Virginia will see 
     additional congestion associated with improvements to 
     Interstate 66, the Woodrow Wilson Bridge and the Interstate 
     95 and Capital Beltway ``Mixing Bowl'' interchange. As a 
     result, the Commonwealth will require the flexibility to 
     determine high-occupancy vehicle requirements on Interstate 
     Highway 66. The House and Senate proposed no similar 
     provision.
       Sec. 362 prohibits funds to be used to issue a final 
     standard under docket number NHTSA 98-3945 (relating to 
     section 656(b) of the Illegal Immigration Reform and 
     Responsibility Act of 1996). The House and Senate proposed 
     no similar provision.
       Sec. 363 amends section 1602 of Public Law 105-178 relating 
     to construction of a multimodal transportation corridor along 
     GA 400 in Georgia. The House and Senate proposed no similar 
     provision.
       Sec. 364 allows the State of Georgia to use federal 
     transportation funds to retrofit sound barriers along 
     Interstate 20 in Atlanta, Georgia. The House and Senate 
     proposed no similar provision.
       Sec. 365 provides a complete waiver from the application of 
     federal environmental statutes to the specified project for 
     the East Foley corridor highway project between Baldwin 
     County Highway 20 and State Highway 59 in the State of 
     Alabama. The scope of the waiver in the provision, which 
     states that ``the Secretary shall approve and the State of 
     Alabama is authorized to proceed with construction'', means 
     notwithstanding all federal statutes not otherwise determined 
     in the provision to apply, the state may proceed with all 
     remaining phases of the project. No other federal agency 
     approval or permit is required unless such approval or permit 
     is specified in the provision. In this provision, all federal 
     requirements which do not relate to federal environmental 
     laws, such as disadvantaged business enterprise requirements 
     or the Davis-Bacon Act, are reserved and shall still apply to 
     the project. The phrase ``the Secretary shall approve'' means 
     that the Secretary of Transportation may only determine if 
     all other federal non-environmental statutes are being 
     complied with. If he makes such a determination, then the 
     Secretary shall approve the plans, specifications and 
     engineering for the project and release funding for the 
     project. The phrase was included to ensure that the Secretary 
     would approve any application for releasing a request for 
     funding for the project since he has a unique responsibility 
     among all federal agencies with respect to a highway project 
     to approve funding. It should not be read to give other 
     federal agencies authority over the project indirectly by an 
     authority they might otherwise have with respect to decisions 
     of the Secretary, nor should the phrase in any way be 
     construed to permit other federal agencies authority over the 
     project since their involvement in the project is waived 
     unless specifically reserved. Finally, the provision provides 
     that environmental reviews already performed by the Alabama 
     Department of Environmental Management and the Mobile 
     District of the U.S. Army Corps of Engineers satisfy all 
     federal environmental laws. Any analysis and mitigation 
     measures provided in those reviews, but no others, must 
     remain in effect. The House and Senate proposed no similar 
     provision. This provision is necessary given the unique 
     nature of this project.
       Sec. 366 amends high priority project number 1083 of Public 
     Law 105-178 related to the

[[Page H11497]]

     Winters Freeway in Abilene, Texas. The House and Senate 
     proposed no similar provision.
       Sec. 367 allows the State of Minnesota to obligate funds 
     apportioned pursuant to section 117 of title 23, United 
     States Code, for highway projects in St. Paul, Minnesota. The 
     House and Senate proposed no similar provision.
       Sec. 368 amends item number 577 in section 1602 of Public 
     Law 105-178 to provide funds to improve marine dry dock and 
     facilities in Ketchikan, Alaska. The House and Senate 
     proposed no similar provision.
       Sec. 369 amends section 5117(b)(6) of Public Law 105-178 to 
     provide grants to the Commonwealth of Pennsylvania to 
     establish an advanced traffic monitoring and response center. 
     The House and Senate proposed no similar provision.
       Sec. 370 amends Public Law 105-178 regarding intelligent 
     transportation system projects in the Commonwealth of 
     Pennsylvania. The House and Senate proposed no similar 
     provision.
       Sec. 371 conveys land held by the United States Coast Guard 
     to the town of New Castle, New Hampshire, while retaining 
     such easements and rights-of-way as the Commandant considers 
     necessary to protect the interests of the United States. The 
     House and Senate proposed no similar provision.
       Sec. 372 prohibits the Department of Transportation from 
     creating ``peanut-free'' zones aboard domestic aircraft or 
     otherwise implementing its interpretation of regulations 
     governing this matter until 90 days after submission to the 
     Congress and the Secretary of a peer-reviewed scientific 
     study that determines that there are severe reactions by 
     passengers to peanuts as a result of contact with very small 
     airborne peanut particles of the kind that passengers might 
     encounter in an aircraft. The Department is also directed to 
     study the impact of all allergens which air passengers may 
     come into contact with during flights and to develop 
     alternative methodologies to mitigate the potential impact of 
     allergens on susceptible, or ``at-risk'', air travelers, 
     including requiring supervision of small children with life-
     threatening allergies. The conferees are concerned with the 
     Department's recent interpretation of the Air Carrier Access 
     Act, pursuant to 14 CFR Part 382. The Department has taken 
     the position that in certain circumstances, airlines should 
     be required to provide ``peanut-free'' buffer zones on 
     certain flights, despite the fact that, out of the hundreds 
     of millions of air travelers each year, there has not been a 
     single confirmed report of a peanut allergy-related incident 
     on a domestic air carrier. The Department's actions place an 
     undue burden on the airline industry, unnecessarily restrict 
     the rights of air travelers, and pose serious economic 
     consequences to American workers employed in the domestic 
     peanut industry. The conferees are concerned that the 
     Department has taken this action without any scientific 
     justification to support its position. Nothing in this 
     provision should be interpreted to limit efforts by air 
     carriers to protect passengers with severe allergies through 
     self-directed means. If, upon the submission of the above-
     mentioned study, the Secretary determines that further 
     advisory or regulatory action is warranted, the conferees 
     expect the Secretary to consult extensively with air 
     carriers, the peanut industry, medical specialists, and 
     concerned citizen groups before taking such action.
       Sec. 373 amends Public Law 105-178 to require consultation 
     with local government officials in Wisconsin on an interstate 
     substitution project in Milwaukee, Wisconsin. The House 
     proposed no similar provision.
       The conference agreement deletes the House provision that 
     establishes a blue-ribbon panel to study the future capital 
     requirements, roles, and missions of the Coast Guard. The 
     Senate proposed no similar provision.
       The conference agreement deletes the House provision that 
     prohibits funds for improvements to the Miller Highway in New 
     York City except for funds resulting from obligations 
     pursuant to sections 1601 and 1602 of Public Law 105-178. The 
     conference agreement also deletes the Senate provision that 
     provides that the funds within Public Law 105-178 for Miller 
     Highway in New York City shall be available to the State of 
     New York subject to the State and local planning and 
     environmental review process.
       The conference agreement deletes the Senate provision that 
     requires Amtrak to publish the national average per passenger 
     loss on each ticket sold; requires commercial airlines to 
     display on each ticket sold a per passenger subsidy rate 
     based on the general treasury funds appropriated to the 
     Federal Aviation Administration and number of seats sold in 
     fiscal year 1997; and requires the Federal Highway 
     Administration to ensure the placement of signs on federal-
     aid highways that display the total general fund 
     appropriation provided by the federal government for State 
     and local highway construction and maintenance in fiscal year 
     1997. The House proposed no similar provision.
       The conference agreement deletes the Senate provision that 
     provides that the Secretary of Transportation shall enter 
     into agreements with the New York State Department of 
     Transportation that would allow automotive service stations 
     or other commercial establishments for serving motor vehicle 
     users to be sited and constructed in the vicinity of exit 51 
     and either exit 66, 67, or 68 of the Long Island Expressway 
     (Interstate 495) in Suffolk County. The House proposed no 
     similar provision.
       The conference agreement deletes the Senate provision that 
     provides that of the funds made available for capital 
     investment grants $20,000,000 is provided for the Norfolk-
     Virginia Beach corridor project; $1,500,000 is provided for 
     the Massachusetts North Shore Corridor project; $5,000,000 is 
     provided for the San Diego Mission Valley and Mid-Coast 
     corridor projects; $3,300,000 is provided for the Hartford, 
     Connecticut light rail project; $200,000 is provided for the 
     Southeast Michigan commuter rail viability study; $2,000,000 
     is provided for major investment analysis of Honolulu transit 
     alternatives; $2,700,000 is provided for the Stamford, 
     Connecticut fixed guideway connector; $3,500,000 is provided 
     for the Providence-Boston commuter rail project; and $500,000 
     is provided for the Old Saybrook-Hartford rail extension 
     project. The House proposed no similar provision.
       The conference agreement deletes the Senate provision that 
     amends Public Law 96-487 to permit the use of helicopters in 
     Alaskan wilderness areas. The House proposed no similar 
     provision.
       The conference agreement deletes without prejudice the 
     Senate provision clarifying that the Reno Transportation 
     Corridor project is eligible for assistance under the 
     Transportation Infrastructure Finance and Innovation (TIFIA) 
     program under section 1503 of Public Law 105-178. The Federal 
     Highway Administrator has confirmed through correspondence 
     that this project is eligible for such assistance. This 
     meritorious project and other rail-highway crossing 
     mitigation projects should be considered for loan financing 
     under the TIFIA program. The House proposed no similar 
     provision.
       The conference agreement deletes the Senate provision that 
     prohibits smoking on scheduled domestic and foreign airline 
     flight segments taking off from or landing in the United 
     States. The House proposed no similar provision.
       The conference agreement deletes the Senate provision that 
     allows for intra-state transportation of agricultural 
     production materials under State hazardous material 
     transportation laws that are inconsistent with federal 
     hazardous material transportation laws in fiscal year 1999 
     only. The House proposed no similar provision.
       The conference agreement deletes the Senate provision that 
     requires the National Transportation Safety Board to 
     reimburse the State of New York and local counties in New 
     York for certain costs associated with the crash of TWA 
     flight 800. The House proposed no similar provision.
       The conference agreement deletes the Senate provision that 
     requires the Secretary of Transportation to ensure that there 
     is sufficient signage directing visitors to cemeteries of the 
     National Cemetery System. The House proposed no similar 
     provision.
       The conference agreement deletes the Senate provision that 
     provides for the expedited judicial review to ensure 
     constitutionality of the disadvantaged business enterprise 
     program in Public Law 105-178. The House proposed no similar 
     provision.


                   conference total--with comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1999 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1998 amount, the 1999 
     budget estimates, and the House and Senate bills for 1999 
     follow:

New budget (obligational) authority, fiscal year 1998...$12,725,298,766
Budget estimates of new (obligational) authority, fiscal 13,415,171,000
House bill, fiscal year 1999.............................13,739,599,900
Senate bill, fiscal year 1999............................13,721,823,569
Conference agreement, fiscal year 1999...................13,736,889,000
Conference agreement compared less with:
  New budget (obligational) authority, fiscal year 1998..+1,011,590,234
  Budget estimates of new (obligational) authority, fiscal +321,718,000
  House bill, fiscal year 1999...............................-2,710,900
  Senate bill, fiscal year 1999.............................+15,065,431


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[[Page H11508]]

  SECTION 101(h): TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 
                                  1999

       The conferees on H.R. 4328 agree with the matter inserted 
     in this subsection of this conference agreement and the 
     following description of this matter. This matter was 
     developed through negotiations on the differences in the 
     House and Senate versions of H.R. 4104, the Department of 
     Treasury and General Government Appropriations Act, 1999, by 
     members of the appropriations subcommittee of both the House 
     and Senate with jurisdiction over H.R. 4104.
       The conference agreement on the Treasury and General 
     Government Appropriations Act, 1999, incorporates some of the 
     language and allocations set forth in House Report 105-592 
     and Senate Report 105-251. The language in these reports 
     should be complied with unless specifically addressed in the 
     accompanying statement of managers.
       Senate Amendment: The Senate deleted the entire House bill 
     after the enacting clause and inserted the Senate bill. The 
     conference agreement includes a revised bill.
       Throughout the accompanying explanatory statement, the 
     managers refer to the Committee and the Committees on 
     Appropriations. Unless otherwise noted, in both instances the 
     managers are referring to the House Subcommittee on Treasury, 
     Postal Service, and General Government and the Senate 
     Subcommittee on Treasury and General Government.

             Reprogramming and Transfer of Funds Guidelines

       Due to continuing issues associated with agency requests 
     for reprogramming and transfer of funds and use of 
     unobligated balances, the conferees have agreed to 
     reprogramming guidelines included in House Report 105-592. 
     Those guidelines shall be complied with by all agencies 
     funded by the Treasury and General Government Appropriations 
     Act, 1999:
       1. Except under extraordinary and emergency situations, the 
     Committees on Appropriations will not consider requests for a 
     reprogramming or a transfer of funds, or use of unobligated 
     balances, which are submitted after the close of the third 
     quarter of the fiscal year, June 30;
       2. Clearly stated and detailed documentation presenting 
     justification for the reprogramming, transfer, or use of 
     unobligated balances shall accompany each request;
       3. For agencies, departments, or offices receiving 
     appropriations in excess of $20,000,000, a reprogramming 
     shall be submitted if the amount to be shifted to or from any 
     object class, budget activity, program line item, or program 
     activity involved is in excess of $500,000 or 10 percent, 
     whichever is greater, of the object class, budget activity, 
     program line item, or program activity;
       4. For agencies, departments, or offices receiving 
     appropriations less than $20,000,000, a reprogramming shall 
     be submitted if the amount to be shifted to or from any 
     object class, budget activity, program line item, or program 
     activity involved is in excess of $50,000, or 10 percent, 
     whichever is greater, of the object class, budget activity, 
     program line item, or program activity;
       5. For any action where the cumulative effect of below 
     threshold reprogramming actions, or past reprogramming and/or 
     transfer actions added to the request, would exceed the 
     dollar threshold mentioned above, a reprogramming shall be 
     submitted;
       6. For any action which would result in a major change to 
     the program or item which is different than that presented to 
     and approved by either of the Committees, or the Congress, a 
     reprogramming shall be submitted;
       7. For any action where funds earmarked by either of the 
     Committees for a specific activity are proposed to be used 
     for a different activity, a reprogramming shall be submitted; 
     and,
       8. For any action where funds earmarked by either of the 
     Committees for a specific activity are in excess of the 
     project or activity requirement, and are proposed to be used 
     for a different activity, a reprogramming shall be submitted.
       Additionally, each request shall include a declaration 
     that, as of the date of the request, none of the funds 
     included in the request have been obligated, and none will be 
     obligated, until the Committees on Appropriations have 
     approved the request.

                  TITLE I--DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

       The conference agreement appropriates $123,151,000 for 
     Departmental Offices instead of $122,889,000 as proposed by 
     the House and $120,671,000 as proposed by the Senate. The 
     amount appropriated includes: $3,704,000 for mandatory cost 
     increases; an additional $470,000 for the Office of Tax 
     Policy; an additional $255,000 for the Office of Economic 
     Policy; an additional $499,000 for International Affairs 
     Policies and Programs; an additional $801,000 for Enforcement 
     Policies and Programs; an additional $866,000 for the Office 
     of Foreign Assets Control; an additional $239,000 for Fiscal 
     and Financial Policies and Programs; and an additional 
     $300,000 for Treasury-wide management policies and practices. 
     The conferees are aware that additional funds in the amount 
     of $1,238,000 are required in fiscal year 1999 for Year 2000 
     compliance. The conference agreement also includes funding to 
     allow the Department to provide no more than $500,000 in 
     contract awards to the National Law Center for Inter-American 
     Free Trade as proposed by the House.
       The conferees have agreed to provide an additional 
     $1,200,000 within this account for the Under Secretary of 
     Enforcement to continue the operations of the Office of 
     Professional Responsibility, should he so desire, as proposed 
     by the Senate.
       The conference agreement includes language which provides 
     that the Office of Foreign Assets Control shall be funded at 
     no less than $6,560,800 as proposed by the Senate instead of 
     $5,517,000 as proposed by the House. The conferees have 
     included language authorizing the Department to charge both 
     direct and indirect costs to the Office of Foreign Assets 
     Control in the implementation of this floor.
       The Senate bill included language in this and a number of 
     other accounts which provides that funds appropriated in this 
     Act may be used for Year 2000 computer conversion costs 
     pending the availability of funding for that purpose in a 
     separate appropriation. The conferees have deleted that 
     language in each instance in which it occurs and have instead 
     included a new general provision (Section 513) to permit the 
     use of funds provided in this Act to initiate or continue 
     projects or activities to the extent necessary to achieve 
     Year 2000 computer conversion until such time as supplemental 
     appropriations are provided for those activities.
       The conference agreement deletes language proposed by the 
     House which provides compensation for losses incurred due to 
     the denial of entry into the United States of certain 
     firearms. The conferees have included language in Title VI 
     (Section 646) of the bill to provide for this relief through 
     the use of the Judgement Fund, as proposed by the Senate.


                   treasury law enforcement vehicles

       No later than 90 days after enactment of this Act, the 
     Department shall submit to the Committees on Appropriations 
     directives to implement the management of law enforcement 
     vehicle usage in the Department. These directives shall 
     include: development of a Department-wide vehicle management 
     system to ensure adequate oversight of vehicle usage; 
     standards and procedures for full compliance with home-to-
     work regulations on vehicle use; verifiable determination 
     that vehicle use throughout the Department is in support of 
     law enforcement purposes only; and implementation of a log 
     tracking system by activity and specific use of law 
     enforcement vehicles.


                    under secretary for enforcement

       The conferees direct the Department of the Treasury to 
     submit, with its fiscal year 2000 budget request, detailed 
     budget justification materials for the Office of the Under 
     Secretary for Enforcement.

                 Office of Professional Responsibility


                         salaries and expenses

       The conferees agree to provide no separate funding for the 
     Office of Professional Responsibility (OPR) in fiscal year 
     1999 as proposed by the Senate, but instead have provided 
     adequate funding within the Departmental Offices 
     appropriations for the Under Secretary for Enforcement to 
     continue the work of this office should he so desire. The 
     conferees expect that the Department also will use 
     approximately $350,000 in reprogramming authority, the 
     anticipated share of the unobligated balance of funds at the 
     end of fiscal year 1998, to augment this appropriation.
       In fiscal year 1998, the Under Secretary for Enforcement 
     was charged with tasking OPR to conduct a comprehensive 
     review of integrity issues and other matters related to the 
     potential vulnerability of the United States Customs Service 
     to corruption, to include examination of charges of 
     professional misconduct and corruption as well as analysis of 
     the efficacy of departmental and bureau internal affairs 
     systems. The conferees expect that this work will continue, 
     and that it will be in conjunction with related efforts 
     funded through the Customs Integrity Awareness Program.

                         Automation Enhancement

       The conferees agree to provide $28,690,000 for Automation 
     Enhancement instead of $31,190,000 as proposed by the House 
     and $28,990,000 as proposed by the Senate. The amount 
     provided shall be transferred as follows:
       Customs Service.--$8,000,000 for the Automated Commercial 
     Environment.
       Bureau of Alcohol, Tobacco, and Firearms.--$3,700,000 for a 
     human resources system re-engineering pilot program.
       Departmental Offices.--$16,990,000, of which $5,400,000 is 
     for the International Trade Data System, of which $6,577,000 
     is for Department-wide human resources re-engineering program 
     management and implementation, of which $3,813,000 is for 
     Departmental Offices productivity enhancement, of which 
     $1,000,000 is for the Treasury Vehicle Management System, and 
     of which $200,000 is for Department-wide implementation of 
     the Treasury Information System Architecture Framework.
       The conferees agree that the funds provided shall remain 
     available until September 30, 2000, as proposed by the House 
     rather than remain available until expended as proposed by 
     the Senate.
       The conferees are aware that additional funds in the amount 
     of $2,762,000 are required in fiscal year 1999 for Year 2000 
     compliance.


                    AUTOMATED COMMERCIAL ENVIRONMENT

       The conferees agree to provide $8,000,000 for the Customs 
     Service ACE project, with the

[[Page H11509]]

     proviso that $6,000,000 shall not be available for obligation 
     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. 
     Furthermore, $6,000,000 shall not be obligated until the 
     Commissioner of Customs provides to the Committees on 
     Appropriations an Enterprise Information Systems Architecture 
     (EISA) for Customs that covers all Customs' areas of 
     business--not just trade compliance. For the EISA to be 
     acceptable, it must comply with the Treasury Information 
     Systems Architecture Framework, include measures to 
     enforce compliance, and be approved by the Treasury 
     Investment Review Board.
       The conferees are pleased with the efforts made by the 
     Treasury Department to exercise some management 
     responsibility for the ACE project, which represents an 
     enormous information technology investment for the Department 
     and Customs. Clear benefits are already being seen in the 
     quality of analysis applied to investment decisions, and 
     coordination with other information technology projects such 
     as the International Trade Data System (ITDS). The conferees 
     support the continued exercise of strong oversight by the 
     Treasury Department over this project.

                  Financial Crimes Enforcement Network

       The conferees agree to provide $24,000,000 as proposed by 
     the House instead of $23,670,000 as proposed by the Senate. 
     In addition, the conferees agree that the funds shall be 
     available with no earmark for the GATEWAY program, as had 
     been proposed by the Senate.


                        TREASURY FORFEITURE FUND

       The conferees expect that the super surplus for the 
     Treasury Forfeiture Fund will continue to be large in fiscal 
     year 1999, and direct the Department to provide the 
     Committees its plan for intended use of these resources in a 
     timely fashion, as well as in its presentation of the fiscal 
     year 2000 budget request.
       The conferees support the use of the super surplus to 
     further advance Treasury Department law enforcement programs, 
     and acknowledge the Department's plan to use its surplus for 
     a variety of activities. The conferees direct the Department 
     to use $11,012,000 as follows: $5,512,000 for the 
     construction of a P-3 hangar in Corpus Christi, Texas, for 
     the United States Customs Service; $4,000,000 for the 
     CEASEFIRE/IBIS program, and $1,500,000 for the Global 
     Transpark Customs Information Project. The conferees also 
     agree that super surplus funds may be used for replacement of 
     law enforcement vehicles, instead of the prohibition proposed 
     by the Senate.

                    Violent Crime Reduction Programs

       The conferees agree to provide $132,000,000 as proposed by 
     the House and Senate. This amount is to be used as follows:

Bureau of Alcohol, Tobacco and Firearms:
  GREAT administration/training..............................$3,000,000
GREAT Program Grants.........................................13,000,000
Customs Service:
  Narcotics detection technology.............................54,000,000
  Passenger processing initiative.............................9,500,000
  Canopy construction...........................................972,000
  Child pornography investigation.............................1,000,000
                                                       ________________
                                                       
    Subtotal, Customs Service................................65,472,000
Secret Service:
  Counterfeiting investigations...............................5,000,000
  Forensic technology and assistance..........................2,000,000
  NCMEC assistance............................................1,196,000
  2000 campaign protection....................................7,732,000
  Vehicle replacement.........................................6,700,000
                                                       ________________
                                                       
    Subtotal, Secret Service.................................22,628,000
Financial Crimes Enforcement Network:
  Cyberpayment studies..........................................800,000
  Suspicious Activity Report analysis...........................300,000
  Support for State & local GATEWAY.............................200,000
  Money laundering regulations..................................100,000
                                                       ________________
                                                       
    Subtotal, FinCEN..........................................1,400,000
  Interagency Crime and Drug Enforcement.....................24,000,000
Office of National Drug Control Policy:
  Model State Drug Law Conferences............................1,000,000
  High Intensity Drug Trafficking Areas.......................1,500,000
                                                       ________________
                                                       
    Subtotal, ONDCP...........................................2,500,000

                Bureau of Alcohol, Tobacco and Firearms

       The conferees agree to provide $3,000,000 to ATF for the 
     management of the GREAT program as proposed by the House 
     rather than in the ATF Salaries and Expenses appropriation as 
     proposed by the Senate. The funding proposed by the Senate 
     for laboratory and investigative support is funded under 
     ATF's Salaries and Expenses appropriation.


                 GANG RESISTANCE EDUCATION AND TRAINING

       The conferees agree to provide $13,000,000 to ATF, instead 
     of $10,000,000 as proposed by the House and $13,239,000 as 
     proposed by the Senate for grants to local law enforcement 
     organizations for the Gang Resistance Education and Training 
     (GREAT) program. The GREAT program has been 
     enthusiastically endorsed by communities in Colorado, 
     North Carolina and Wisconsin. The conferees direct that 
     qualified law enforcement and prevention organizations 
     from these areas be funded under GREAT.
       The conferees are aware of concerns about the lack of a 
     long-term evaluation of the impact of this program. 
     Therefore, the conferees urge ATF to contract with the 
     National Academy of Sciences, Committee on Law and Justice, 
     to conduct an independent evaluation of the GREAT program.

                            Customs Service

       The conferees agree to provide $65,472,000, instead of 
     $66,472,000 as proposed by the House and $54,000,000 as 
     proposed by the Senate. Within these funds, the conferees 
     include $54,000,000 for narcotics detection technology, 
     $9,500,000 for passenger processing, $972,000 for canopy 
     construction, and $1,000,000 for additional technologies 
     associated with the child pornography cyber-smuggling 
     initiative. The conferees agree that $2,400,000 of the 
     Customs Salaries and Expenses account should be used for the 
     cyber-smuggling initiative, as proposed by the Senate.

                             Secret Service

       The conferees agree to provide $22,628,000, instead of 
     $14,528,000 as proposed by the House and $15,403,000 as 
     proposed by the Senate. Within these funds, the conferees 
     include $5,000,000 for counterfeiting investigations, 
     $7,732,000 for campaign protection activities, $6,700,000 for 
     vehicle replacement, and $3,196,000 for forensic and related 
     support of investigations of missing and exploited children. 
     Of the amounts provided for missing and exploited children, 
     the conferees agree to provide $1,196,000 for the continued 
     operations of the Child Exploitation Unit at the National 
     Center for Missing and Exploited Children.

                  Financial Crimes Enforcement Network

       The conferees agree to provide $1,400,000 for FinCEN as 
     proposed by the Senate, instead of no funding as proposed by 
     the House. Within these funds, the conferees include $800,000 
     for cyberpayment studies; $300,000 for Suspicious Activity 
     Report analysis; $200,000 for training and support for State 
     and local GATEWAY participation; and $100,000 for money 
     laundering regulations.

                Federal Law Enforcement Training Center

       The conferees agree to provide no VCRTF funding for FLETC 
     as proposed by the House, instead of $1,158,000 as proposed 
     by the Senate. The affected programs--rural law enforcement 
     training and equipment replacement--are funded in FLETC's 
     Salaries and Expenses appropriation.

                 Interagency Crime and Drug Enforcement

       The conferees agree to provide $24,000,000 for ICDE as 
     proposed by the House, instead of $45,000,000 as proposed by 
     the Senate. An additional $51,900,000 is provided in the 
     Interagency Law Enforcement account. The total of $75,900,000 
     fully funds the President's request.

                 Office of National Drug Control Policy

       The conferees agree to provide $2,500,000 for ONDCP, 
     instead of $14,000,000 as proposed by the House and no 
     funding as proposed by the Senate. $1,000,000 of this funding 
     would cover the costs of continuing support for Model State 
     Drug Law Conferences, as proposed by the House. $13,000,000 
     proposed by the House for continued funding for the 
     technology transfer program run by the Counterdrug Technology 
     Assessment Center will instead be funded in the ONDCP 
     Salaries and Expenses account, as proposed by the Senate.

                 High Intensity Drug Trafficking Areas

       The conferees agree to provide $1,500,000 in additional 
     funding for the Milwaukee, Wisconsin HIDTA.

                Federal Law Enforcement Training Center


                         SALARIES AND EXPENSES

       The conferees agree to provide $71,923,000 as proposed by 
     the House instead of $66,251,000 as proposed by the Senate, 
     including up to $13,843,000 to be used for materials and 
     support costs. The conferees agree to language proposed by 
     the Senate to permit funding for travel expenses of non-
     Federal personnel to attend course development meetings and 
     training sponsored by the Center. The conferees also agree to 
     maintain existing statutory language affecting the authority 
     to provide funding for student athletics and student interns, 
     as proposed by the Senate.


                             GREAT TRAINING

       The conferees agree to include new language, as proposed by 
     the Senate, to authorize the Center to provide training for 
     the Gang Resistance Education and Training program to Federal 
     and non-Federal personnel at any facility in partnership with 
     ATF.


                       FIREARMS TRAINING SYSTEMS

       The conferees direct the Federal Law Enforcement Training 
     Center, in consultation with their interested client law 
     enforcement agencies, to examine and evaluate all available 
     firearms training technologies for systems providing the 
     greatest cost effective multi-application benefit for 
     firearms training of law enforcement personnel. The conferees 
     are aware of current technologies, such as the BEAMHIT 
     targeting system and plastic cased ammunition, which appear 
     to

[[Page H11510]]

     offer cost benefits and systems flexibility for multiple 
     training activities and greater sensitivity for environmental 
     protection.

     Acquisition, Construction, Improvements, and Related Expenses

       The conferees agree to provide $34,760,000, instead of 
     $28,360,000 as proposed by the House and $15,360,000 as 
     proposed by the Senate. This amount includes $6,400,000 for 
     construction of new facilities at Artesia, New Mexico, 
     required to meet the Center's basic training requirements.

                      Interagency Law Enforcement

                 Interagency Crime and Drug Enforcement

       The conferees agree to provide $51,900,000 for ICDE as 
     proposed by the House. An additional $24,000,000 is provided 
     in the Violent Crime Reduction Programs account. The total of 
     $75,900,000 fully funds the President's request.

                      Financial Management Service


                         salaries and expenses

       The conference agreement appropriates $196,490,000 for the 
     Financial Management Service (FMS) as proposed by the Senate 
     instead of $198,510,000 as proposed by the House.
       The conferees have agreed with the proposal of the Senate 
     on the funding level for the FMS, which reflects a reduction 
     of $6,000,000 for Year 2000 conversion costs which will be 
     available for FMS from a separate appropriation. The 
     conferees received conflicting information from the 
     Department of the Treasury about what the FMS's needs are for 
     this purpose. Therefore, the conferees have assumed the 
     higher number. The conferees understand and fully appreciate 
     the need for FMS equipment to be Year 2000 compliant and note 
     that the Department does have authority to transfer funding 
     to FMS from other accounts within the Department under 
     Section 114 of this Act should that become necessary.
       The conference agreement deletes language proposed by the 
     Senate delaying the availability of $4,500,000 for postage 
     costs until September 30, 1999, and language proposed by the 
     Senate stating that funds shall continue to be provided to 
     the United States Postal Service for postage due.


                  debt collection improvement account

       The conferees have agreed to delete funding for the Debt 
     Collection Improvement Account proposed by the Senate. The 
     House bill contained no similar provision.

                         Federal Financing Bank

       The conference agreement provides $3,317,960,000 for the 
     liquidation of debts by the Federal Financing Bank instead of 
     $3,317,690,000 as proposed by the Senate. The House bill 
     contained no similar provision.

                Bureau of Alcohol, Tobacco and Firearms


                         salaries and expenses

       The conferees agree to provide $541,574,000, instead of 
     $530,624,000 as proposed by the House and $529,489,000 as 
     proposed by the Senate. This includes $2,000,000 for the 
     Violent Crime Coordinators program and $4,500,000 for 
     expansion of the National Tracing Center, as proposed by the 
     Senate. The conferees agree that $2,206,000 of this funding 
     will not be available for obligation until September 30, 
     1999, as proposed by the House.
       The conferees are aware that additional funds in the amount 
     of $5,000,000 are required in fiscal year 1999 for Year 2000 
     compliance.
       The conferees agree to increase the limit for purchase of 
     police-type vehicles to 812, as proposed by the House. The 
     conferees direct the Under Secretary for Enforcement to 
     exercise strong oversight with regard to any additional 
     purchases in keeping with Department-wide efforts (addressed 
     under Departmental Offices, above) to manage the use, 
     allocation and acquisition of law enforcement vehicles. While 
     neither the House nor Senate provided funding for this 
     purpose, the conferees agree to provide $3,700,000 for 
     vehicle replacement as the Administration had requested.
       The conferees agree to authorize up to $15,000 for official 
     reception and representation expenses, instead of $20,000 as 
     proposed by the House and $12,500 proposed by the Senate.
       The conferees agree to retain the limitation of $1,000,000 
     in authority to fund the equipping of vessels, vehicles or 
     aircraft available for official use by a State or local law 
     enforcement agency for use in joint law enforcement 
     operations with ATF and for the payment of overtime salaries, 
     travel, fuel and other costs for State and local law 
     enforcement personnel, including sworn officers and support 
     personnel, as proposed by the House. The conferees note that, 
     while this maintains a limitation, unlike the Senate 
     proposal, it allows such funding to be used for law 
     enforcement operations other than drug-related ones, and 
     clarifies that it encompasses support personnel as well as 
     sworn law enforcement officers.
       The conferees agree that per diem and/or subsistence 
     allowances may be paid to employees for extensive overtime 
     required when an employee is assigned to a National Response 
     Team during the investigation of a bombing or arson incident, 
     as proposed by the Senate, rather than simply for a major 
     investigative assignment, as proposed by the House.


                youth crime gun interdiction initiative

       The conferees strongly support ATF's efforts to stop 
     illegal trafficking of crime weapons to young people and its 
     statistical analysis in ``The Crime Gun Trace Analysis 
     Reports: The Illegal Youth Firearms Markets in 17 
     Communities'', published in July 1997. However, the conferees 
     believe that the proposed increase in funding must be 
     supported by evidence of a significant reduction in youth 
     crime, gun trafficking and availability. The conferees would 
     like to see additional evidence linking the Youth Crime Gun 
     Interdiction Initiative (YCGII) to a corresponding decrease 
     in gun trafficking among youths and minors. Therefore, the 
     conferees direct ATF to report no later than February 1, 
     1999, on the performance of YCGII.
       The conferees further believe that an investment in 
     experienced trafficking agents to conduct investigations 
     arising out of leads obtained through this regional 
     initiative is likely to have a significant impact on the 
     number of prosecutions for illegal firearms trafficking. As a 
     result, the conferees direct that, of the $27,000,000 to be 
     provided for YCGII efforts, $16,000,000 be used to hire 81 
     experienced trafficking agents to expand the YCGII efforts in 
     the 27 pilot cities. As part of the expansion, the conferees 
     recommend that not less than $2,400,000 be used for the 
     addition of 12 experienced trafficking agents, including 3 in 
     Milwaukee, Wisconsin, to implement a multifaceted regional 
     enforcement strategy within the Midwest region. The conferees 
     request that ATF give strong consideration to Aurora, CO, 
     Denver, CO, and Omaha, NE, as it determines new locations for 
     YCGII.


                               ceasefire

       The conferees agree to provide $2,000,000 for continued 
     expansion of the CEASEFIRE/IBIS program, and expect that this 
     will be used to meet requests for new equipment and related 
     installation costs. The conferees also direct the Secretary 
     of the Treasury to provide $4,000,000 to ATF from the 
     Treasury Forfeiture Fund to allow ATF to provide CEASEFIRE 
     technology to eligible State and local law enforcement 
     organizations who have requested this equipment.

    Collection and Maintenance of Federal Firearms Licensee Records

       The conferees agree that there does not appear to be a 
     written policy regarding the collection and maintenance of 
     records on the acquisition and disposition of firearms by 
     Federal firearms licensees for use in criminal or civil 
     enforcement or firearms trace systems, in particular with 
     regard to the length of time such records are kept. 
     Therefore, the conferees direct ATF to develop such a written 
     policy and provide a copy of that written policy to the 
     Committees on Appropriations no later than March 31, 1999. 
     This is in lieu of the direction by the House to provide the 
     House Committee with a report on efforts to improve its 
     practices within 90 days after enactment of this bill.

                         Contraband Cigarettes

        The conferees direct ATF to continue to fully fund its 
     investigations of diversion and trafficking of contraband 
     cigarettes, particularly on Indian lands. The conferees are 
     pleased to see that recent investigations have borne fruit in 
     a number of arrests in Oklahoma and Kansas. The conferees 
     understand that the current investigation in Oklahoma and 
     Kansas is estimated to cost up to $2,000,000 and that 
     nationwide investigation will cost approximately $8,000,000.

                     United States Customs Service


                         salaries and expenses

       The conferees agree to provide $1,642,565,000, instead of 
     $1,638,065,000 as proposed by the House and $1,630,273,000 as 
     proposed by the Senate. $9,500,000 is delayed for obligation, 
     instead of the delays proposed by the House and the Senate.
       The conferees agree to restrict purchase of vehicles to 550 
     for replacement only, as proposed by the House, rather than 
     985, as proposed by the Senate. The conferees direct the 
     Under Secretary for Enforcement to exercise strong oversight 
     over any purchases of new vehicles in keeping with 
     Department-wide efforts (addressed under Departmental 
     Offices, above) to manage the use, allocation and acquisition 
     of law enforcement vehicles. The conferees also agree that 
     $500,000 of the appropriation should be used to fund 
     expansion of services at the Vermont World Trade Office, as 
     proposed by the Senate. The conferees also agree to increase 
     the limitation on representation funding to $40,000, instead 
     of $30,000 as proposed by the House and Senate.
       The conferees agree to provide $2,500,000 to remain 
     available until expended for the costs of relocation of the 
     New Orleans Air Branch from Belle Chase, Louisiana, to 
     Hammond, Louisiana.

                  Customs Integrity Awareness Program

       The conferees agree to provide $6,000,000 to the Customs 
     Service, fully funding the new Customs Integrity Awareness 
     Program (CIAP), as proposed by the House, instead of 
     $4,200,000 as proposed by the Senate. The conferees direct 
     the Secretary of the Treasury to be fully engaged in CIAP, 
     providing necessary oversight and assistance to the Customs 
     Service Office of Internal Affairs in order to achieve 
     program goals.

                           Child Pornography

       The conferees strongly support Customs leadership in 
     stopping the vile traffic in child pornography and are 
     pleased with its recent successful takedown of a major 
     international pornography organization. To continue this 
     success, the conferees agree to set aside $2,400,000 of the 
     Customs appropriation to double the staffing and resources 
     for the child pornography cyber-smuggling initiative, as 
     proposed by the Senate, instead of

[[Page H11511]]

     $2,000,000 proposed by the House to be funded through the 
     Violent Crime Reduction Trust Fund. In addition, the 
     conferees agree to include $1,000,000 in the Violent Crime 
     Reduction Trust Fund for technology support for this 
     initiative.

        Customs Inspection Services for International Air Cargo

       The conferees are concerned about the availability of 
     Customs Service personnel to provide inspection services for 
     airports that are seeing increased traffic or project such 
     increases as part of regional development patterns. In many 
     locations Customs has been asked to initiate or expand the 
     level and availability of such services. The conferees 
     understand that decisions to allocate inspection personnel 
     must be based on availability of staff and funding, and 
     should also be a function of the level of current or expected 
     traffic, as well as concerns about enforcing trade laws and 
     countering smuggling threats. At the same time, the conferees 
     recognize that some airports, such as Dulles International 
     Airport, Miami International Airport, and Fort Lauderdale 
     International Airport, are experiencing growth and may have 
     good cases for initiating or increasing cargo traffic 
     operations, which are dependent on the availability of 
     specific Customs inspection services. The conferees therefore 
     urge the Customs Service, as it undertakes to establish a 
     comprehensive model for assessing and allocating its 
     inspection and investigative staff, to work closely with the 
     airport authorities and the trade community to ensure that it 
     will meet requirements for new and expanded service. The aim 
     of such a process should be allocation of staff and resources 
     that is in the best interest of regional economic interests, 
     trade, and the mission of the Customs Service.

 Operations, Maintenance and Procurement, Air and Marine Interdiction 
                                Programs

       The conferees agree to provide $113,688,000, instead of 
     $100,688,000 as proposed by the House and $113,488,000 as 
     proposed by the Senate. No funding for this account would be 
     delayed, as had been proposed by the Senate, and there is no 
     earmark for activities in South Florida and the Caribbean, as 
     had been proposed by the Senate. This number includes an 
     additional $1,000,000 for increased support for operations 
     and upgrades for equipment for the marine enforcement program 
     and $14,200,000 for Black Hawk helicopter program support.

                         Black Hawk Helicopters

       The conferees have included $14,200,000 to restore three 
     off line Black Hawk helicopters to an operational readiness 
     condition and provide for increased operation and maintenance 
     requirements for Customs' helicopter component. The conferees 
     understand that this funding will permit Customs to 
     increase Black Hawk flying hours from 18 to 30 hours per 
     month. The conferees direct the Customs Service to 
     maximize the mission operability of all sixteen Black Hawk 
     helicopters assigned to the Air Interdiction Program.


                         customs marine program

       The conferees include an additional $1,000,000 to augment 
     the $5,200,000 requested for the marine program.


              customs air and marine interdiction programs

       The conferees continue to be impressed with the successes 
     associated with the Customs Air and Marine Interdiction 
     programs and are aware of the growing operational commitments 
     associated with this success. The conferees encourage the 
     Customs Service to examine the benefits of a consolidated air 
     maintenance system and take actions to improve operational 
     coordination of its air assets to meet our national drug 
     enforcement priorities. The conferees, in the interest of 
     maintaining viable and effective air and marine interdiction 
     programs, direct the Customs Service to develop two 
     comprehensive modernization plans for the air interdiction 
     and marine enforcement programs, respectively. These plans 
     shall be submitted with the President's fiscal year 2000 
     budget and should include the projected lifespans and project 
     a replacement schedule, as well as the current status, of 
     each aircraft or vessel; associated operations and 
     maintenance activities for these craft; and any costs for 
     fleet extension or modernization. These modernization plans 
     should be living documents that the Customs Service 
     continually reevaluates and utilizes in its effort to 
     maximize its operational effectiveness.


                           special operations

       The conferees agree that the special operations 
     requirements of the Customs Service Air and Marine 
     Interdiction Programs demand special tactical and logistical 
     operations considerations due to the high threat nature of 
     these activities. The conferees direct the Customs Service to 
     review its utilization of these special operations assets 
     with the goal of improving management, coordination, training 
     and utilization of equipment and personnel. The Customs 
     Service should consider all options to achieve the greatest 
     efficiency and productivity for our coastal and border 
     interdiction efforts.

                    Bureau of Engraving and Printing


                          dollar bill redesign

       To combat international counterfeiting threats to the 
     United States, the Department of the Treasury is continuing 
     to redesign Federal Reserve Notes. By the end of 1999, newly 
     designed $100, $50, and $20 Federal Reserve Notes will be in 
     circulation.
       The conferees remain concerned about the cost associated 
     with producing special anti-counterfeiting properties for the 
     estimated 6 billion circulating $1 Federal Reserve Notes. As 
     a result, the conferees do not believe the Bureau of 
     Engraving and Printing should undertake cost prohibitive 
     anti-counterfeiting changes to the $1 note. However, the 
     conferees do believe it is important to update the currency, 
     such as making minor modifications to assist the visually 
     impaired.
       Therefore, the conferees direct the Department of the 
     Treasury and the Bureau of Engraving and Printing not to 
     pursue redesign of the $1 Federal Reserve Note to combat 
     international counterfeiting threats, but to only make minor 
     design enhancements to the $1 note for the visually impaired 
     and elderly population, provided it has no effect on the use 
     of $1 Federal Reserve Notes with existing bill accepting 
     machinery.

                       Bureau of the Public Debt


                     administering the public debt

       The conference agreement appropriates $172,100,000 for the 
     Bureau of the Public Debt as proposed by the House and the 
     Senate.
       The conference agreement also provides that $2,000,000 of 
     the funds provided shall be available until September 30, 
     2001, for information systems modernization initiatives as 
     proposed by the House instead of $1,000,000 as proposed by 
     the Senate.
       The conferees are aware that additional funds in the amount 
     of $1,000,000 are required in fiscal year 1999 for Year 2000 
     compliance.

                        Internal Revenue Service


                 processing, assistance, and management

       The conference agreement appropriates $3,086,208,000 for 
     Processing, Assistance, and Management instead of 
     $3,025,013,000 as proposed by the House and $3,077,353,000 as 
     proposed by the Senate. The amount provided includes 
     $90,650,000 for mandatory cost increases and $70,279,000 for 
     base realignments from the Tax Law Enforcement account. The 
     conferees have agreed not to transfer funding for the TIMIS 
     personnel/payroll system from the Information Systems 
     appropriation to this account as proposed by the Senate.
       The budget request for Processing, Assistance, and 
     Management included $58,325,000 for customer service 
     initiatives. Funding for these initiatives has been included 
     in the Information Systems account as proposed by the House. 
     The Senate had proposed to provide $18,145,000 for customer 
     service initiatives in this account.
       The conferees want to express strong support for the 
     Commissioner's proposal for organizational modernization. The 
     recently enacted Internal Revenue Service Restructuring and 
     Reform Act of 1998 will allow the Commissioner to make 
     significant operational improvements through organizational 
     modernization and reorganization. Therefore, the conference 
     agreement also includes $25,000,000 for organizational 
     modernization and restructuring of the Internal Revenue 
     Service, the total amount requested by the Administration for 
     that purpose. However, because the restructuring legislation 
     has only recently been enacted and the Commissioner has not 
     yet been able to provide a detailed plan and cost estimate 
     for the restructuring effort, the conferees have included 
     language in the bill which delays these funds for obligation 
     until September 30, 1999.
       The conferees have also provided $2,000,000 for low income 
     taxpayer clinics. These funds will be used to award matching 
     grants to develop, expand, or continue qualifying low income 
     taxpayer clinics as authorized in Section 3601 of the 
     Internal Revenue Service Restructuring and Reform Act of 
     1998.
       The conference agreement includes language proposed by the 
     Senate delaying the availability of $105,000,000 for postage 
     costs until September 30, 1999, and language proposed by the 
     Senate stating that funds shall continue to be provided to 
     the United States Postal Service for postage due.


                           taxpayer education

       The conferees agree that the Internal Revenue Service needs 
     to be more proactive in educating our citizens. Therefore, 
     the conferees believe that the IRS should consider the 
     feasibility of a taxpayer education initiative which 
     encourages IRS employees to visit schools to talk about the 
     history of our tax system as well as taxpayer rights and 
     responsibilities. Further, the conferees believe that the IRS 
     should provide no less than $750,000 to create an educational 
     program, such as the project currently under development at 
     the University of Florida, covering matters of current 
     interest to those involved in administering, advising, 
     teaching, and studying the technical aspects of Federal 
     taxation. Therefore, the conferees request that the IRS 
     provide an analysis of these proposals, and steps they would 
     take to implement these proposals, to the Committees on 
     Appropriations by March 1, 1999.


                          tax law enforcement

       The conference agreement appropriates $3,164,189,000 for 
     Tax Law Enforcement as proposed by the House instead of 
     $3,164,399,000 as proposed by the Senate. The conference 
     agreement does not delay the availability of $175,000,000 of 
     the funds appropriated until September 30, 1999, proposed by 
     the Senate.
       The budget request included $2,645,000 for customer service 
     initiatives. Funding for these initiatives has been included 
     in the Information Systems account as proposed by the House. 
     The Senate had proposed to fund $210,000 for customer service 
     initiatives in this account.

[[Page H11512]]

               tax standards for tax-exempt health clubs

       The conferees are aware that there has been significant 
     growth in health club and fitness services. Intensified 
     competition has developed a market for for-profit and tax-
     exempt health clubs. With certain tax-exempt organizations 
     moving away from their core purpose, questions arise as to 
     whether they are engaging in commercial competition with the 
     for-profit sector. The conferees understand that the IRS has 
     developed appropriate standards based on broad community 
     accessibility for determining whether fitness activities are 
     substantially related to the charitable mission of community 
     organizations, such as YMCAs, YWCAs, and JCCs, organizations 
     with a variety of programs based on community needs, 
     including health and fitness for people of all ages, incomes, 
     and abilities. Accordingly, changes in the standards that 
     apply to such organizations are not the conferees' concern. 
     Rather, the conferees direct that the IRS review the 
     standards it applies to fitness activities operated by 
     educational and health-care organizations. The conferees 
     further request that the Department of the Treasury report to 
     Congress by April 1, 1999, on the statutory and regulatory 
     changes that may be needed to assure that the health and 
     fitness activities of these organizations substantially 
     further the purposes for which the organization was granted 
     tax exemption and do not constitute unfair competition with 
     private sector, taxable organizations.


                            transfer pricing

       The conferees are concerned about the Nation's loss of 
     revenue as a result of foreign corporations employing 
     transfer pricing. Transfer pricing, utilized by State Trading 
     Enterprises, reallocates items of income and deduction among 
     entities under common control. Reallocation of the income and 
     deduction results in minimizing the U.S. tax of foreign 
     corporations' U.S. affiliates. Since the foreign parent 
     corporations do not normally do business in the United 
     States, their income is completely free from U.S. tax.
       To ensure the Internal Revenue Service is vigorously 
     administering section 482 of the Internal Revenue Code, which 
     empowers the Secretary of the Treasury to distribute, 
     apportion, and allocate items of gross income and deduction 
     between the parent corporations and their U.S. affiliates, 
     the conferees direct the Internal Revenue Service to review 
     and report to Congress, no later than six months after 
     enactment of this Act, on the following issues: IRS's loss of 
     revenue as a result of transfer pricing; detailed information 
     on IRS's administration of section 482 to distribute, 
     apportion, and allocate items of gross income and deduction; 
     and recommendations on how to improve the collection of 
     revenue from trading enterprises.


                          information systems

       The conference agreement appropriates $1,265,456,000 for 
     Information Systems instead of $1,224,032,000 as proposed by 
     the House and $1,329,486,000 as proposed by the Senate. The 
     amount provided includes $43,939,000 for mandatory cost 
     increases; however, the conferees have agreed not to transfer 
     funding for the TIMIS personnel/payroll system from this 
     appropriation to the Processing, Assistance, and Management 
     account. In addition, the conference agreement includes an 
     increase of $32,900,000 for operational information systems 
     as proposed by the House and the Senate and $68,700,000 for 
     the modernization program infrastructure as proposed by the 
     Senate instead of $34,350,000 as proposed by the House.
       The conferees have agreed to include language in the bill 
     which provides that $103,000,000 of the funds appropriated in 
     this account shall only be available for improvements to 
     customer service. This is the full amount requested by the 
     Administration for customer service initiatives within the 
     Internal Revenue Service.
       The conferees are aware that additional funds in the amount 
     of $359,000,000 are required in fiscal year 1999 for Year 
     2000 compliance. Included in that total is: $8,700,000 for 
     the submissions processing investment program, $4,000,000 for 
     compliance research information systems, $33,300,000 for 
     examination laptop computers, $60,700,000 to complete the 
     rollout of the Integrated Collection System, $4,300,000 for 
     the Inventory Delivery System, and $14,000,000 for the 
     Integrated Personnel System.
       The conference agreement deletes language proposed by the 
     Senate which delayed the availability of $68,700,000 of the 
     funds appropriated until September 30, 1999.


                   information technology investments

       The conference agreement appropriates $211,000,000 for 
     Information Technology Investments instead of $210,000,000 as 
     proposed by the House and $137,569,000 as proposed by the 
     Senate. These funds are not available for obligation until 
     September 30, 1999. The conference agreement also provides 
     that the funds shall remain available until September 30, 
     2002, as proposed by the Senate instead of remaining 
     available until expended as proposed by the House.
       The conference agreement includes language proposed by the 
     House which specifies the contents of an expenditure plan 
     that the Internal Revenue Service and the Department of the 
     Treasury are required to submit before the funds appropriated 
     may be obligated.
       The conferees are concerned that the IRS's efforts to 
     modernize its information systems could divert its attention 
     from the more pressing matter of assuring that all of its 
     existing systems will be Year 2000 compliant. The conferees 
     expect that IRS will continue to view Year 2000 compliance as 
     its highest priority and direct that the IRS not divert any 
     resources from its Year 2000 efforts to the information 
     systems modernization program.


          administrative provisions--internal revenue service

       Section 101. The conference agreement includes a provision 
     proposed by the House and the Senate which allows the 
     transfer of 5 percent of any appropriation made available to 
     the IRS to any other IRS appropriation subject to 
     Congressional approval.
       Section 102. The conference agreement includes a provision 
     proposed by the House and the Senate which requires the IRS 
     to maintain a training program in taxpayer's rights, dealing 
     courteously with taxpayers, and cross cultural relations.
       Section 103. The conference agreement includes a provision 
     proposed by the House and the Senate which requires the IRS 
     to maintain taxpayer services at not less than fiscal year 
     1995 levels.
       Section 104. The conference agreement includes a provision 
     proposed by the House and the Senate which prohibits the 
     expenditure of funds for the collection of taxes unless the 
     conduct of officers and employees of the IRS complies with 
     the Fair Debt Collection Practices Act.
       Section 105. The conference agreement includes a provision 
     proposed by the House and the Senate which requires the IRS 
     to institute policies and practices which will safeguard the 
     confidentiality of taxpayer information.
       Section 106. The conference agreement includes a provision 
     proposed by the House and the Senate which directs that funds 
     shall be available for improved facilities and increased 
     manpower to provide sufficient and effective 1-800 help line 
     telephone assistance.
       Section 107. The conference agreement includes a provision 
     proposed by the Senate which provides that no reorganization 
     of the field office structure of the Internal Revenue Service 
     Criminal Investigation Division will result in a reduction in 
     the number of criminal investigators in Wisconsin and South 
     Dakota from the 1996 level.
       The conference agreement deletes a Sense of the Senate 
     provision regarding the use of random selection of returns 
     for examination by the Internal Revenue Service.

                      United States Secret Service


                         salaries and expenses

       The conferees agree to provide $600,302,000 instead of 
     $594,657,000 as proposed by the House and $584,902,000 as 
     proposed by the Senate. This includes an additional 
     $18,000,000 for the costs of protective travel. The conferees 
     agree that $1,623,000 required for fixed site security will 
     be included in the Acquisition, Construction, Improvement, 
     and Related Expenses account, as proposed by the Senate. The 
     conferees also agree that the limitation for new vehicle 
     purchases shall be 739, as proposed by the House, rather than 
     705, as proposed by the Senate. The conferees direct the 
     Under Secretary for Enforcement to exercise strong oversight 
     over any purchases of new vehicles in keeping with 
     Department-wide efforts (addressed under Departmental 
     Offices, above) to manage the use, allocation and acquisition 
     of law enforcement vehicles. The conferees agree that 
     $5,000,000 shall not be available for obligation until 
     September 30, 1999.
       The conferees are aware that additional funds in the amount 
     of $3,000,000 are required in fiscal year 1999 for Year 2000 
     compliance.


                           protective travel

       The conferees continue to be concerned about shortfalls in 
     the United States Secret Service protective travel activity. 
     Therefore the conferees direct the Service to develop an 
     accurate financial plan for predicting protective travel 
     needs, and report regularly to the Committees on 
     Appropriations on their progress. As part of the financial 
     plan the conferees expect the funds for this activity will be 
     apportioned separately. The Service should consult with the 
     Office of Management and Budget about the level of detail 
     required in the financial plan. The conferees agree to 
     provide additional funding of $18,000,000 for protective 
     travel, which is made available for two fiscal years.


                       armored primary limousines

       The conferees understand the need to provide the President 
     of the United States safe and secure ground transportation 
     both locally and around the world. The conferees are, 
     however, concerned with the Secret Service's projected cost 
     to acquire primary limousines for this purpose. As a result, 
     the conferees direct the Secret Service to report to the 
     Committees on Appropriations on the major differences and 
     costs between the proposed project and armored vehicles 
     previously acquired by the Service prior to the obligation of 
     funds for this project.


      ACQUISITION, CONSTRUCTION, IMPROVEMENT, AND RELATED EXPENSES

       The conferees agree to provide $8,068,000 as proposed by 
     the Senate, instead of $6,445,000 as proposed by the House, 
     which includes $1,623,000 for fixed site security.

             General Provisions--Department of the Treasury

       Section 110. The conference agreement includes a provision 
     which requires the Secretary of the Treasury to comply with 
     certain reprogramming guidelines when obligating or expending 
     funds for law enforcement

[[Page H11513]]

     activities from unobligated balances available on September 
     30, 1999, as proposed by the Senate instead of September 30, 
     1998, as proposed by the House.
       Section 111. The conference agreement includes a provision 
     proposed by the House and the Senate which allows the 
     Department of the Treasury to purchase uniforms, insurance, 
     and motor vehicles without regard to the general purchase 
     price limitation, and enter into contracts with the State 
     Department for health and medical services for Treasury 
     employees in overseas locations.
       Section 112. The conference agreement includes a provision 
     proposed by the House and the Senate which requires the 
     expenditure of funds so as not to diminish efforts under 
     section 105 of the Federal Alcohol Administration Act.
       Section 113. The conference agreement includes a provision 
     proposed by the House and the Senate which authorizes 
     transfers, up to 2 percent, between law enforcement 
     appropriations under certain circumstances.
       Section 114. The conference agreement includes a provision 
     proposed by the House and the Senate which authorizes 
     transfers, up to 2 percent, between the Departmental Offices, 
     Office of Inspector General, Financial Management Service, 
     and Bureau of the Public Debt appropriations under certain 
     circumstances.
       Section 115. The conference agreement includes a provision 
     proposed by the Senate which amends 18 U.S.C. 921(a) by 
     broadening the definition of explosives and redefining the 
     term ``antique firearm.''
       Section 116. The conference agreement includes a provision 
     regarding the purchase of law enforcement vehicles.
       Section 117. The conferees have agreed to the provision 
     contained in Section 117 of the Senate bill regarding the 
     execution of property upon judgements against foreign state 
     violators of international law. The conferees have included 
     additional language giving the President the authority to 
     waive the requirements of this provision in the interest of 
     national security.


                           ELECTRONIC FILING

       The conferees have agreed to delete language requested by 
     the Administration and contained in Section 115 of the House 
     and Senate bills regarding the electronic filing of tax 
     returns since this matter has been addressed in a 
     comprehensive fashion in the Internal Revenue Service 
     Restructuring and Reform Act of 1998. In undertaking any 
     electronic tax administration programs, the conferees expect 
     the Internal Revenue Service to assure the security of all 
     electronic transmissions and provide for the full protection 
     of the privacy of taxpayer data.


                             CURRENCY PAPER

       The House and Senate passed bills each contained a 
     provision (Section 116 of both bills) regarding the 
     acquisition of currency paper by the Bureau of Engraving and 
     Printing. The conferees have agreed to include no language in 
     the bill regarding this issue. The conferees are aware of 
     attempts made by the Bureau of Engraving and Printing (BEP) 
     to address concerns regarding the need to make it easier for 
     all United States paper companies to compete for currency 
     paper contracts. However, the conferees expect the BEP to 
     continue to enhance the process for procuring currency paper 
     to the extent permitted under Federal law. In carrying out 
     its currency paper procurement responsibilities, the 
     conferees expect BEP to secure the best overall value for the 
     government, giving equal consideration to all cost factors. 
     Based on the General Accounting Office's (GAO) inability to 
     reach any concrete conclusions with respect to competition 
     and pricing, the conferees understand this issue is very 
     complicated and, therefore, direct the Department of the 
     Treasury and the Bureau of Engraving and Printing to report 
     to the Committees on Appropriations how they plan to address 
     GAO's recommendations to the Secretary of the Treasury. 
     Further, it is the conferees' understanding that the 
     authorizing committees in both the House and Senate will 
     closely examine the GAO report, hold hearings on this matter, 
     and develop legislation, if necessary, to ensure that the 
     Federal government will have adequate competition and fair 
     pricing.

                        TITLE II--POSTAL SERVICE

                  Payments to the Postal Service Fund

       The conferees agree to provide $71,195,000 as proposed by 
     the House and the Senate. The conferees defer the obligation 
     of these funds until October 1, 1999, as proposed by the 
     Senate.

                    Non-Postal Commercial Activities

       The conferees are aware that the Postal Service is 
     initiating a wide range of new commercial activities. These 
     activities include, but are not limited to, volume retail 
     photocopying, packaging services, bankwire services, the sale 
     of office supplies and novelty items, and new e-commerce or 
     Internet related technologies.
       The conferees recognize the Postal Service's need to 
     generate new sources of revenue to offset its operating 
     costs. However, many of the Postal Service's new commercial 
     activities may result in unfair competition with a number of 
     private sector enterprises, thus raising significant policy 
     issues about the Postal Service's present and future 
     commercial role.
       Therefore, the conferees request the Postal Service submit, 
     within 6 months of enactment of this Act, a report on its 
     ongoing and planned commercial services, including policy 
     justifications, the costs of development and implementation, 
     revenues earned, and revenues lost. As part of the report, 
     the conferees are interested in packaging services (``Pack 
     and Send'') and specifically direct the Postal Service to 
     describe how packaging services will meet ``customer demand'' 
     in all geographic regions, especially rural areas, before 
     such service is initiated. The conferees believe these issues 
     deserve consideration by the authorizing committees.

                       Avondale-Goodyear, Arizona

       The conferees urge the Postal Service, before awarding any 
     contract to purchase or lease property for the Main Post 
     Office in Avondale-Goodyear, Arizona, to do an analysis of 
     the population presently in this area to be used in assisting 
     the Postal Service in making a selection which will be most 
     accessible for the current and future population of the area. 
     The Postal Service shall report to the Committees prior to 
     awarding any contract for sale or lease, but in no event 
     later than October 14, 1998.

                        Gilpin County, Colorado

       The conferees urge the Postal Service to seriously consider 
     providing a separate ZIP Code for Gilpin County, Colorado.

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

                           White House Office


                         SALARIES AND EXPENSES

       The conferees agree to provide $52,344,000 for White House 
     Office Salaries and Expenses, as proposed by the House and 
     the Senate. The conferees provide $10,100,000 for 
     reimbursements to the White House Communications Agency as a 
     specific line item, as proposed by the House.

                 Executive Residence at the White House


                           OPERATING EXPENSES

       The conferees provide $8,061,000, as proposed by the House 
     instead of $8,691,000, as proposed by the Senate and prohibit 
     the use of these funds for domestic staff overtime. As a 
     separate provision, the conferees include $630,000 for 
     domestic staff overtime and make these funds available upon 
     the Comptroller General notifying the Committees that the 
     Executive Office of the President (EOP) has received, 
     reviewed and commented on the draft report of the General 
     Accounting Office (GAO) with respect to Executive Residence 
     operations and that the GAO is in receipt of the EOP's 
     comments.

                        Office of Administration


                         SALARIES AND EXPENSES

       The conferees agree to provide $28,350,000 for the Office 
     of Administration as proposed by the House instead of 
     $29,140,000 as proposed by the Senate.
       The conferees are aware that additional funds of 
     $12,200,000 for Year 2000 compliance within the Executive 
     Office of the President are required for fiscal year 1999.

                    Office of Management and Budget


                         SALARIES AND EXPENSES

        The conferees agree to provide $60,617,000 for the Office 
     of Management and Budget as proposed by the Senate instead of 
     $59,017,000 as proposed by the House. The conferees agree to 
     delete the earmark and the fence on the use of funds for the 
     Office of Information and Regulatory Affairs, as proposed by 
     the Senate, and include two provisos regarding the review of 
     transcripts of the Committees on Veterans' Affairs and 
     agricultural marketing orders, as proposed by the House. The 
     conferees have included new language to amend Section ____.36 
     of OMB Circular A-110 to ensure that all data produced under 
     an award will be made available to the public through the 
     procedures established under the Freedom of Information Act.
       Including technical modifications, the conferees agree to 
     include bill language requiring OMB to report on government 
     wide paperwork reduction and the implementation of the 
     Congressional Review Act, as proposed by the Senate.

               Performance of Statutory Responsibilities

        The conferees have agreed to delete the earmark of 
     $5,229,000 for the Office of Information and Regulatory 
     Affairs (OIRA) and a fence of $1,200,000 for OIRA. The 
     conferees have been assured that OMB will strictly adhere to 
     the statutory requirements included in the bill on Paperwork 
     Reduction and the Congressional Review Act. The conferees 
     will monitor OMB's compliance with these requirements 
     carefully.

                Federal Employees' Pay Comparability Act

        The conferees question the validity of the 
     Administration's use of the ``serious economic conditions'' 
     exception in the Federal Employees', Pay Comparability Act 
     (FEPCA) to put forth an alternative pay plan for 1999. Press 
     reports have indicated that members of the Administration may 
     have concerns regarding the pay setting methodology 
     established by FEPCA. In an effort to see that FEPCA is 
     either fully implemented or perfected, the conferees direct 
     the President's Pay Agent to provide the Committees with any 
     pay setting methodology concerns it has with regard to FEPCA 
     by May 1, 1999.

                        Century Date Conversion

       The conferees remain concerned that with little more than a 
     year to go before the new millennium, many critical 
     government information systems are still in jeopardy of not 
     meeting the January 1, 2000, deadline for date conversion. 
     The conferees further believe that the Administration has 
     failed to adequately champion the Y2K issue, not only

[[Page H11514]]

     to its own departments, but has also not provided the 
     critical national leadership and coordination to our local, 
     state and international partners in both the public and 
     private sectors. Information systems experts have reported 
     that the Y2K fix is rooted in management and oversight, not 
     in the lack of technology available to address the problem. 
     Unfortunately, valuable time has been lost waiting for 
     management to embrace the magnitude and consequences of this 
     issue. Only recently, has organizational management finally 
     recognized the potential for shut down of critical 
     information systems associated with entitlement payments, 
     revenue collection, air traffic control, defense systems, 
     telecommunications, mass transit, supply inventories, 
     elevator function, medical equipment, to mention a few. Many 
     agencies at all levels of government still do not have a 
     complete grasp of the problem and are now at the greatest 
     risk for systems failure.
       The conferees direct the Administration to focus all of its 
     attention and resources on the management and oversight of 
     the most critical date sensitive information and 
     infrastructure systems, prioritizing systems renovations, 
     repair and replacement to those that can meet the January 1, 
     2000, deadline. The conferees further direct the 
     Administration to accelerate the development of contingency 
     plans for those critical systems that cannot meet the Y2K 
     deadline, in order to maintain functional systems operations, 
     until patent date conversion repairs can be completed.
       The conferees strongly encourage the new Y2K Czar to take a 
     high profile national leadership position, to aggressively 
     promote century date change awareness for both information 
     technology systems and sensitive infrastructure applications. 
     The Y2K Czar should monitor, coordinate and provide oversight 
     over the progress of all government-wide century date change 
     conversion initiatives, with the primary goal of maintaining 
     critical systems operations into the new millennium. Finally, 
     the Y2K Czar should have Administration standing to directly 
     access and take control of any critical agency system that is 
     in jeopardy of not meeting the January 1, 2000, deadline 
     because of ineffective management action.
       OMB is directed to include in its quarterly Y2K report 
     submissions an assessment of those critical information 
     systems that will not meet the Y2K deadline and the problems 
     that can be anticipated. In addition, the report should 
     include the status of operational contingency plans for those 
     systems identified as being in jeopardy.

                    Violent Crime Reduction Programs

       The conferees expect the President's budget submissions for 
     the Department of the Treasury's funding from the Violent 
     Crime Reduction Trust Fund be reflected for the Department as 
     a whole and not separately within each bureau's request.

                 Office of National Drug Control Policy


                         SALARIES AND EXPENSES

        The conferees agree to provide $48,042,000 for the Office 
     of National Drug Control Policy (ONDCP) as proposed by the 
     Senate, instead of $36,442,000 as proposed by the House. This 
     includes $13,000,000 to continue the technology transfer 
     pilot program managed by the Counterdrug Technology 
     Assessment Center (CTAC). It also includes $17,942,000 for 
     ONDCP operations, as proposed by the Senate, $16,000,000 for 
     the basic CTAC program, and $1,100,000 for policy research of 
     which $100,000 is to be used for evaluating the Drug-Free 
     Communities Act, as proposed by the Senate. The conferees 
     agree to modify language governing the authority of ONDCP to 
     accept and use gifts.
        The conference agreement separately funds $1,000,000 for 
     Model State Drug Law Conferences through the Violent Crime 
     Reduction Trust Fund.

                             ONDCP Staffing

       The conferees are concerned about requests by ONDCP to 
     reprogram monies from the Salaries and Expenses account to 
     fund other initiatives. The conferees in the past have fully 
     supported and funded the full time equivalent staffing level 
     requested by ONDCP and are concerned that ONDCP is not 
     filling those vacancies but is instead requesting to use 
     those funds for other purposes. The conferees believe that 
     ONDCP needs to maintain its staffing at the authorized level 
     in order to maximize the agency's effectiveness. The 
     conferees therefore direct ONDCP to review its staffing 
     requirements and report back to the Committees on 
     Appropriations by December 15, 1998, on the steps it is 
     taking to fill the vacancies or, if not, what changes it is 
     making in its staffing plan.

                 Performance Measures of Effectiveness

       The conferees strongly urge ONDCP to work within the 
     Administration to ensure that the Performance Measures of 
     Effectiveness (PMEs) it developed are embraced and employed 
     by all federal agencies for future budgetary and planning 
     work. The conferees direct ONDCP to apply the same standard 
     to its own internal management and organization, and to 
     include such measures with each new budget submission.

                   Research and Analysis Initiatives

       The conferees recognize that ONDCP has proposed some 
     initiatives for research that, owing to lack of resources, 
     cannot be funded in this appropriation. Nonetheless, the 
     conferees strongly urge ONDCP to continue to press through 
     its interagency leadership to coordinate research in such 
     areas as improving R&D coordination, developing a government-
     wide intelligence architecture, and mapping out drug 
     trafficking flows.

                     Protective Security Assessment

       The conferees have included a new general provision, 
     Section 643, as proposed by the Senate which directs the U.S. 
     Marshals Service to conduct a threat assessment on the 
     Director of the Office of National Drug Control Policy on a 
     quarterly basis. The level of security is to be provided to 
     ONDCP on a reimbursable basis by the U.S. Marshals Service 
     and will be based on this quarterly threat assessment.

                         Rural Drug Conferences

       The conferees are concerned about the spread of drugs and 
     drug-related crimes to rural areas and whether or not rural 
     law enforcement can sufficiently address these new trends. 
     Therefore, the conferees encourage the Director to consider 
     convening a national conference on rural drug crime, to 
     include regional conferences in rural areas, such as Luna 
     County, NM, and similar counties in Colorado, in order to 
     assess the needs of rural law enforcement and the impact that 
     drug-related crimes have on rural communities as they cope 
     with these issues.
       The conferees believe that ONDCP can combine its knowledge 
     and experience working with larger communities in this area 
     and translate effective drug fighting practices to rural law 
     enforcement, while taking into consideration their unique 
     needs. Should ONDCP convene this event, the conference is 
     requested to report to the Committees on Appropriations and 
     the Director of ONDCP on its findings.

                                 Shout

       The conferees have provided $50,000 to continue the work of 
     SHOUT, an outreach organization that works with minors, as 
     defined by 21 CFR 897.14. This early intervention program 
     focuses on shaping the attitudes of minors in order to 
     discourage the use of illegal substances.

                Counterdrug Technology Assessment Center

       The conferees expect the multiagency research and 
     development programs to be coordinated by the Counterdrug 
     Technology Assessment Center (CTAC) in order to prevent 
     duplication of effort and to assure that, whenever possible, 
     those efforts provide capabilities that transcend the need of 
     any single Federal agency. Prior to obligation of these 
     funds, the conferees expect to be notified by the chief 
     scientist on how these funds will be spent. The conferees 
     also expect to receive periodic reports from the chief 
     scientist on the priority counterdrug enforcement research 
     and development requirements identified by the Center and 
     on the status of projects funded by CTAC.

                     Federal Drug Control Programs


             high intensity drug trafficking areas program

       The conferees provide $182,477,000, instead of $162,007,000 
     as proposed by the House and $183,977,000 as proposed by the 
     Senate. The conferees agree to fund all existing High 
     Intensity Drug Trafficking Areas (HIDTAs) at the fiscal year 
     1998 level. This funding level shall be based on direct 
     fiscal year 1998 appropriations for HIDTAs contained in the 
     HIDTA and Violent Crime Reduction Trust Fund accounts. The 
     conferees also agree that not less than fifty-one percent of 
     this amount shall be transferred to State and local entities 
     for drug control activities.
       Within the amount appropriated, the conferees include 
     $20,477,000 to supplement or expand existing HIDTAs, or 
     provide for the creation of new HIDTAs. The conferees have 
     been informed that unmet needs for funding exist in: the 
     Arizona HIDTA for completion of an intelligence center and 
     unmet programmatic needs for methamphetamine and border 
     initiatives; the New Mexico HIDTA for unmet programmatic 
     needs; the Southwest HIDTA for its wiretapping initiative; 
     the Cascade HIDTA for unmet programmatic needs; the expansion 
     of the Midwest HIDTA to include the State of North Dakota; 
     the Rocky Mountain HIDTA for expansion of its methamphetamine 
     initiative; the Chicago HIDTA for unmet programmatic needs; 
     and the Central Florida HIDTA for unmet programmatic needs. 
     Additionally, the conferees are aware of interest in the 
     designation of new HIDTAs in the New England states, East 
     Texas, Ohio, and Hawaii.
       While the conferees are obviously supportive of the HIDTA 
     program, it is critical to the continued support and the 
     health of all HIDTAs and the program in general that 
     decisions about funding be founded on clear, concrete 
     measures of performance. The conferees also believe that 
     ONDCP must have the flexibility to allocate resources to 
     those HIDTAs that will have the greatest impact on our drug 
     problems. In making these decisions, ONDCP must focus on the 
     performance of HIDTAs, existing or proposed, and their 
     significant impact on drug trafficking, use, and associated 
     crime. This means that ONDCP must assess which HIDTAs are the 
     top performers and document the factors it uses to make this 
     determination. At the same time, ONDCP must determine where 
     the impact will be greatest based on the combined effect of 
     HIDTA performance and the nature and severity of drug 
     problems that exist in the areas where HIDTAs currently 
     operate or are proposed--whether measured by use, associated 
     crime, or volume of trafficking in drugs or money. The 
     conferees therefore direct ONDCP to submit

[[Page H11515]]

     its fiscal year 2000 budget for HIDTAs based on applying both 
     ONDCP's own performance measures of effectiveness and the 
     priorities dictated by changing threats.


                        special forfeiture fund

       The conferees agree to provide $214,500,000, instead of 
     $215,000,000 as proposed by the House and $200,000,000 as 
     proposed by the Senate. This includes $185,000,000 for the 
     youth media campaign, $20,000,000 for implementation of the 
     Drug-Free Community Act, $5,000,000 for the chronic users 
     study, and $4,500,000 for a transfer to the Agricultural 
     Research Service for anti-drug research and related matters.


                          youth media campaign

       The conferees recommend a funding level of $185,000,000 for 
     the National Media Campaign. In fiscal year 1998, ONDCP 
     proposed a 5-year media campaign at a total cost to the 
     Federal government of $875,000,000. The initial request was 
     based on a $175,000,000 annual funding level for five years 
     of the program. The conferees continue to be fully supportive 
     of this program and believe that this national media 
     campaign, if properly executed, has the potential to produce 
     concrete results. The conferees look forward to working with 
     ONDCP on this effort to produce demonstrable results as the 
     campaign matures.
       The conferees have included new language calling for ONDCP 
     to report on its efforts to achieve corporate sponsorship 
     beyond the matching requirement for participation in the 
     media campaign; clarifies the pro bono requirement; and 
     limits the possible use of funding for creative development 
     efforts. The conferees agree that 75% of the funds will 
     become available when ONDCP submits to the Committees the 
     results of Phase I of the campaign and the remainder will 
     become available when ONDCP submits the results of Phase II.
       The Committees will closely track this national media 
     campaign, and its contribution to achieving a drug-free 
     America. Therefore, the conferees direct ONDCP to submit 
     quarterly reports on the obligation of funds as well as the 
     specific parameters of the pilot campaign. The conferees 
     anticipate that future funding will be based upon results. 
     ONDCP is directed to report to the Committees on 
     Appropriations by January 15, 1999 on the effectiveness of 
     the national media campaign. In addition, ONDCP is to report 
     to the Committees within 6 months of enactment of this Act on 
     State and local prevention and treatment facilities 
     infrastructure and their capacity to handle the increased 
     demands of communities as a result of the national media 
     campaign. ONDCP is to continue to report on the effectiveness 
     and implementation status of the guidelines set out in the 
     fiscal year 1998 appropriations bill.
       The conferees direct the General Accounting Office to 
     conduct a financial audit and review of the financial 
     transactions relating to the media campaign. The conferees 
     request that the scope of the review include how monies have 
     been obligated and the effectiveness of the campaign and 
     report to the Committees on Appropriations. As part of this 
     review, GAO shall determine the definition, acquisition, and 
     utilization of matching contributions sought by ONDCP 
     relating to the media campaign. In addition, the conferees 
     direct GAO to review Phase I, the 12 city test pilot, and 
     report its findings to the Committees. This review is to 
     examine the development of the test market plan for Phase 
     I, determine the viability of extrapolating Phase I 
     results to the national level, and determine the success 
     of Phase I in the 12 city pilot.


                          chronic users study

       The Administration's budget estimate includes a request of 
     $10,000,000 to expand a preliminary user study conducted in 
     Cook County, IL. The Cook County study developed a 
     methodology for estimating the number of hardcore drug users 
     in the United States. Accurately identifying this population 
     is important since they consume a massive amount of the drugs 
     available in the United States, create a large proportion of 
     the demand for illegal drug markets, and are responsible for 
     a great deal of criminal activity. The accurate 
     identification of this population will provide communities a 
     base for estimating the type and number of drug treatment and 
     prevention programs required.
       The conferees congratulate ONDCP on conducting this study 
     and continue to support this effort. The conferees provide 
     $5,000,000 to expand the study to regional areas. Although 
     this is less than the request, the conferees understand that 
     ONDCP may be able to use this level of funding to complete a 
     study that can serve as an accurate basis for a national 
     estimate of the size and location of chronic user 
     populations. The conferees encourage ONDCP to work with the 
     Department of Health and Human Services to identify 
     additional funding sources, if necessary and available, and 
     encourage ONDCP to promote utilization of the Cook County 
     study that contributes to reductions in the population of 
     hardcore drug users.


                          unanticipated needs

       The conferees agree to provide $1,000,000 as requested by 
     the Administration for unanticipated needs.


          information technology systems and related expenses

       The conferees have not included language contained in the 
     Senate bill to provide $3,250,000,000 in contingent emergency 
     funding for Year 2000 computer conversion costs. On September 
     2, 1998, the President transmitted to Congress a request for 
     this level of funding in fiscal year 1998. The conferees 
     expect that this issue will be resolved as part of a 
     supplemental appropriation.

                     Title IV--Independent Agencies

                      Federal Election Commission


                         salaries and expenses

       The conferees agree to provide $36,500,000 as proposed by 
     the House and the Senate. This level of funding will support 
     a base appropriation of $32,580,000, an additional $2,800,000 
     for enhanced enforcement efforts, as proposed by the House 
     and Senate, and an additional $1,120,000 for other 
     initiatives, as proposed by the House. The conferees fence 
     $1,120,000, pending the submission of a plan for the 
     obligation of these funds and provide that not less than 
     $4,402,500 shall be available for internal automated data 
     processing systems. The conferees strongly recommend that the 
     FEC target the additional $1,120,000 in fenced appropriations 
     to the improvement of enforcement procedures and preventing 
     the unnecessary dismissal of appropriate enforcement actions; 
     the conferees specifically recommend that FEC expedite 
     automated data processing improvements as they relate to 
     enforcement. The conferees assume that full time employment 
     will not exceed 347 FTE in fiscal year 1999.

                    General Services Administration


                         federal buildings fund

                 limitations on availability of revenue

       The conference agreement provides $5,605,018,000 in new 
     obligational authority for the General Services 
     Administration's Federal Buildings Fund instead of 
     $5,624,128,000 as proposed by the House and $5,648,680,000 as 
     proposed by the Senate. In order to provide the resources 
     necessary to carry out that program, the conferees have 
     recommended an appropriation of $450,018,000 into the Fund 
     instead of $479,300,000 as proposed by the House and 
     $508,752,000 as proposed by the Senate.
       The conferees have provided $492,190,000 for the 
     construction and acquisition of new projects instead of 
     $527,100,000 as proposed by the House and $538,652,000 as 
     proposed by the Senate. The conferees have included funding 
     for the following projects:

Arkansas: Little Rock, U.S. Courthouse.......................$3,436,000
California:
  San Diego, U.S. Courthouse.................................15,400,000
  San Jose, U.S. Courthouse..................................10,800,000
Colorado: Denver, U.S. Courthouse............................83,959,000
District of Columbia: Southeast Federal Center Remediation...10,000,000
Florida:
  Jacksonville, U.S. Courthouse..............................86,010,000
  Orlando, U.S. Courthouse....................................1,930,000
Massachusetts: Springfield, U.S. Courthouse...................5,563,000
Michigan: Sault Sainte Marie, Border Station....................572,000
Mississippi: Biloxi--Gulfport, U.S. Courthouse................7,543,000
Missouri: Cape Girardeau, U.S. Courthouse.....................2,196,000
Montana: Babb, Piegan Border Station..........................6,165,000
New York:
  Brooklyn, U.S. Courthouse.................................152,626,000
  New York, U.S. Mission to the United Nations................3,163,000
Oregon: Eugene, U.S. Courthouse...............................7,190,000
Tennessee: Greenville, U.S. Courthouse.......................28,229,000
Texas: Laredo, U.S. Courthouse...............................28,105,000
West Virginia: Wheeling, U.S. Courthouse.....................29,303,000
Nationwide: Non-prospectus construction projects.............10,000,000

       The conferees have not provided funds for the Savannah, 
     Georgia, U.S. Courthouse Annex project. The conferees are 
     aware that at a recent meeting to consider the authorization 
     of new courthouse construction projects, the Public Buildings 
     and Economic Development Subcommittee of the House Committee 
     on Transportation and Infrastructure deferred action on this 
     project pending further review. The conferees further 
     understand that that action was taken primarily because of 
     the significant increase in estimated project cost that has 
     occurred since the approval of funds for site acquisition and 
     design, even though the size of the building has been 
     reduced. The conferees share those concerns and, have, 
     therefore, elected to defer funding for the project pending 
     resolution of the issues that have been raised by the 
     authorizing committee.
       The conferees recognize the efforts of the General Services 
     Administration and the Judiciary to reduce the cost of 
     courthouse construction and encourage the continuation of 
     these efforts. The conferees are pleased that the 
     Administrative Office of the U.S. Courts' recent draft 
     utilization study answers some questions about the 
     utilization rates of existing and proposed courthouses. 
     The conferees are aware of the Judiciary's needs to have 
     court space available to conduct business and understand 
     their position that a courtroom's existence may result in 
     moving a case to settlement. However, the conferees 
     continue to be concerned that the courts are not fully 
     examining information that is key to the development of a 
     utilization planning

[[Page H11516]]

     model. As a result, the conferees request the 
     Administrative Office of the U.S. Courts to revise the 
     utilization study to include the assumptions used to 
     develop the planning model. Additionally, the conferees 
     direct the General Services Administration to provide the 
     utilization rates of existing and proposed courtrooms with 
     any request for new construction, replacement, or 
     expansion of court space.
       The conference agreement includes language proposed by the 
     Senate authorizing the General Services Administration to re-
     acquire the parcel of land on Block 111, East Denver, Denver, 
     Colorado, which was sold at public auction by the Federal 
     government to the present owner of the property.
       The conference agreement includes language proposed by the 
     Senate which provides that funds provided in fiscal year 1993 
     for the Hilo, Hawaii, federal building shall be expended for 
     the planning and design of the Mauna Kea Astronomy 
     Educational Center.
       The conference agreement deletes language proposed by the 
     Senate regarding funding for the design of the Department of 
     Transportation headquarters building and landing rights at 
     Denver International Airport.
       The conference agreement includes language included in the 
     House reported bill which provides that of the funds provided 
     for non-prospectus construction projects, $2,100,000 shall be 
     available for acquisition, lease, construction, and equipping 
     of flexiplace telecommuting centers.
       The conferees have also agreed to include language in the 
     bill permitting the General Services Administration to 
     purchase, at the appropriate price, real estate essential to 
     meet security interests related to the successful completion 
     of the new courthouse in Scranton, Pennsylvania.
       The conferees have provided $668,031,000 for repairs and 
     alterations as proposed by the Senate instead of $655,031,000 
     as proposed by the House. The conference agreement provides 
     that $161,500,000 of the funds shall not be available for 
     obligation until September 30, 1999, instead of $19,000,000 
     as proposed by the House and $323,800,000 as proposed by the 
     Senate.
       The amount provided includes $25,000,000 for the 
     chlorofluorocarbons program and $25,000,000 for the energy 
     program as proposed by the Senate instead of $18,500,000 for 
     each program as proposed by the House.
       The conferees have agreed to list in the bill the amounts 
     provided for each of the projects and activities to be 
     undertaken under Repairs and Alterations as proposed by the 
     Senate. Accordingly, there is no need for GSA to submit the 
     plan for program execution called for in the House report.
       The conference agreement includes the language contained in 
     the Senate bill regarding the use of funds for security 
     improvements.
       The conference agreement includes language proposed by the 
     House which provides that funds provided in Public Law 103-
     329 for the IRS Service Center in Holtsville, New York, shall 
     remain available until September 30, 1999.
       The conference agreement includes language proposed by the 
     Senate which provides that $100,000 shall be used to address 
     lighting issues at the Byrne-Green Federal Courthouse in 
     Philadelphia, Pennsylvania; provides that $1,600,000 shall be 
     used to complete alterations at the Milwaukee, Wisconsin, 
     Courthouse; and provides that $1,100,000 may be used to 
     provide a new fence for the Suitland Federal Complex in 
     Suitland, Maryland.
       The conferees have provided $215,764,000 for installment 
     acquisition payments as proposed by the House and the Senate.
       The conferees have provided $2,583,261,000 for rental of 
     space as proposed by the Senate instead of $2,580,461,000 as 
     proposed by the House. The conference agreement provides that 
     $15,000,000 of the funds provided shall not be available for 
     obligation until September 30, 1999, instead of $51,667,000 
     as proposed by the Senate.
       The conferees have provided $1,554,772,000 for building 
     operations as proposed by the House and the Senate. The 
     conference agreement provides that $68,000,000 of the funds 
     provided shall not be available for obligation until 
     September 30, 1999, instead of $223,000,000 as proposed by 
     the House and $31,095,000 as proposed by the Senate.
       The conference agreement provides that $475,000 shall be 
     available for the 1999 Women's World Cup soccer event and 
     that $600,000 shall be available for the 1999 World Alpine 
     Ski Championships.


                    public service recognition week

       The conferees recognize that Public Service Recognition 
     Week, a program of the Public Employees Roundtable, has 
     educated America about the value of the career workforce 
     which carries out the daily operations of government. This 
     program, which has existed for over ten years, plays an 
     important role in educating our nation's youth and providing 
     them with timely information about their government. The 
     conferees urge the General Services Administration to support 
     the mission of the Public Employees Roundtable and provide 
     administrative and logistical assistance equaling $100,000 
     for carrying out its Public Service Recognition Week 
     activities.


              los angeles, california, civic center trust

       The conferees are aware that the U.S. Courthouse in Los 
     Angeles, California, will be serving as the cornerstone for 
     an economic revitalization of the Civic Center neighborhood, 
     where currently more than 50 public and private projects are 
     in various stages of development. The Los Angeles City Civic 
     Center Trust, established by Project Restore, a nonprofit 
     organization, will facilitate and coordinate this 
     revitalization. The conferees urge the General Services 
     Administration to continue its current work and support the 
     mission of the Los Angeles Civic Center Trust by providing 
     planning, administrative, and logistical support for its 
     activities.


            ronald reagan courthouse--santa ana, california

       The conferees understand that none of the artwork acquired 
     for the Ronald Reagan Courthouse in Santa Ana, California, 
     recognizes President Reagan. The conferees urge the General 
     Services Administration to acquire and display artwork 
     that appropriately commemorates President Reagan. Further, 
     the conferees urge the General Services Administration to 
     work with the Ronald Reagan Presidential Library and 
     Museum to determine the feasibility of maintaining a 
     rotating exhibit at the Ronald Reagan Courthouse.


                        president harry s truman

       The conferees note that there is no major recognition of 
     President Harry S Truman in the Nation's Capital. The 
     conferees request that the General Services Administration 
     review such proposals as may exist and report to the 
     Committees on Appropriations no later than June 1, 1999.


                         policy and operations

       The conference agreement appropriates $109,594,000 for 
     Policy and Operations instead of $108,494,000 as proposed by 
     the House and $106,494,000 as proposed by the Senate. The 
     conferees direct that $2,000,000 be provided for the pilot 
     project in digital learning technologies as described in the 
     House report and that $1,000,000 be used to initiate a 
     digital education project.
       The conferees have also included language in the bill that 
     provides that $100,000 of the funds appropriated shall be 
     provided to the Property Disposal activity of this account. 
     This amount represents the estimated fair market value of the 
     property to be conveyed to the City of Racine, Wisconsin, as 
     described in section 409 of the bill.
       The conferees have modified language proposed by the Senate 
     regarding the Old Post Office at 1100 Pennsylvania Avenue in 
     Washington, D.C., to make the language applicable only for 
     fiscal year 1999 and to require that the comprehensive plan 
     for use of the property also be approved by the Senate 
     Committee on Environment and Public Works and the House 
     Committee on Transportation and Infrastructure.


       surplus equipment to schools and educational institutions

       The conferees urge the General Services Administration, in 
     line with its responsibilities for the disposal of excess and 
     surplus Federal personal property, to promote and foster the 
     transfer of excess and surplus computer equipment directly to 
     schools and to appropriate nonprofit, community-based 
     educational organizations. The GSA should communicate with 
     other Federal agencies to heighten their ongoing awareness of 
     the existing opportunities at both the national and local 
     levels to meet the needs of the schools for such equipment.
       All Federal agencies are required, to the extent permitted 
     by law and after determining that the equipment is excess to 
     their needs, to give highest preference to schools and 
     nonprofit organizations in the transfer of educationally 
     useful Federal computer equipment. Agencies are required to 
     inventory all computer equipment and identify in their 
     inventories their excess and surplus equipment. Federal 
     agencies are also required to report to GSA the transfer of 
     any personal property, including computer equipment, made to 
     nongovernmental entities such as schools.
       The conferees commend GSA and the Office of Science and 
     Technology Policy (OSTP) for the progress that has been made 
     simplifying and improving the Federal Surplus Computer 
     Donation Program. One remaining hurdle for schools interested 
     in participating in the program is the lack of operating 
     systems on many donated computers. The conferees urge GSA and 
     OSTP to work together with operating system providers to 
     develop a partnership with those providers similar to the 
     partnership that has already been formed with van lines to 
     assist in transporting donated computers. The goal of this 
     partnership would be to provide operating systems to schools 
     which receive computers through the donation program.


         federal office building in colorado springs, colorado

       The Federal building located at 1520 Willamette Ave. in 
     Colorado Springs, Colorado, is owned by GSA and is currently 
     leased to the U.S. Air Force Space Command. It is the 
     conferees' understanding that the Space Command is moving 
     ahead with options to vacate the facility. In the event that 
     Space Command does not renew its lease and the facility 
     becomes vacant and is deemed surplus, the conferees urge GSA 
     to strongly consider the U.S. Olympic Committee's (USOC) need 
     for additional space and to give priority to the USOC's 
     request to gain title or acquire the property.

          General Provisions--General Services Administration

       Section 401. The conference agreement includes a provision 
     proposed by the Senate

[[Page H11517]]

     which provides that accounts available to GSA shall be 
     credited with certain funds received from government 
     corporations. The provision was also included in the House 
     reported bill.
       Section 402. The conference agreement includes a provision 
     proposed by the Senate which provides that funds available to 
     GSA shall be available for the hire of passenger motor 
     vehicles. The provision was also included in the House 
     reported bill.
       Section 403. The conference agreement includes a provision 
     proposed by the Senate which authorizes GSA to transfer funds 
     within the Federal Buildings Fund to meet program 
     requirements. A similar provision was included in the House 
     reported bill.
       Section 404. The conference agreement includes a provision 
     proposed by the Senate which prohibits the use of funds to 
     submit a fiscal year 2000 budget request for courthouse 
     construction projects that do not meet design guide criteria, 
     do not reflect the priorities of the Judicial Conference of 
     the United States, and are not accompanied by a standardized 
     courtroom utilization study. A similar provision was included 
     in the House reported bill.
       Section 405. The conference agreement includes a provision 
     proposed by the Senate which provides that no funds may be 
     used to increase the amount of occupiable square feet or 
     provide cleaning services, security enhancements, or any 
     other service usually provided, to any agency which does not 
     pay the requested rental rates. The provision was also 
     included in the House reported bill.
       Section 406. The conference agreement includes a provision 
     proposed by the Senate which provides that funds provided by 
     the Information Technology Fund for pilot information 
     technology projects may be repaid to the Fund. The provision 
     was also included in the House reported bill.
       Section 407. The conference agreement includes a provision 
     proposed by the Senate which permits GSA to pay claims of up 
     to $250,000 arising from construction projects and the 
     acquisition of buildings. The provision was also included in 
     the House reported bill.
       Section 408. The conference agreement includes a provision 
     proposed by the Senate providing $5,000,000 for the 
     demolition, cleanup, and conveyance of the property at block 
     35, and lot 2 of block 36 in Anchorage, Alaska. The House 
     bill contained no similar provision.
       Section 409. The conference agreement includes a provision 
     proposed by the Senate authorizing GSA to convey the property 
     which contains the U.S. Army Reserve Center in Racine, 
     Wisconsin, to the City of Racine. The Senate language has 
     been amended by deleting the phrase ``without 
     consideration.'' The House reported bill contained a similar 
     provision.
       Section 410. The conference agreement includes language 
     proposed by the Senate directing the General Services 
     Administration to enter into an operating lease to acquire 
     space for the Department of Transportation headquarters. The 
     House bill contained no similar provision.
       Section 411. The conference agreement includes a provision 
     proposed by the House regarding the fees charged by GSA for 
     the use of telecommuting centers by Federal agencies. The 
     Senate bill contained no similar provision.
       Section 412. The conference agreement includes a provision 
     proposed by the Senate authorizing GSA to transfer property 
     in Dade County, Florida, to the University of Miami. The 
     Senate language has been amended to allow a land exchange. 
     The House reported bill contained a similar provision.
       Section 413. The conference agreement includes a provision 
     directing GSA to reincorporate the elements of the original 
     proposed design for the facade of the United States 
     Courthouse project in London, Kentucky, into the revised 
     design of the building. This will ensure that the 
     construction of the new courthouse is compatible with the 
     architectural character of the historic existing U.S. 
     courthouse. The construction of the project should in no way 
     be diminished in order to achieve this goal. This provision 
     was included in the House reported bill.
       The conference agreement deletes language contained in 
     section 411 of the Senate bill which appropriates $14,105,000 
     for costs associated with the security of the Capitol 
     complex. The conferees recognize the importance of Capitol 
     security and have consulted with and deferred to the 
     jurisdiction of the Legislative Branch Appropriations 
     Subcommittee to coordinate those requirements.

                 Environmental Dispute Resolution Fund

       The conference agreement appropriates $4,250,000 for 
     capitalization of the Environmental Dispute Resolution Fund 
     and operation of the United States Institute for 
     Environmental Conflict Resolution as proposed by the House. 
     The Senate did not include funds for this activity.

                     Merit Systems Protection Board

       The conferees understand that an agreement has been reached 
     between MSPB and its administrative judges regarding the 
     establishment of a special pay classification for the 
     administrative judges. The conferees are encouraged by this 
     progress and urge MSPB to work with the proper House and 
     Senate authorizing committees and the Office of Management 
     and Budget so this agreement can be addressed in the fiscal 
     year 2000 budget submission and through appropriate 
     legislative action.

              National Archives and Records Administration


                           OPERATING EXPENSES

       The conference agreement appropriates $224,614,000 for 
     operating expenses of the National Archives and Records 
     Administration instead of $216,753,000 as proposed by the 
     House and $221,030,000 as proposed by the Senate. The 
     conferees have included language delaying the availability of 
     $7,861,000 of the funds appropriated until September 30, 
     1999, instead of $4,277,000 as proposed by the Senate.
       The conferees are aware that additional funds in the amount 
     of $5,411,000 are required in fiscal year 1999 for Year 2000 
     compliance.


                   NATIONAL PERSONNEL RECORDS CENTER

       The conferees are aware that in many instances veterans are 
     experiencing significant delays, often as long as six months, 
     when attempting to gain access to records they need to obtain 
     medical assistance or other benefits from the National 
     Personnel Records Center in St. Louis, Missouri. The 
     conferees believe that this is unacceptable. The conferees 
     are also aware that the National Archives and Records 
     Administration (NARA) has initiated a business process re-
     engineering project at the center to address concerns about 
     the timeliness of responses to veterans' requests. The 
     implementation of this project will take about five years at 
     a total cost of approximately $6,000,000. The goal of the 
     program is to achieve case cycle time of 10 days or less. For 
     fiscal year 1999, the NARA will be conducting a pilot test of 
     the business process re-engineering program to validate the 
     processes and methods that have been recommended. The 
     conferees have been informed by NARA that this pilot test can 
     be funded from within existing resources. The conferees 
     further understand that the Archives plans to begin 
     implementation of this program in fiscal year 2000. The 
     conferees are very supportive of this extremely important 
     effort and expect NARA to request the funds it needs to begin 
     implementation of the program in the fiscal year 2000 budget.


                        REPAIRS AND RESTORATION

       The conference agreement appropriates $11,325,000 for 
     repairs and restoration of Archives facilities as proposed by 
     the Senate instead of $10,450,000 as proposed by the House. 
     The conferees have not included language proposed by the 
     Senate delaying the availability of $2,000,000 of the funds 
     until September 30, 1999.
       The conference agreement includes language proposed by the 
     Senate providing $875,000 for a requirements study and design 
     of a facility in Anchorage, Alaska.

        National Historical Publications and Records Commission


                             GRANTS PROGRAM

       The conference agreement appropriates $10,000,000 for the 
     Grants Program of the National Historical Publications and 
     Records Commission instead of $6,000,000 as proposed by the 
     House and $11,000,000 as proposed by the Senate.
       The conferees have included language delaying the 
     availability of $4,000,000 of the funds until September 30, 
     1999, instead of $5,500,000 as proposed by the Senate.
       The conferees have agreed to provide $4,000,000 for a grant 
     to the Center for Jewish History instead of $5,000,000 as 
     proposed by the Senate. The conferees note, however, that a 
     single grant of this size is far beyond the scope of 
     activities normally undertaken by the National Historical 
     Publications and Records Commission. For example, the 
     Commission expects to fund, in whole or in part, 103 
     proposals with the $5,500,000 provided in fiscal year 1998. 
     Therefore, the conferees agree that the funds provided for 
     the Center for Jewish History represent the total to be 
     provided from this account.

                        United States Tax Court


                         SALARIES AND EXPENSES

       The conference agreement appropriates $32,765,000 for the 
     United States Tax Court as proposed by the Senate instead of 
     $34,490,000 as proposed by the House.

                      TITLE V--GENERAL PROVISIONS

                                This Act

       Sec. 501. The conferees agree to continue to limit the 
     expenditure of appropriated funds to the current year, unless 
     otherwise designated.
       Sec. 502. The conferees agree to continue to limit funding 
     for consulting services.
       Sec. 503. The conferees agree to continue to prohibit the 
     use of funds prohibiting the enforcement of Sec. 307 of the 
     1930 Tariff Act. (Sec. 307 bans imported goods produced by 
     slave/forced labor).
       Sec. 504. The conferees agree to continue the prohibition 
     on transfer of control over FLETC.
       Sec. 505. The conferees agree to continue to protect 
     civilian employee rights following assignment with the Armed 
     Forces.
       Sec. 506. The conferees agree to continue the requirements 
     on ``Buy American Act'' compliance.
       Sec. 507. The conferees agree to continue ``Sense of 
     Congress'' language regarding purchase of American made 
     equipment and products.
       Sec. 508. The conferees agree to continue to prohibit 
     contract eligibility where fraudulent intent has been proven 
     in affixing ``Made in America'' labels.
       Sec. 509. The conferees agree to a provision proposed by 
     the House which prohibits funds

[[Page H11518]]

     to pay for an abortion or any administrative expenses for 
     FEHBP plans that provide benefits or coverage for abortions.
       Sec. 510. The conferees agree to a provision proposed by 
     the Senate in Title VI of this bill providing that Sec. 509 
     shall not apply if the life of the mother is in danger or the 
     pregnancy is the result of an act of rape or incest.
       Sec. 511. The conferees agree to a provision proposed by 
     the Senate which authorizes the use of unobligated balances 
     for certain purposes, providing that such requests be made in 
     compliance with reprogramming guidelines.
       Sec. 512. The conferees agree to include a provision as 
     proposed by both the House and Senate which prohibits the use 
     of funds for the White House to request official background 
     reports without the written consent of the individual who is 
     the subject of the report.
       Sec. 513. The conferees have included language which 
     provides that funds provided in this Act may be used to 
     initiate or continue projects or activities, to the extent 
     necessary, consistent with existing agency plans, to achieve 
     Year 2000 (Y2K) conversion to ensure adequate funding until 
     such time as supplemental appropriations are made available 
     for that purpose. The language also includes a provision 
     which requires agencies that use funds appropriated in this 
     Act for Y2K conversion activities to restore funds to the 
     program, project, or activity from which the funds were 
     obligated when supplemental appropriations for Y2K conversion 
     activities are made available.
       Sec. 515. The conferees agree to include a provision 
     authorizing the payment of attorneys' fees, costs and 
     sanctions by the Federal government in the case Association 
     of American Physicians and Surgeons, Inc. v. Clinton from the 
     White House Office Salaries and Expenses account, as proposed 
     by the House in the House-reported bill.
       Sec. 516. The conferees agree to include a new provision 
     authorizing the use of fifty percent of the fiscal year 1997 
     unobligated balances available to the White House Salaries 
     and Expenses account for the purposes of partially satisfying 
     the conditions of Section 515.
       Sec. 517. The conferees have agreed to include language 
     which makes technical corrections to the Morris K. Udall 
     Scholarship and Excellence in National Environmental and 
     Native American Public Policy Act of 1992.
       Sec. 518. The conferees have agreed to include a new 
     provision regarding cost accounting standards to contracts 
     under the FEHBP.
       The conferees delete a provision which provides for the 
     appointment and reappointment of Staff Director and General 
     Counsel of the Federal Election Commission.

                      TITLE VI--GENERAL PROVISIONS

                Departments, Agencies, and Corporations

       Sec. 601. The conferees agree to continue a provision 
     authorizing agencies to pay costs of travel to the United 
     States for the immediate families of Federal employees 
     assigned to foreign duty in the event of a death or a life 
     threatening illness of the employee.
       Sec. 602. The conferees agree to continue a provision 
     requiring agencies to administer a policy designed to ensure 
     that all of its workplaces are free from the illegal use of 
     controlled substances.
       Sec. 603. The conferees agree to continue a provision 
     authorizing reimbursement for travel, transportation, and 
     subsistence expenses incurred for training classes, 
     conferences, or other meetings in connection with the 
     provision of child care services to Federal employees.
       Sec. 604. The conferees agree to continue a provision 
     regarding price limitations on vehicles to be purchased by 
     the Federal government.
       Sec. 605. The conferees agree to continue a provision 
     allowing funds made available to agencies for travel to also 
     be used for quarters allowances and cost-of-living 
     allowances.
       Sec. 606. The conferees agree to continue a provision 
     prohibiting the Government, with certain specified 
     exceptions, from employing non-U.S. citizens whose posts of 
     duty would be in the continental U.S.
       Sec. 607. The conferees agree to continue a provision 
     authorizing agencies to use funds to pay GSA bills for 
     renovations and other services.
       Sec. 608. The conferees agree to continue a provision 
     allowing agencies to finance the costs of recycling and waste 
     prevention programs with proceeds from the sale of materials 
     recovered through such programs.
       Sec. 609. The conferees agree to continue a provision 
     providing that funds may be used to pay rent and other 
     service costs in the District of Columbia.
       Sec. 610. The conferees agree to continue a provision 
     prohibiting the use of appropriated funds to pay the salary 
     of any nominee after the Senate voted not to approve the 
     nomination.
       Sec. 611. The conferees agree to continue a provision 
     precluding the financing of groups by more than one Federal 
     agency absent prior and specific statutory approval.
       Sec. 612. The conferees agree to continue a provision 
     authorizing the Postal Service to employ guards and give them 
     the same special police powers as GSA guards.
       Sec. 613. The conferees agree to continue a provision 
     prohibiting the use of funds for enforcing regulations 
     disapproved in accordance with the applicable law of the U.S.
       Sec. 614. The conferees agree to continue a provision 
     limiting the pay increases of certain prevailing rate 
     employees.
       Sec. 615. The conferees agree to continue a provision 
     limiting the amount of funds that can be used for 
     redecoration of offices under certain circumstances.
       Sec. 616. The conferees agree to modify a provision 
     prohibiting the expenditure of funds for the acquisition of 
     additional law enforcement training facilities.
       Sec. 617. The conferees agree to continue a provision to 
     allow for interagency funding of national security and 
     emergency telecommunications initiatives.
       Sec. 618. The conferees agree to continue a provision 
     requiring agencies to certify that a Schedule C appointment 
     was not created solely or primarily to detail the employee to 
     the White House.
       Sec. 619. The conferees agree to continue a provision 
     requiring agencies to administer a policy designed to ensure 
     that all of its workplaces are free from discrimination and 
     sexual harassment.
       Sec. 620. The conferees agree to continue a provision 
     prohibiting the use of funds for travel expenses not directly 
     related to official governmental duties.
       Sec. 621. The conferees agree to a new provision providing 
     that no adjustment shall take effect in fiscal year 1999 in 
     the rates of basic pay for the statutory pay systems under 
     section 5303 of title 5, United States Code.
       Sec. 622. The conferees agree to continue a provision which 
     prohibits the use of appropriated funds in this or any other 
     Act to acquire information technology which does not comply 
     with part 39.106 (Year 2000 compliance) of the Federal 
     acquisition regulations.
       Sec. 623. The conferees agree to continue the provision 
     prohibiting the importation of any goods manufactured by 
     forced or indentured child labor.
       Sec. 624. The conferees agree to modify a provision which 
     prohibits the use of funds for Sunday premium pay to an 
     employee unless the work was actually performed.
       Sec. 625. The conferees agree to continue a provision which 
     prohibits the use of funds to prevent Federal employees from 
     communicating with Congress or to take disciplinary or 
     personnel actions against employees for such communication.
       Sec. 626. The conferees agree to a new provision that 
     provides additional flexibility relating to the FTS 2000 
     contract.
       Sec. 627. The conferees agree to a new provision to protect 
     Federal law enforcement officers who intervene in certain 
     situations.
       Sec. 628. The conferees agree to a new provision reforming 
     Federal firefighters overtime pay.
       Sec. 629. The conferees agree to a new provision requiring 
     a joint review by the Department of the Treasury, the 
     Department of Justice, and the Office of National Drug 
     Control Policy on the coordination of Southwest border 
     counter drug activities.
       Sec. 630. The conferees agree to a new provision that 
     provides that for fiscal year 1999 and each fiscal year 
     thereafter, each executive agency of the Federal government 
     shall make available at a minimum $50,000 for expenses 
     necessary to carry out a flexiplace work telecommuting 
     program.
       Sec. 631. The conferees agree to a new provision to amend 
     permanent law to make Senior Executive Service Presidential 
     Awards based upon base salary percentages of 20 percent (for 
     ``Meritorious Awards'') and 35 percent (for ``Distinguished 
     Awards'') rather than the current dollar amounts.
       Sec. 632. The conferees agree to a new provision to 
     increase the formula used to calculate the aggregate amount 
     available for performance awards to 10 percent of the Senior 
     Executive Service pool or 20 percent of the average of annual 
     rates of basic pay.
       Sec. 633. The conferees agree to a new provision regarding 
     U.S. Government participation in the Universal Postal Union.
       Sec. 634. The conferees agree to continue a provision 
     requiring the President to certify that no persons 
     responsible for administering the Drug Free Workplace Program 
     are themselves the subject of random drug testing.
       Sec. 635. The conferees agree to modify a provision 
     prohibiting Federal training not directly related to the 
     performance of official duties.
       Sec. 636. The conferees agree to continue a provision 
     prohibiting expenditure of funds for implementation of 
     agreements in nondisclosure policies, without 
     ``Whistleblower'' protection clauses.
       Sec. 637. The conferees agree to continue a provision which 
     prohibits executive branch agencies from the use of 
     appropriated funds for publicity or propaganda purposes to 
     support or defeat legislation pending before Congress.
       Sec. 638. The conferees agree to a new provision requiring 
     the OMB to do an accounting statement and associated report 
     on the cumulative costs and benefits of Federal regulatory 
     programs, as proposed by the Senate and make this provision 
     applicable for one year only.
       Sec. 639. The conferees agree to continue a provision 
     providing that no funds may be expended to provide an 
     employee's home address to a labor organization except when 
     the employee has authorized such a disclosure or such 
     disclosure has been ordered by a court of competent 
     jurisdiction.
       Sec. 640. The conferees agree to continue a provision 
     authorizing the Secretary of the Treasury to establish 
     scientific certification standards for explosives detection 
     canines.
       Sec. 641. The conferees agree to continue a provision 
     prohibiting the use of appropriated

[[Page H11519]]

     funds to provide nonpublic information such as mailing or 
     telephone lists to any person or organization outside of the 
     Government.
       Sec. 642. The conferees agree to continue a provision 
     prohibiting funding for publicity or propaganda purposes not 
     authorized by Congress.
       Sec. 643. The conferees agree to a new provision that 
     directs the U.S. Marshals Service to conduct a quarterly 
     threat assessment on the Director of the Office of National 
     Drug Control Policy upon which the Director's security needs 
     will be based.
       Sec. 644. The conferees agree to a new provision to expand 
     section 636 of the Treasury, Postal Service and General 
     Government Appropriations Act, 1997 (Public Law 104-208) to 
     include the judicial branch.
       Sec. 645. The conferees agree to a new provision directing 
     employees to use ``official time'' in an honest effort to 
     perform official duties. The conferees agree that this 
     section does not affect the rights and responsibilities under 
     chapter 71 of title 5, United States Code.
       Sec. 646. The conferees agree to a new provision providing 
     monetary relief to importers whose legally purchased goods 
     were denied entry upon arrival because of changes in official 
     policy.
       Sec. 647. The conferees agree to a new provision regarding 
     pay for Federal employees. The conferees anticipate that the 
     President will issue an Executive Order allocating the 3.6 
     percent pay increase between an increase in rates of basic 
     pay for the statutory pay systems under section 5303 of title 
     5, United States Code, and increases in comparability-based 
     locality payments for General Schedule employees under 
     section 5304. The conferees have not made the language more 
     specific so that the President may exercise his discretion to 
     distribute any amount allocated for comparability-based 
     locality payments in the most appropriate fashion among the 
     pay localities established by the President's Pay Agent.
       Sec. 648. The conferees agree to a new provision requiring 
     the Postal Rate Commission to submit an annual report to 
     Congress regarding international mail rates.
       Sec. 649. The conferees agree to a new provision to extend 
     the sunset date for Section 2(f)(2) of the Undetectable 
     Firearms Act of 1988 (18 U.S.C. 922 note) from 10 to 15 
     years.
       Sec. 650. The conferees agree to a new provision to direct 
     the Customs Service, in consultation with the U.S. Trade 
     Representative and the Department of Commerce, to report on 
     the importation of certain grains.
       Sec. 651. The conferees agree to a new provision to 
     designate the Eugene J. McCarthy Post Office Building.
       Sec. 652. The conferees agree to a new provision 
     authorizing the use of credit card rebates to support the 
     Joint Financial Management Improvement Program.
       Sec. 653. The conferees agree to a new provision addressing 
     use of accrued leave as it applies to Senior Executive 
     Service reduction in force actions.
       Sec. 654. The conferees agree to a new provision directing 
     agencies to assess the impact of Federal regulations and 
     policies on families.
       Sec. 655. The conferees include a new provision relating to 
     the application of 18 U.S.C., Section 922(t).
       Section 656. The conferees agree to a new provision 
     addressing contraceptive coverage in health plans 
     participating in the FEHB program.
       The conferees delete a provision included by the House 
     prohibiting the use of appropriated funds for new nonpostal 
     commercial activities or pack and send services.
       The conferees delete a provision included by the Senate 
     prohibiting the acquisition of products produced by forced or 
     indentured child labor.
       The conferees delete a provision included by the Senate 
     authorizing agencies to provide child care in federal or 
     leased facilities.
       The conferees delete a provision included by the Senate 
     expressing a sense of Congress that a postal stamp be created 
     to commemorate Oskar Schindler.
       The conferees delete a provision included by the Senate 
     prohibiting the use of any funds in this Act to pay for 
     abortions or administrative expenses of any FEHBP plans which 
     provide abortion benefits. This provision is addressed in 
     Section 509.
       The conferees delete a provision included by the Senate 
     authorizing the expenditure of funds for abortions under the 
     FEHBP if the life of the mother is in danger or the pregnancy 
     is the result of an act of rape or incest. This provision is 
     addressed in Section 510.
       The conferees delete a provision included by the Senate 
     requiring any Senate or House bill or joint resolution of a 
     public character to include a detailed analysis of the 
     potential impact of such legislation on family well-being and 
     on children.
       The conferees delete a provision included by the Senate 
     authorizing $420,000,000 in emergency funding for the 
     Strategic Petroleum Reserve.
       The conferees delete a provision included by the Senate 
     expressing the sense of Congress that a postal stamp be 
     created to honor the 150th Anniversary of Irish immigrants to 
     the United States.
       The conferees delete a provision included by the Senate 
     authorizing the Community and Postal Participation Act of 
     1998.
       The conferees delete a provision included by the Senate 
     waiving Section 611 of this title to permit interagency 
     funding of the National Bioethics Advisory Commission.
       The conferees delete a provision included by the Senate to 
     permit the interagency funding of the National Science and 
     Technology Council.
       The conferees delete a provision included by the Senate 
     allowing amounts appropriated in this Act to be transferred 
     to the FLETC ACIRE account. The conferees address this 
     appropriation in Title I of this Act.
       The conferees delete a provision dealing with child care in 
     Federal facilities, proposed by the Senate.

            TITLE VIII--TECHNICAL AND CLARIFYING AMENDMENTS

       The conferees delete a new title authorizing the Office of 
     National Drug Control Policy proposed by the Senate and 
     instead insert a new title regarding administration of the DC 
     Retirement Trust Fund.

       TITLE IX--HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 1998

       The conference agreement includes a new Title, the Haitian 
     Refugee Immigration Fairness Act of 1998, as proposed in the 
     Senate bill, which provides certain Haitians who were paroled 
     into the United States before December 31, 1995 and who 
     applied for asylum by that date, and certain unaccompanied 
     minors, to apply for adjustment of status. The House had no 
     similar provision.
       In addition, the conference agreement adds a seciton 
     requiring detailed reports from the Comptroller General on 
     the numbers of aliens who apply for and receive status 
     adjustment under this Act.


                   conference total--with comparisons

       The total new budget (obligational) authority for the 
     fiscal year 1999 recommended by the Committee of Conference, 
     with comparisons to the fiscal year 1998 amount, the 1999 
     budget estimates, and the House and Senate bills for 1999 
     follow:
New budget (obligational) authority, fiscal year 1998...$25,325,767,500
Budget estimates of new (obligational) authority, fiscal 26,839,489,000
House bill, fiscal year 1999.............................26,614,669,000
Senate bill, fiscal year 1999............................29,923,612,000
Conference agreement, fiscal year 1999...................26,772,527,000
Conference agreement compared with:
  New budget (obligational) authority, fiscal year 1998..+1,446,759,500
  Budget estimates of new (obligational) authority, fiscal y-66,962,000
  House bill, fiscal year 1999.............................+157,858,000
  Senate bill, fiscal year 1999..........................-3,151,085,000

                   Additional Provisions (Division A)


                            Sections 102-134

       The conference agreement includes $50,000,000 in final year 
     funding for the nonpower programs of the Tennessee Valley 
     Authority. Within this amount, $7,000,000 is provided for 
     Land Between the Lakes.
       The conference agreement includes language permitting the 
     Tennessee Valley Authority (TVA) to repurchase bonds issued 
     by the Federal Financing Bank (FFB) without prepayment 
     penalty. This provision will permit TVA to prepay its loans 
     at less than their full contractual value, resulting in a 
     savings to TVA of approximately $810,000,000 over ten years. 
     The FFB, however, retains its contractual obligation to repay 
     its corresponding loan from the Treasury at the full market 
     value of the TVA loan. This will require additional 
     appropriations to the FFB.
       The conference agreement repeals section 312 of the Energy 
     and Water Development Appropriations Act, 1999. Section 312 
     delayed until September 30, 1999, the obligation of 
     $57,000,000 in the Atomic Energy Defense Activities, Weapons 
     Activities appropriation account.
       The conference agreement provides $35,000,000 for the 
     Columbia River Fish Mitigation, Washington, Oregon and Idaho, 
     project of the U.S. Army Corps of Engineers.
       The conference agreement provides: $1,500,000 of previously 
     appropriated funds to initiate construction of the Delaware 
     River Mainstem and Channel Deepening, Delaware, New Jersey, 
     and Pennsylvania, project; $400,000 of previously 
     appropriated funds to initiate a comprehensive aquatic 
     ecosystem restoration study in the Upper Susquehanna-
     Lackawanna Watershed; and $340,000 of previously appropriated 
     funds to initiate construction of the Pierre, South Dakota, 
     flood mitigation project, subject to authorization. The 
     agreement also includes $1,500,000 of previously appropriated 
     funds for water-related environmental infrastructure and 
     resource protection and development projects in Allegheny 
     County, Pennsylvania. Of this amount, $500,000 is for water 
     resource projects in Scott Township, $500,000 is for projects 
     in Shaler Township, and $500,000 is for projects in the 
     municipality of Penn Hills.
       The conference agreement includes authorization and 
     $750,000 for repair of the Archusa Water Park Dam, Quitman, 
     Mississippi.
       The conference agreement includes $60,000,000 for solar and 
     renewable programs in the energy supply account in addition 
     to the amount provided for fiscal year 1999 in the Energy and 
     Water Development Appropriations Act, 1999 (P.L. 105-245). Of 
     this amount, $42,000,000 has been provided to reduce the 
     $50,000,000 general reduction in the

[[Page H11520]]

     energy supply account that otherwise would have been applied 
     to solar and renewable programs. The remaining $18,000,000 
     has been provided for high-priority solar and renewable 
     research and development activities. The Department is 
     directed to submit a proposal for approval by the Committees 
     on Appropriations within thirty days of enactment of this 
     bill which includes the Department's plan to direct this 
     additional amount to high-priority programs. The entire 
     $60,000,000 is to remain available through September 30, 
     2000.
       The conference agreement includes $15,000,000 for the 
     Department of Energy to participate in the Next Generation 
     Internet program. The Department is directed to award funds 
     under this program using full and open competitive 
     procedures.
       The conference agreement includes language prohibiting the 
     use of funds appropriated for fiscal year 1999 to study, or 
     implement any plan for, the drainage of Lake Powell or the 
     decommissioning of Glen Canyon Dam.
       The conference agreement provides $100,000,000 for 
     construction of and improvements to surface transportation 
     projects located in the Commonwealth of Massachusetts.
       The conference agreement provides $100,000,000 for 
     construction of and improvements to Corridor X of the 
     Appalachian development highway system within the State of 
     Alabama.
       The conference agreement provides $32,000,000 for 
     construction of and improvements to the Appalachian 
     development highway system in West Virginia.
       The conference agreement provides $100,000,000 for 
     construction of and improvements to highway projects 
     designated by section 1105(c)(18)(C)(ii) of the Intermodel 
     Surface Transportation Efficiency Act of 1991, as amended by 
     section 1211(i) of the Transportation Equity Act for the 21st 
     Century.
       The conference agreement includes an appropriation of 
     $28,000,000, to remain available until expended, to enable 
     the Secretary of Transportation to make grants to the state-
     owned Alaska Railroad. These funds are to be utilized for 
     planning, design, administration and construction costs 
     associated with the Anchorage International Airport-rail 
     passenger station.
       The conference agreement rescinds $392,000,000 in excess 
     contract authority from the Federal Transit Administration's 
     discretionary grants program. A similar rescission was 
     proposed by the Senate as part of the fiscal year 1999 
     Department of Transportation and Related Agencies 
     Appropriations Act.
       The conference agreement includes a provision that provides 
     within funding provided in the Department of Transportation 
     and Related Agencies Appropriations Act, 1999, for 
     discretionary grants under the obligation limitation for 
     Federal Aviation Administration, ``Grants-in-Aid for 
     Airports'' in fiscal year 1999, not less than $11,250,000 
     shall be made available for capital improvement projects at 
     the Wilkes-Barre/Scranton International Airport. These 
     projects are in the FAA-approved airport layout plan, and 
     include construction of a new terminal building, relocation 
     of the FAA air traffic control tower, and relocation of the 
     airport rescue and firefighting facility. The conference 
     agreement includes an understanding that the airport 
     authority is supportive of renaming this airport after 
     Congressman Joseph M. McDade, who has served that area of 
     Pennsylvania faithfully and diligently for 36 years. The 
     conferees are strongly supportive of the airport's efforts in 
     this regard.
       The conference agreement includes a provision that provides 
     within funding provided in the Department of Transportation 
     and Related Agencies Appropriations Act, 1999, for 
     discretionary grants under the obligation limitation for 
     Federal Aviation Administration, ``Grants-in-Aid for 
     Airports'' in fiscal year 1999, not less than $7,000,000 
     shall be made available for capital improvement projects at 
     the Minneapolis/St. Paul International Airport.
       The conference agreement amends the appropriating paragraph 
     for the Joint Committee on Printing in the Conference Report 
     on the Legislative Branch Appropriations, 1999 (H.R.4112) to 
     provide that the $150,000 made available, subject to certain 
     conditions, to the Committee on House Oversight shall be 
     disbursed by the Chief Administrative Officer of the House of 
     Representatives.
       The conference agreement includes a provision to 
     appropriate $30,000,000 for the purpose of carrying out the 
     provisions of the American Fisheries Act, which is included 
     in Division C, title II of this Act, as follows: (1) $750,000 
     for the cost of a direct loan under section 207(a); (2) 
     $20,000,000 for direct payments under section 207(d); (3) 
     $250,000 for the cost of the direct loans under section 
     211(e); (4) $1,000,000 for the cost of direct loans in the 
     Bering Sea and Aleutian Island crab fishery; and (5) 
     $8,000,000 for administrative expenses associated with 
     implementation of this title. Neither the House nor Senate 
     bills addressed this matter.
       The conference agreement inserts a new general provision, 
     which includes the following amounts in addition to the 
     amounts provided in the conference report (H. Rept. 105-769) 
     accompanying H.R. 4194:
       (1) $10,000,000 for the housing opportunities for persons 
     with AIDS account. This amount is an increase above the 
     $215,000,000 provided for this program in the Fiscal Year 
     1999 Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act;
       (2) $45,000,000 for grants of $3,000,000 to each urban 
     empowerment zone designated by HUD under the Taxpayer Relief 
     Act of 1997 for economic development activities consistent 
     with the strategic plan of each empowerment zone;
       (3) $20,000,000 for ``State and tribal assistance grants'' 
     for wastewater infrastructure needs in Boston, Massachusetts. 
     This additional funding brings the fiscal year 1999 
     appropriation for Boston's wastewater infrastructure project 
     to $50,000,000;
       (4) $10,000,000 for AmeriCorps grants. This amount is an 
     increase above the earmarking of not more than $227,000,000 
     for such grants provided in the Fiscal year 1999 Departments 
     of Veterans Affairs and Housing and urban Development, and 
     Independent Agencies Appropriations Act;
       (5) $10,000,000 for ``Science and technology'' to conduct 
     additional research pursuant to the Climate Change Technology 
     Initiative. For fiscal year 1999, $37,000,000 has been 
     provided for such research in this account;
       (6) $15,000,000 for the ``Community development financial 
     institutions fund program account'', bringing the total 
     fiscal year 1999 funding level to $95,000,000; and
       (7) $5,000,000 of the community development block grant 
     funds provided in the 1999 appropriations shall be for a 
     grant to Cayuga County, New York, to repair and rehabilitate 
     the seawalls at the Owasco Lake outlet.
       The conference agreement inserts a new general provision 
     repealing Sec. 202 regarding GSE Default Loss Protection in 
     the Departments of Veterans Affairs and Housing and Urban 
     Development, and Independent Agencies Appropriations Act, 
     1999.
       The conference agreement inserts a new general provision 
     making a technical correction to targeting language in the 
     Quality Housing and Work Responsibility Act of 1998.
       The conference agreement inserts a new general provision 
     clarifying the use of funds provided to Oklahoma City, 
     Oklahoma through the Community Development Block Grants 
     program in the fiscal year 1999 appropriations Act.
       The conference agreement inserts a new general provision 
     making technical modifications to a 1999 economic development 
     initiative grant for Hawaii.
       The conference agreement inserts a new general provision 
     making technical modifications to the reappointment authority 
     of the VA's Under Secretary for Health.
       The conference agreement includes new language establishing 
     a Trade Deficit Review Commission to study the nature, causes 
     and consequences of the United State merchandise trade and 
     current account deficits and report its findings to the 
     President and the Congress. The conference agreement also 
     includes language under this section appropriating $2,000,000 
     for the expenses of this Commission. Neither the House nor 
     Senate bills addressed this matter.
       Sec. 130. The conference agreement includes a new section 
     as proposed by the Administration that directs the Secretary 
     of the Treasury to invest, or direct the Trustee to invest, 
     the assets of the District of Columbia Pension Fund for 
     Police Officers, Fire Fighters, and Teachers, in public debt 
     securities not later than September 30, 1999. The intended 
     results of this action, according to the Administration, is 
     to increase Federal receipts by an estimated $2.414 billion 
     in fiscal year 1999 and reduce receipts in subsequent years.
       Sec. 131. The conference agreement appropriates $25,000,000 
     as proposed by the Administration for economic development 
     planning, project development, capital investments, loans, 
     grants, administrative expenses and other purposes included 
     in authorizing legislation enacted by the Council of the 
     District of Columbia. The conference agreement directs that 
     none of these funds be obligated or expended until at least 
     30 days after the District of Columbia Financial 
     Responsibility and Management Assistance Authority submits a 
     spending plan to Congress.
       Sec. 132. The conference agreement appropriates $30,000,000 
     as proposed by the Administration for special education costs 
     in the District of Columbia.
       Sec. 133. The conference agreement appropriates $20,000,000 
     as proposed by the Administration for Year 2000 information 
     technology and related chip replacement projects in the 
     District of Columbia. The conference agreement directs that 
     none of these funds be obligated or expended until at least 
     30 days after the District of Columbia Financial 
     Responsibility and Management Assistance Authority submits a 
     spending plan to Congress.
       Sec. 134. The conference agreement appropriates $50,000,000 
     as proposed by the Administration for the repair and 
     maintenance of roads, highways, bridges and transit in the 
     District of Columbia and other economic development projects 
     and planning in the District of Columbia. The conference 
     agreement directs that none of these funds be obligated or 
     expended until at least 30 days after the District of 
     Columbia Financial Responsibility and Management Assistance 
     Authority submits a spending plan to Congress.

           DIVISION B--EMERGENCY SUPPLEMENTAL APPROPRIATIONS

    TITLE I--MILITARY READINESS AND OVERSEAS CONTINGENCY OPERATIONS

                               CHAPTER 1

                    Department of Defense--Military

       Chapter 1 of this title includes a total of $5,958,053,000 
     in emergency supplemental appropriations for the Department 
     of Defense.

[[Page H11521]]

     The conference agreement includes: $1,301,000,000 for urgent 
     personnel and readiness requirements of the armed forces; 
     $1,858,600,000, the amount requested by the President for 
     overseas contingency operations; and $259,853,000 for costs 
     resulting from damage incurred at U.S. military installations 
     in the United States and South Korea due to natural disasters 
     (chapter 3 of this title includes related military 
     construction funding). Additional funding is provided in this 
     chapter for Ballistic Missile Defense enhancements, defense 
     counter-drug and drug interdiction activities, and certain 
     classified activities.
       The following table provides details of the emergency 
     supplemental appropriations in this chapter for military 
     readiness, overseas contingency operations, and damages 
     resulting from natural disasters.

                               SUPPLEMENTAL APPROPRIATIONS, DEPARTMENT OF DEFENSE                               
                                            [In thousands of dollars]                                           
----------------------------------------------------------------------------------------------------------------
                                                                     Readiness      Contingency     Facilities  
                                                                   enhancements     operations        repair    
----------------------------------------------------------------------------------------------------------------
Military Personnel:                                                                                             
    Army........................................................          10,000         310,600               0
    Navy........................................................          33,300           9,275               0
    Marine Corps................................................           8,900           2,748             232
    Air Force...................................................               0          17,000               0
    Army Reserve................................................               0               0             343
    Navy Reserve................................................          10,000           2,295             100
                                                                 -----------------------------------------------
      Total, Military Personnel.................................          62,200         341,918             675
                                                                 ===============================================
Operation and Maintenance:                                                                                      
    Army........................................................         314,500               0         139,056
    Navy........................................................         232,600               0          57,179
    Marine Corps................................................          52,400               0           8,470
    Air Force...................................................         303,000               0          34,254
    Army Reserve................................................           3,000               0             853
    Navy Reserve................................................               0               0           5,058
    Marine Corps Reserve........................................           3,300               0               0
    Air Force Reserve...........................................           9,000               0               0
    Army National Guard.........................................          50,000               0           5,750
    Air National Guard..........................................          21,000               0           4,355
    Overseas Contingency Operations Transfer Fund...............               0       1,516,682               0
    Morale, Welfare and Recreation and Personnel Support........          50,000               0               0
                                                                 -----------------------------------------------
      Total, Operation and Maintenance..........................       1,038,800       1,516,682         254,975
                                                                 ===============================================
Other Department of Defense Programs:                                                                           
    Navy Working Capital Fund...................................               0               0           2,083
    Defense Health Program......................................         200,000               0           2,120
                                                                 -----------------------------------------------
      Total, Other Department of Defense Programs...............         200,000               0           4,203
                                                                 ===============================================
      Grand Total...............................................       1,301,000       1,858,600         259,853
----------------------------------------------------------------------------------------------------------------

                         Readiness Enhancements

       The conference agreement includes a total of $1,301,000,000 
     to enhance personnel- and readiness-related programs 
     supporting the armed forces, in the following categories:

Personnel Recruiting and Retention Initiatives:
  Military Personnel, Army..................................$10,000,000
  Military Personnel, Navy...................................23,300,000
  Military Personnel, Marine Corps............................8,900,000
  Operation and Maintenance, Navy............................38,600,000
  Operation and Maintenance, Marine Corps....................13,500,000
  Operation and Maintenance, Air Force.......................10,000,000
  Operation and Maintenance, Army Reserve.....................3,000,000
  Operation and Maintenance, Air Force Reserve................3,000,000
  Operation and Maintenance, Air National Guard...............3,000,000
                                                       ________________
                                                       
      Subtotal..............................................113,300,000
                                                       ================

PPERSTEMPO Relief Initiatives:
  Military Personnel, Navy...................................10,000,000
  Reserve Personnel, Navy....................................10,000,000
  Operation and Maintenance, Marine Corps.....................5,500,000
                                                       ________________
                                                       
      Subtotal...............................................25,500,000
                                                       ================

MWR and Personnel Support....................................50,000,000
Flying Hours/Spare Parts:
  Operation and Maintenance, Navy............................45,000,000
  Operation and Maintenance, Air Force......................170,000,000
  Operation and Maintenance, Air Force Reserve................6,000,000
  Operation and Maintenance, Air National Guard..............18,000,000
                                                       ________________
                                                       
      Subtotal..............................................239,000,000
                                                       ================

Depot Maintenance
  Operation and Maintenance, Army............................30,000,000
  Operation and Maintenance, Navy (Aviation).................75,000,000
  Operation and Maintenance, Navy (Ships)....................74,000,000
  Operation and Maintenance, Air Force......................123,000,000
                                                       ________________
                                                       
      Subtotal..............................................302,000,000
                                                       ================

Operating Forces Support:
  Operation and Maintenance, Army...........................284,500,000
  Operation and Maintenance, Marine Corps....................12,700,000
  Operation and Maintenance, Army National Guard.............50,000,000
                                                       ________________
                                                       
      Subtotal..............................................347,200,000
                                                       ================

Individual Combat Equipment:
  Operation and Maintenance, Marine Corps....................20,700,000
  Operation and Maintenance, Marine Corps Reserve.............3,300,000
                                                       ________________
                                                       
      Subtotal...............................................24,000,000
                                                       ================

Defense Health Program......................................200,000,000


                    overseas contingency operations

       The conference agreement includes $1,858,600,000, the 
     amount requested by the President, for the costs of ongoing 
     overseas contingency operations.


                           facilities repair

       The conference agreement includes a total of $259,853,000 
     to conduct repairs to U.S. military facilities both within 
     the United States and overseas due to storm damage and other 
     natural disasters. This funding is distributed as follows;

Korea Flooding:
  Operation and Maintenance, Army..........................$134,056,000
  Operation and Maintenance, Air Force........................1,700,000
                                                       ________________
                                                       
    Subtotal................................................135,756,000
                                                       ================

Hurricane Bonnie:
  Operation and Maintenance, Navy.............................7,300,000
  Operation and Maintenance, Marine Corps.....................8,200,000
  Operation and Maintenance, Navy Reserve.......................408,000
  Navy Working Capital Fund...................................1,758,000
                                                       ________________
                                                       
    Subtotal.................................................17,666,000
                                                       ================

Hurricane Earl:
  Operation and Maintenance, Army.............................2,184,000
  Operation and Maintenance, Navy...............................100,000
                                                       ________________
                                                       
    Subtotal..................................................2,284,000
                                                       ================

Hurricane Georges:
  Military Personnel, Marine Corps..............................232,000
  Reserve Personnel, Army.......................................343,000
  Reserve Personnel, Navy.......................................100,000
  Operation and Maintenance, Army.............................2,816,000
  Operation and Maintenance, Navy............................49,779,000
  Operation and Maintenance, Marine Corps.......................270,000
  Operation and Maintenance, Air Force.......................32,554,000
  Operation and Maintenance, Army Reserve.......................853,000
  Operation and Maintenance, Navy Reserve.....................4,650,000
  Operation and Maintenance, Army National Guard..............5,750,000
  Operation and Maintenance, Air National Guard...............4,355,000
  Navy Working Capital Fund.....................................325,000
  Defense Health Program......................................2,120,000
                                                       ________________
                                                       
    Subtotal...............................................$104,147,000


                          classified programs

       Adjustments to classified programs are addressed in a 
     classified annex accompanying this conference agreement.


                         defense health program

       The conference agreement includes $200,000,000 in emergency 
     supplemental appropriations for the Defense Health Program, 
     to address funding shortfalls and other requirements which 
     have emerged since submissions of the fiscal year 1999 budget 
     request. These funds shall be used, as required, to address 
     the operation and maintenance program level adjustments 
     directed in the conference report accompanying the Department 
     of Defense Appropriations Act, 1999; new mission 
     requirements, including implementation of automated clinical 
     guidelines and outcome management; and backlogs in real 
     property maintenance.


         drug interdiction and counter-drug activities, defense

       The conference agreement includes $42,000,000 in emergency 
     supplemental appropriations for the following high-priority 
     requirements:

National Guard General Support..............................$20,000,000
Observation/Spray Aircraft....................................8,000,000
Caribbean/Eastern Pacific Surface Interdiction................8,000,000
Operation CAPER FOCUS.........................................6,000,000

[[Page H11522]]

                    General Provisions--This Chapter

       Division B, Title I of the conference agreement includes 
     section 101, which provides authorization for intelligence 
     activities in this Act.
       The conference agreement includes section 102, which 
     provides $1,000,000,000 in emergency supplemental 
     appropriations for Ballistic Missile Defense program 
     enhancements.
       Recent launches of longer range and increased payload 
     rockets by Iran and North Korea have highlighted the growing 
     threat posed by ballistic missiles. Despite significant 
     investment and strong congressional support, this nation has 
     achieved only limited improvements in its ability to defeat 
     theater ballistic missiles since facing this threat during 
     Operation Desert Storm. Further, as highlighted by the 
     recent report of the commission to Assess the Ballistic 
     Missile Threat to the United States, more and more nations 
     have within the grasp access to intercontinental ballistic 
     missiles (ICBM) and ICBM technology. The United States 
     must respond now. To enable this response, the conference 
     agreement includes an emergency supplemental appropriation 
     of $1,000,000,000 for ballistic missile defense program 
     enhancements.
       The funds are for the sole purpose of enhancing our ability 
     to confidently and expeditiously develop and deliver 
     ballistic missile defense capability, and shall be available 
     only for allocation by the Secretary of Defense. The 
     Secretary shall use these funds only to accelerate 
     development and enhance testing of theater and national 
     ballistic missile defense programs, and shall also give 
     consideration to allocating these funds to program and 
     infrastructure activities which accelerate this nation's 
     efforts to field theater and national ballistic missile 
     defense capability. The Secretary of Defense shall provide 
     written notification to the congressional defense committees 
     30 days before allocating any of the available funds to a 
     specific ballistic missile defense program.
       The conference agreement includes section 103, which 
     provides $259,853,000 in emergency supplemental 
     appropriations only emergency expenses incurred at U.S. 
     military facilities or installations as a result damage or 
     other natural disasters.
       The conference agreement includes section 104, which 
     provides $2,000,000 in supplemental appropriations only for 
     the construction of additional ``Fisher Houses'', which are 
     used by military families for temporary lodging when 
     confronted with the illness or hospitalization of service 
     members or their dependents.
       The conference agreement includes section 105, which amends 
     section 8136 of the Department of Defense Appropriations Act, 
     1999.

                               CHAPTER 2

                          DEPARTMENT OF ENERGY

                    Atomic Energy Defense Activities

                        Other Defense Activities

       The conference agreement includes $200,000,000 for 
     expenditures in the Russian Federation to implement a United 
     States/Russian accord for the disposition of excess weapons 
     plutonium. None of these funds may be obligated until the 
     Department of Energy submits a detailed budget justification 
     to Congress, and the House and Senate Committees on 
     Appropriations have approved the proposal.
       The conference agreement includes $325,000,000 for the 
     purchase of natural uranium associated with the 1997 and 1998 
     deliveries under the United States-Russian Highly Enriched 
     Uranium (HEU) Purchase Agreement.

                               CHAPTER 3

              DEPARTMENT OF DEFENSE--MILITARY CONSTRUCTION

       The conference agreement provides a total of $209,492,000, 
     of which $118,000,000 is designated as an emergency, as 
     requested, for damage related to monsoons in the Republic of 
     Korea, and $91,492,000 is provided as a contingency for storm 
     related damage. Authorization for these projects, including 
     planning and design, is provided in 10 U.S.C. 2854 and 10 
     U.S.C. 2803.

                      Military Construction, Army

       The bill includes $118,000,000, as requested, for planning 
     and design and to replace facilities destroyed by monsoons in 
     the Republic of Korea during August of 1998, as follows:


        Location/Facility                                          Cost
Camp Casey:
  Whole Barracks Complex Renewal............................$29,000,000
  Bachelor Officer Quarters...................................6,500,000
  Warehouses..................................................7,700,000
  Administrative Facility....................................10,600,000
  Vehicle Maintenance Shop....................................7,500,000
                                                       ________________
                                                       
    Subtotal, Camp Casey.....................................61,300,000
Camp Hovey:
  Whole Barracks Complex Renewal.............................20,000,000
  Bachelor Officer Quarters...................................6,400,000
                                                       ________________
                                                       
    Subtotal, Camp Hovey.....................................26,400,000
Camp Red Cloud:
  Consolidated Administrative Facility........................6,900,000
  Bachelor Officer Quarters..................................12,400,000
                                                       ________________
                                                       
    Subtotal, Camp Red Cloud.................................19,300,000
Camp Howze:
  Community Service Center....................................1,750,000
  Company Operations Building.................................2,650,000
                                                       ________________
                                                       
    Subtotal, Camp Howze......................................4,400,000
Planning and Design...........................................6,600,000
                                                       ================

      Grand Total...........................................118,000,000

       In a number of instances, these construction projects 
     include consolidation of activities that were previously 
     conducted in a number of facilities that have been destroyed. 
     All projects, for which funds are appropriated, including 
     such consolidations and planning and design, are authorized 
     by 10 U.S.C. 2854. Language is also included, as requested, 
     authorizing the Secretary of the Army to acquire property and 
     carry out a military construction project at Camp Casey, 
     Korea in the amount of $12,016,000.

                      Military Construction, Navy

       The conference agreement provides a total of $5,860,000 as 
     a contingent emergency appropriation due to storm damage for 
     the following projects:

Mississippi--Gulfport Naval Construction Training Center:
  Consolidated equipment operator training facility............$860,000
Puerto Rico--Naval Station Roosevelt Roads:
  CPO Club....................................................1,000,000
  Pier replacement............................................4,000,000

                    Military Construction, Air Force

       The conference agreement provides a total of $29,200,000, 
     as a contingent emergency appropriation due to storm damage 
     and for force protection which are authorized under 10 U.S.C. 
     2803 and 10 U.S.C. 2854 for the following project:

Mississippi--Keesler AFB:
  Electrical Distribution System............................$27,000,000
      Turkey--Incirlik AB:.........................................
  Base Main Gate Complex......................................2,200,000

               Military Construction, Army national Guard

       The conference agreement provides $2,500,000 as a 
     contingent emergency appropriation due to storm damage for a 
     bridge replacement at Camp Santiago, Puerto Rico. Authority 
     is provided for the Army National Guard to procure targetry 
     systems in support of military construction projects as 
     specified in Senate Report 105-213.

               Military Construction, Air National Guard

       The conference agreement provides $15,900,000 as a 
     contingent emergency appropriation due to storm damage for 
     the following projects:

Mississippi--Gulfport Air National Guard Base:
  Replace fire station........................................2,600,000
  Replace hangar 69...........................................7,100,000
  Replace dormitory...........................................6,200,000

                          Family Housing, Army

       The conference agreement provides $5,200,000 as a 
     contingent emergency appropriation due to storm damage of 
     family housing units and whole house improvements for 
     rehabilitation of family housing units referred to in section 
     8142 of the Department of Defense Appropriations Act, 1999 at 
     Ft. Buchanan, Puerto Rico.

                 Family Housing, Navy and Marine Corps

       The conference agreement provides $10,599,000 as a 
     contingent emergency appropriation due to storm damage for 
     repair and replacement of family housing units and necessary 
     debris removal and clean-up at the following locations:

Florida--Key West Naval Air Station...........................1,547,000
Florida--Pensacola Naval Station................................650,000
Mississippi--Gulfport Construction Battalion Center...........2,802,000
North Carolina--Camp Lejeune..................................2,000,000
North Carolina--Cherry Point....................................500,000
Puerto Rico--Roosevelt Roads..................................3,100,000

       Repairing damage caused by Hurricane Georges to one Navy 
     general or flag officer quarters at Naval Station Roosevelt 
     Roads, Puerto Rico may exceed the maintenance and repair 
     threshold of $25,000. The report required by House Report 
     105-578 may be submitted after these repairs are completed.

                       Family Housing, Air Force

       The conference agreement provides a total of $22,233,000 as 
     a contingent emergency appropriation due to storm damage for 
     repair and replacement of necessary family housing units, 
     supporting facilities, electrical distribution, and necessary 
     debris removal and clean-up at the following locations:

Florida--Hurlburt Field.........................................113,000
Florida--Eglin AFB..............................................120,000
Mississippi--Kessler AFB.....................................22,000,000

                           General Provisions

       A general provision is included which makes a technical 
     correction to Section 2304(c)(2) of the Strom Thurmond 
     National Defense Authorization Act for fiscal year 1999.

[[Page H11523]]

                               CHAPTER 4

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

       In total, this chapter of the bill includes $210,000,000 
     for support of the U.S. Coast Guard. Of this amount, 
     $72,000,000 is to maintain the Coast Guard's operational 
     readiness, and $138,000,000 is for the Coast Guard to play an 
     expanded role in drug interdiction activities. The entire 
     amount is designated as an emergency requirement and made 
     contingent on the President's request and designation of such 
     as an emergency.


                           Operating Expenses

       The bill includes $100,000,000 for additional necessary 
     operating expenses of the Coast Guard, $28,000,000 of which 
     is only available for expenses related to expansion of drug 
     interdiction activities. The balance of funding is provided 
     to maintain the Coast Guard's operational readiness across 
     all mission areas. The entire amount is designated as an 
     emergency requirement and made contingent on the President's 
     request and designation of such as an emergency.


              Acquisition, Construction, and Improvements

       The bill includes $100,000,000 for additional necessary 
     expenses for capital acquisition, construction, renovation 
     and improvement programs of the Coast Guard. This funding is 
     included to expand the Coast Guard's drug interdiction 
     capabilities. The entire amount is designated as an emergency 
     requirement and made contingent on the President's request 
     and designation of such as an emergency. The bill specifies 
     that the funds are available only to purchase specific assets 
     for increasing drug interdiction capabilities, as follows:


        Program                                                  Amount
 Barracuda-class coastal patrol boats.......................$33,000,000
Cutter sensors & communication systems.......................13,000,000
Reactivation of HU-25 jets....................................7,500,000
Operational test, use of force from aircraft..................2,500,000
Aircraft sensors & C-130 engine upgrade......................44,000,000
  Total.....................................................100,000,000


                            Reserve Training

       The bill includes $5,000,000 for additional necessary 
     expenses for reserve training and stipulates that the highest 
     priority for use of these funds is enhancement of drug 
     interdiction activities conducted by the Coast Guard 
     reserves. The bill designates the entire amount as an 
     emergency requirement, and restricts the Coast Guard from 
     transferring any of these funds to the service's operating 
     account. The funding is made contingent on the President's 
     request and designation of such as an emergency requirement.


              Research, Development, Test, and Evaluation

       The bill includes $5,000,000 for additional necessary 
     expenses for research, development, test, and evaluation 
     activities of the Coast Guard. The bill specifies that drug 
     interdiction technologies and related operations research 
     shall receive the highest priority for the use of these 
     funds. The entire amount is designated as an emergency 
     requirement and made contingent on the President's request 
     and designation of such as an emergency.

                        TITLE II--ANTITERRORISM

                               CHAPTER 1

                         DEPARTMENT OF JUSTICE

                    Federal Bureau of Investigation


                         SALARIES AND EXPENSES

       The conference agreement includes $21,680,000, as 
     requested, to remain available until expended as an emergency 
     appropriation to provide additional funds for staff and 
     equipment to increase the capacity and capability of the 
     Federal Bureau of Investigation to respond to acts of 
     terrorism. These funds, when combined with existing 
     resources, will enable the FBI to establish a total of five 
     rapid deployment teams.

                          DEPARTMENT OF STATE

                   Administration of Foreign Affairs


                    DIPLOMATIC AND CONSULAR PROGRAMS

       The conference agreement includes $773,700,000, to remain 
     available until expended, as an emergency appropriation. Of 
     this amount, $748,000,000 is to provide funds for 
     reconstitution of embassy activities in Nairobi, Kenya and 
     Dar es Salaam, Tanzania, and for security improvements for 
     overseas facilities, as requested. In addition, $25,700,000, 
     which is provided above the request, and release of which is 
     contingent upon a Presidential emergency declaration, is to 
     continue funding for antiterrorism requirements overseas 
     initiated in the fiscal year 1997 Appropriations Act. The 
     provision includes language permitting the Secretary of State 
     to procure services and equipment overseas necessary to 
     improve worldwide security and reconstitute embassy 
     operations in Kenya and Tanzania on behalf of any other 
     agency. The Department is expected to consult with the 
     relevant Committees on plans for expenditure of funds to 
     assure that the Committees are in agreement on all planned 
     uses of these funds. The Department is expected to report 
     annually to the relevant Committees on the expenditure of 
     funds made available in this emergency supplemental, to 
     provide Congress a clear accounting of the progress in 
     implementing this package of enhancements.


                         SALARIES AND EXPENSES

       The conference agreement includes $12,000,000 in emergency 
     funding, as requested, to remain available until expended, to 
     provide funds for security improvements and for a security 
     review panel.


                      OFFICE OF INSPECTOR GENERAL

       The conference agreement includes $1,000,000 in emergency 
     funding, as requested, to remain available until expended, to 
     provide funds to enable the Inspector General to carry out 
     additional security oversight and construction inspections at 
     U.S. diplomatic posts abroad.


           SECURITY AND MAINTENANCE OF UNITED STATES MISSIONS

       The conference agreement includes $627,000,000 in emergency 
     funding, as requested, to remain available until expended. 
     This is to provide funds for reconstruction of embassy 
     facilities in Nairobi, Kenya and Dar es Salaam, Tanzania, for 
     reconstitution of embassy activities in interim facilities, 
     and for other activities that improve the security of 
     overseas facilities of the State Department and other Federal 
     agencies. Of the $627,000,000, $56,000,000 is for security 
     projects, relocations, and security projects, relocations, 
     and security equipment on behalf of missions of other U.S. 
     Government agencies. In addition, $185,000,000 of this amount 
     is for capital improvements or relocation of office and 
     residential facilities to improve security, which can only be 
     made available 15 days after notice to the Committees on 
     Appropriations.


           EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE

       The conference agreement includes $10,000,000 in emergency 
     funding, as requested, to remain available until expended, to 
     provide funds for emergency expenditures resulting from the 
     bombing of embassy facilities in Nairobi, Kenya and Dar es 
     Salaam, Tanzania, including expenses related to evacuations, 
     rewards, and the medical and other needs of employees and 
     their families.

                               CHAPTER 2

                         DEPARTMENT OF DEFENSE

                                Military


                operation and maintenance, defense-wide

       The conference agreement includes $358,427,000 in emergency 
     supplemental appropriations for Operation and Maintenance, 
     Defense-Wide for counter-terrorism programs, security 
     enhancements, and other programs.


                          classified programs

       Adjustments to classified programs are addressed in a 
     classified annex accompanying this conference agreement.


       domestic preparedness against weapons of mass destruction

       The conference agreement includes $50,000,000 in emergency 
     supplemental appropriations to initiate and expand activities 
     of the Department of Defense to prevent, prepare for, and 
     respond to a potential terrorist attack in the United States 
     involving weapons of mass destruction (WMD). The National 
     Guard, with its dual status as both a federal and state 
     force, has great potential to enhance the nationwide WMD 
     response capability. The Department of Defense has invested 
     billions of dollars in WMD detection, warning, protection, 
     and decontamination and possesses much knowledge and 
     technology that can be transferred to civil authorities. The 
     National Guard is the logical entity to act as a conduit 
     between the Department of Defense and state and local civil 
     authorities to avoid duplication of effort, and to explain 
     the needs of civil authorities to Department of Defense 
     planners.
       The conference agreement provides funds for the following 
     activities:

National Guard Personnel, Army:
  WMD training and support...................................$4,000,000
National Guard Personnel, Air Force:
  WMD training and support....................................1,000,000
O&M, Army National Guard:
  Consequence management.....................................20,000,000
O&M, Army:
  Consequence management......................................2,000,000
Procurement, Defense-Wide:
  Consequence management......................................8,000,000
RDT&E, Army:
  Consequence management.....................................15,000,000

       The expanded training initiatives developed with research, 
     development, test and evaluation funds are to be fully 
     coordinated and integrated with efforts being planned by 
     other agencies under the new federal framework that has been 
     developed. The Department of Defense training program shall 
     be focused on: (a) transferring military knowledge, 
     expertise, and technology regarding the detection, warning, 
     protection, and decontamination of weapons of mass 
     destruction to appropriate federal, state and local 
     personnel; and (b) promoting the interoperability between 
     designated WMD emergency response units of the National Guard 
     and counterpart federal, state, and local first responder 
     units. Emphasis will be given to developing a comprehensive 
     and sustainable training curriculum to include operational 
     training and refresher courses as well as basic classroom 
     coursework. Implementation of this training program shall use 
     existing infrastructure to the fullest possible extent with 
     emphasis on the use of distributive training technology 
     (e.g., RCAS, Warrior Network, and the collaborative virtual 
     workspace initiative) at National Guard and Reserve Component 
     armories, air bases, schools, and other appropriate 
     facilities.
       In addition to the activities identified in House Report 
     105-591, funds are to be used to

[[Page H11524]]

     provide assistance to civil authorities in conducting 
     detailed equipment needs assessments and procuring or loaning 
     basis and essential equipment to those communities; procure 
     equipment for RAID Elements to include mobile analytical 
     laboratory systems, unified communications suites and other 
     essential operational and communications/computer equipment; 
     establish and equip small organizations in each of the 44 
     states not receiving an initial RAID Element in 1999 to 
     provide limited chemical/biological response capabilities; 
     develop joint doctrine and training plans; and test/evaluate 
     the new system through a comprehensive joint exercise 
     program.

                    General Provisions--This Chapter

       Division B, Title II of the conference agreement includes 
     section 201, as proposed in the supplemental budget request, 
     which amends Section 374 of title 10, United States Code, in 
     order to foster better coordination between the Department of 
     Defense and other Federal agencies with regard to counter-
     terrorism activities.
       The conference agreement includes section 202, which 
     provides $50,000,000 in emergency supplemental appropriations 
     for Domestic Preparedness programs of the Department of 
     Defense against Weapons of Mass Destruction.
       The conference agreement includes section 203, which 
     provides $120,500,000 in emergency supplemental 
     appropriations for the provision of crisis response aviation 
     support.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT

                   International Security Assistance


                         economic support fund

                     (including transfers of funds)

       The conference agreement appropriates $50,000,000 for an 
     additional amount for ``Economic Support Fund'' for 
     assistance for Kenya and Tanzania, to remain available until 
     September 30, 2000. These funds are designated an emergency 
     requirement under the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, pursuant to the President's 
     request.
       In addition, the conference agreement provides for the 
     transfers of $2,500,000 to ``Operating Expenses of the Agency 
     for International Development'' and $1,269,000 to ``Peace 
     Corps'' for security and related expenses, and funds are 
     authorized to be made available for administrative costs 
     associated with assistance provided under this heading. Funds 
     appropriated under this heading are subject to the regular 
     notification procedures of the Committee on Appropriations.


    nonproliferation, anti-terrorism, demining and related programs

       The conference agreement appropriates $20,000,000 for an 
     additional amount for ``Nonproliferation, Anti-Terrorism, 
     Demining and Related Programs'' for anti-terrorism 
     assistance. These funds are designated an emergency 
     requirement under the Balanced Budget and Emergency Deficit 
     Control Act of 1985, as amended, pursuant to the President's 
     request.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                         National Park Service


                 Operation of the National Park system

       An additional $2,320,000 is provided for operation of the 
     national park system to address emergency, security-related 
     expenses. This amount is designated by the Congress as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.


                              Construction

       An additional $3,680,0000 is provided for construction to 
     address emergency, security-related expenses. This amount is 
     designated by the Congress as an emergency requirement as 
     defined in the Balanced Budget and Emergency Deficit Control 
     Act of 1985, as amended.

                               CHAPTER 5

                        ARCHITECT OF THE CAPITOL

                         Capitol Visitor Center

       The conference agreement provides $100,000,000 to the 
     Architect of the Capitol for planning, engineering, design, 
     and construction of a Capitol visitor center, a facility that 
     will provide greater security for all persons working in or 
     visiting the United States Capitol and a more convenient 
     place in which to learn of the work of the Congress. Each of 
     the above-named milestones will require the approval of the 
     appropriate authorizing and appropriations committees as the 
     project progresses. The language of the bill also provides 
     that appropriated funds for this purpose be supplemented by 
     private funds. In this way, all citizens may share in both 
     the services that will be provided by a visitor center as 
     well as an opportunity to help defray the costs of 
     construction.
       The Architect of the Capitol completed an earlier design of 
     a proposed center in 1995. The planning that supported that 
     design needs a thorough review and a more current endorsement 
     from the committees of jurisdiction. The Capitol Preservation 
     Commission is considering a proposal to have the General 
     Accounting Office undertake an analysis of all ancillary 
     costs and operational impacts of a visitor center. It is 
     appropriate that this study go forward during the planning 
     phase and be incorporated into the analysis that underpins 
     the revised plan.
       The funding for the visitor center will remain available 
     until expended and the language provides that section 3709 of 
     the revised statutes shall not apply to these expenditures. 
     The latter provision is standard on such projects and allows 
     negotiated bidding as well as a competitive process. The 
     Architect of the Capitol is directed not to expend any funds 
     for this project without an obligation plan approved by the 
     House and Senate Committees on Appropriations which shall 
     specify the purpose and amount of anticipated obligations. 
     The authorizing committees will oversee these activities in 
     the normal manner.

                              JOINT ITEMS

                          CAPITOL POLICE BOARD

                         Security Enhancements

       The conference agreement provides $106,782,000 to the 
     Capitol Police Board for security enhancements to the United 
     States Capitol complex and the Library of Congress buildings 
     and grounds. These funds will remain available until 
     expended. Language has also been included to allow the 
     transfer of funds to either the Architect of the Capitol or 
     the Library of Congress, based upon plans approved by the 
     Committee on House Oversight of the House of Representatives, 
     the Committee on Rules and Administration of the Senate, and 
     the House and Senate Committees on Appropriations. The 
     Capitol Police Board, Architect of the Capitol, and the 
     Library of Congress are directed not to expend any funds for 
     these security enhancements without an obligation plan 
     approved by the House and Senate Committees on Appropriations 
     which shall specify the purpose and amount of anticipated 
     obligations. The authorizing committees will oversee these 
     activities in the normal manner.
       The Capitol Police Board is directed to secure approval of 
     any plans necessary to carry out these security enhancements 
     from the above-named committees. In carrying out this task, 
     the police board will be expected to consult with the 
     Architect of the Capitol and the Library of Congress. Those 
     agencies, in turn, are directed to make all such requests 
     through the police board for resource allocations from the 
     funds available. The Committees on Appropriations will not 
     approve obligations or transfers of funds until the 
     authorizing and appropriations committees of the respective 
     body have approved the appropriate plans.
       Due to the recent tragic shootings at the Capitol, together 
     with other threats identified by Congressional security 
     experts, the Capitol police have undertaken a broad review of 
     the existing security program and needs for improvement or 
     updating. This review, aided by other Federal security 
     agencies and private consultants, has developed a number of 
     proposals. Several hearings and discussions with the 
     leadership and the committees of jurisdiction have resulted 
     in a priority list that are included within this conference 
     agreement.
       The conference agreement provides funding for the 
     following:

Capitol, House and Senate office buildings:
  1. Command center equipment................................$2,265,000
  2. Intrusion detection systems.............................11,852,000
  3. Closed circuit television................................8,656,000
  4. Communications...........................................2,789,000
  5. Screening equipment.....................................12,458,000
  6. Access control...........................................4,456,000
  7. Training.................................................1,250,000
  8. Officer--issued equipment................................9,778,000
  9. Operational capabilities.................................2,640,000
  10. Physical upgrades.......................................2,417,000
  11. Personnel and overtime increase........................25,260,000
  12. Capital improvements....................................3,586,000
                                                       ________________
                                                       
    Subtotal, Capitol, House and Senate office buildings.....87,407,000
                                                       ================

Library of Congress:
  13. Consolidate command centers............................$2,500,000
  14. Intrusion detection systems.............................2,500,000
  15. Closed circuit television.................................210,000
  16. Screening equipment.......................................391,000
  17. Access control..........................................4,950,000
  18. Training...................................................55,000
  19. Officer equipment..........................................63,000
  20. Physical upgrades.......................................3,864,000
  21. Studies and analyses......................................200,000
  22. LC police staffing increase.............................2,242,000
                                                       ________________
                                                       
    Subtotal, Library of Congress............................16,975,000
                                                       ================

  24. Contingency...........................................$ 2,400,000
  Total, Capitol, House and Senate office buildings, and Library of 
    Congress...............................................$106,782,000

       For capital improvements, certain funds have been provided 
     for further analysis of the need for training and off-site 
     delivery facilities (including the Library of Congress). As 
     the police master plan funded in the FY1999 Legislative 
     Branch Appropriations Act is being conducted, the police 
     board is directed to review and study alternatives for

[[Page H11525]]

     such facilities. If it is determined that new construction is 
     needed, the police board is instructed to seek authority from 
     the appropriate authorizing committees before making any 
     further funding requests in the appropriations process. The 
     appropriate authorization committees are identified in the 
     House and Senate rules and, if there is any question, the 
     police board should refer to those official authorities.
       A contingency has been provided for items such as a mobile 
     command center, decontamination trailers, studies, and a 
     strategic plan. All of these are subject to further 
     justification and approval as is the entire funding program.
       For the Capitol police, funds are provided for additional 
     police staffing sufficient for 260 sworn officers, 
     operational and administrative personnel over a two-year 
     period, assuming a steady recruitment ramp up pattern. This 
     will allow the Capitol police to schedule approximately twice 
     the ordinary number of attendees at the Federal Law 
     Enforcement Training Center. The police board has assured the 
     committees that FLETC is capable of handling this increase. 
     The administrative personnel are provided for the added 
     infrastructure support that will be necessary. In addition to 
     salary funds, $12,000,000 is provided for overtime over the 
     two-year period that will augment the amounts in the base 
     budgets for both years that are customarily provided for 
     overtime. The police are directed to maintain the current 
     high standards for recruitment and deployment of the 
     additional personnel.
       For the Library of Congress, two-year funding is provided 
     for 46 additional police and 5 support personnel, assuming a 
     steady ramp up pattern. An additional $525,000 is provided 
     for overtime expenses.
       It should be noted that these are not hard and fast 
     allocations. As estimates become more precise, further 
     analysis may reveal the necessity to adjust these 
     allocations. In particular, the amounts provided for the 
     Library of Congress items may undergo change due to the 
     transfer of design, installation, and maintenance of LOC 
     physical security systems from the Architect of the Capitol 
     to the Capitol Police Board. The police board and the other 
     agencies, therefore, may have to request changes in these 
     amounts as they present the specific plans for subsequent 
     approval as required by the appropriating legislation. The 
     amounts are identified herein because they are based on the 
     amounts presented to the committees in the justifications 
     given by the police board and the other agencies, as adjusted 
     in the priority list.

                    General Provision, This Chapter

       The conference agreement transfers the responsibility for 
     the design, installation and maintenance of physical security 
     systems for the Library of Congress buildings and grounds 
     from the Architect of the Capitol to the Capitol Police 
     Board. This transfer of responsibility is in keeping with 
     recent efforts to establish a reasoned and uniform approach 
     to security within the Capitol complex. The Capitol Police 
     Board is directed to apply the appropriate standards of 
     security to Library of Congress buildings and grounds.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                    Federal Aviation Administration


                        facilities and equipment

                    (Airport and Airway Trust fund)

       The bill includes $100,000,000 for necessary expenses for 
     acquisition, installation, and related activities supporting 
     the deployment of bulk and trace explosive detection systems 
     and other advanced security equipment at U.S. airports. The 
     Senate received correspondence from the Vice President on 
     September 15, 1998 which stated: ``The terrorist attacks 
     against our embassies in Kenya and Tanzania remind us of the 
     global nature of terrorism. . .These events provide strong 
     evidence of the need to recognize aviation security as a 
     national security issue and to provide substantial federal 
     funds for aviation security improvements as a major element 
     of our overall national security counterintelligence 
     policy''. Consistent with this view, the bill includes 
     $100,000,000 for advanced airport security systems. The 
     entire amount is designated as an emergency requirement. The 
     conference agreement distributes funds as follows:


        Activity                                                 Amount
Acquisition of additional bulk or trace EDS systems.........$50,000,000
TIP-ready, operator-assist x-ray units.......................24,600,000
Integration costs--EDS systems...............................20,000,000
Trace detection document scanners.............................3,400,000
Trace detection passenger portals............................$2,000,000
  Total.....................................................100,000,000

       Compared to original budget estimates, this bill provides 
     more funding for system integration costs based on 
     information that lack of such funding has contributed to the 
     delay in commissioning the security equipment which has been 
     procured thus far. The FAA, airlines, and airport officials 
     all acknowledge that integrating these systems into airline 
     and airport operating systems has been a greater than 
     anticipated challenge. Furthermore, since the certification 
     of second generation bulk EDS systems has been delayed, the 
     conference agreement reallocates some funding to other items 
     which will have a stronger impact on security in the near-
     term. It is hoped that one or more second generation systems 
     will meet the certification standards over the coming year, 
     and that viable competition in this program can be developed.

                               CHAPTER 7

                       DEPARTMENT OF THE TREASURY

                Federal Law Enforcement Training Center


                         salaries and expenses

       The conferees agree to provide $3,548,000, instead of 
     $4,043,000, as requested by the President. This reflects the 
     actual costs of additional instructors at the Center, as well 
     as training, meals, lodging, and related operational costs 
     associated with basic training for Secret Service and State 
     Department students being hired to respond to threats of 
     domestic and foreign terrorism.

                      United States Secret Service


                         salaries and expenses

       The conferees agree to provide $80,808,000, instead of 
     $86,317,000, as requested by the President. The difference 
     between the requested and funded levels is equal to the 
     amount that the President made available for obligation from 
     the Treasury Counter-Terrorism Fund subsequent to the 
     original request. This funding is to cover costs of 
     additional personnel required to increase the number of 
     protective details for Secret Service protectees, enhanced 
     protective capabilities, and protective operations, equipment 
     and services. The conferees remind the Director of the United 
     States Secret Service that funding for vehicle acquisition 
     will not be available for obligation until the Secretary of 
     the Treasury determines that such acquisitions are consistent 
     with Departmental vehicle management policy.

                               TITLE III

     Year 2000 Conversion of Federal Information Technology Systems


                  funds appropriated to the president

       The conferees have provided $2,250,000 for emergency 
     expenses related to Year 2000 conversion of Federal 
     information technology systems for all federal Departments 
     and agencies except the Department of Defense. Of these 
     funds, the conferees agree to provide $16,873,000 for 
     Legislative Branch Year 2000 conversion efforts and 
     $13,044,000 for the conversion of Judicial Branch information 
     technology and security systems. Additional funds for the 
     Department of Defense are provided elsewhere in this Title.
       The conference agreement transfers $16,873,000 to the 
     Legislative branch of the funds appropriated to the President 
     for expenses related to Year 2000 conversion of Federal 
     information technology systems. Of this amount, $5,500,000 is 
     provided to the Senate Sergeant at Arms for Senate computer 
     systems. As requested by the Senate, the Senate Sergeant at 
     Arms is directed to secure approval from the Senate 
     Committees on Appropriations and Rules and Administration. 
     For the House of Representatives, $6,373,000 is provided to 
     the Chief Administrative Officer of the House for activities 
     necessary to complete the year 2000 conversion of systems 
     maintained for the House. The CAO is directed to obtain 
     approval of the plan for carrying out these activities from 
     the Committee on House Oversight. In addition, $5,000,000 is 
     transferred to the General Accounting Office to be available 
     to emergency Year 2000 conversion efforts in other agencies 
     of the Legislative branch. Before making any request for an 
     allocation of these funds, the legislative agency should 
     inform the appropriate oversight committees.

                    Department of Defense--Military


              information technology systems and security

       The conference agreement includes $1,100,000,000 in 
     emergency supplemental appropriations for the Department of 
     Defense, for expenses relating to year 2000 conversion of 
     information technology and national security systems, for 
     information technology and infrastructure protection to 
     include computer security/information assurance programs, and 
     for related expenses.

                      TITLE IV--OTHER EMERGENCIES

                               CHAPTER 1

                         DEPARTMENT OF COMMERCE

            National Oceanic and Atmospheric Administration


                  operations, research, and facilities

       The conference agreement includes $5,000,000 for disaster 
     assistance for persons or entities in the Northeast 
     multispecies fishery who have incurred losses from a 
     commercial fishing failure under section 308(b) of the 
     Interjurisdictional Fisheries Act of 1986. Language is 
     included making the entire amount contingent upon the 
     President submitting a budget request designating the entire 
     amount as an emergency requirement.

                             RELATED AGENCY

                     Small Business Administration


                     disaster loans program account

       In addition to amounts provided elsewhere in this Act, the 
     conference agreement provides an additional $71,000,000 in 
     emergency fiscal year 1999 subsidy appropriations for 
     disaster loans for recovery efforts related to Hurricane 
     Georges and other natural disasters.
       In addition to amounts provided elsewhere in this Act, the 
     conference agreement includes an additional $30,000,000 in 
     emergency fiscal year 1999 appropriations for administrative 
     expenses necessary to carry out the

[[Page H11526]]

     disaster loan program for Hurricane Georges and other natural 
     disasters.
       Language is included designating these amounts as an 
     emergency requirement, and making these amounts available 
     only to the extent that an official budget request is 
     submitted requesting that these specific amounts be 
     designated as an emergency requirement as defined in the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended.

                               CHAPTER 2

                      DEPARTMENT OF DEFENSE--CIVIL

                         Department of the Army

                       Corps of Engineers--Civil


 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

       The conference agreement includes $2,500,000 for emergency 
     repair and dredging requirements associated with Hurricane 
     Georges and other storms.


                   operation and maintenance, general

       The conference agreement includes $99,700,000 for emergency 
     repair and dredging requirements associated with Hurricane 
     Georges and other storms.

                               CHAPTER 3

                  FUNDS APPROPRIATED TO THE PRESIDENT

                  Agency for International Development

                Child Survival and Disease Program Fund

       The conference agreement includes a supplemental 
     appropriation of $50,000,000 for ``Child Survival and Disease 
     Program Fund'', to remain available until expended. The 
     entire amount is available only to the extent an official 
     budget request for a specific dollar amount that includes 
     designation of the entire amount of the request as an 
     emergency requirement under the Budget Act is transmitted by 
     the President to the Congress. The entire amount is 
     designated by the Congress as an emergency.
       The conferees intend that most of these funds be used for 
     child survival activities. The conferees further expect AID 
     to use some of these additional funds for activities to 
     address the needs of children affected by the global AIDS 
     epidemic.

                  Other Bilateral Economic Assistance


  assistance for the new independent states of the former soviet union

       The conference agreement includes a supplemental 
     appropriation of $46,000,000 for ``Assistance for the New 
     Independent States of the Former Soviet Union'', to remain 
     available until September 30, 2000. The entire amount is 
     available only to the extent an official budget request for a 
     specific dollar amount that includes designation of the 
     entire amount of the request as an emergency requirement 
     under the Budget Act is transmitted by the President to the 
     Congress. The entire amount is designated by the Congress as 
     an emergency.

                               CHAPTER 4

                       DEPARTMENT OF THE INTERIOR

                United States Fish and Wildlife Service


                              Construction

       An additional $25,000,000 in emergency appropriations is 
     provided for construction to repair damage due to hurricanes, 
     floods and other acts of nature. This amount is contingent 
     upon receipt of a budget request that includes a Presidential 
     designation of the amount requested as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                         National Park Service


                              Construction

       An additional $10,000,000 is provided for construction to 
     repair damage due to hurricanes, floods and other acts of 
     nature. This amount is contingent upon receipt of a budget 
     request that includes a Presidential designation of the 
     amount requested as an emergency requirement as defined in 
     the Balanced Budget and Emergency Deficit Control Act of 
     1985, as amended.

                    United States Geological Survey


                 Surveys, Investigations, and Research

       An additional $1,000,000 is provided for surveys, 
     investigations, and research to repair damage due to 
     hurricanes, floods and other acts of nature. This amount is 
     contingent upon receipt of a budget request that includes a 
     Presidential designation of the amount requested as an 
     emergency requirement as defined in the Balanced Budget and 
     Emergency Deficit Control Act of 1985, as amended.

                               CHAPTER 5

                          DEPARTMENT OF LABOR

                 Employment and Training Administration


                    Training and Employment Services

       The conference agreement includes $7,000,000 as recently 
     requested by the President for the migrant and seasonal 
     farmworker program under the Job Training Partnership Act. 
     These funds will be used to provide supportive services to 
     migrant and seasonal farmworkers experiencing a loss of 
     income because of crop failures related to drought and other 
     weather-related difficulties in the South and Southwest. This 
     would include temporary shelter, meals, health care, 
     transportation and other emergency assistance as authorized 
     by the Act.

                               CHAPTER 6

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard


              Acquisition, Construction, and Improvements

       The bill includes an appropriation of $12,600,000 to 
     address the damage to Coast Guard facilities in Alabama, 
     Florida, Louisiana, and Puerto Rico arising from Hurricane 
     Georges. These funds remain available until expended, are 
     designated as an emergency requirement by the Congress, and 
     are available only after submission by the President of an 
     official budget request for a specific dollar amount, that 
     includes designation of the entire amount of the request as 
     an emergency requirement.

                               CHAPTER 7

              DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

                   Community Development block Grants

       The agreement provides $250,000,000 for disaster relief, 
     long-term recovery, and mitigation in communities affected by 
     Presidentially-declared natural disasters designated during 
     fiscal years 1998 and 1999. The amount provided is available 
     only to the extent that an official budget request for a 
     specific amount, which includes designation of the entire 
     amount of the request as an emergency, is transmitted by the 
     President to the Congress.
       Concerns remain about use of the CDBG program for disaster 
     relief. The program was not designed for that purpose and the 
     authorizing statute provides no clear guidance regarding the 
     role of CDBG grants in assisting with disaster relief and 
     recovery. Given these concerns, the conference agreement 
     directs HUD, prior to allocating funds, to provide an 
     explanation of the purpose for which funds are requested and 
     how the activity or program was impacted by the disaster.

                  Federal Emergency Management Agency

                            Disaster Relief

       The conference agreement includes an additional 
     $906,000,000 for disaster relief costs associated with 
     Hurricane Georges and other natural disasters. The amount 
     provided is available only to the extent that an official 
     budget request for a specific amount, which includes 
     designation of the entire amount of the request as an 
     emergency, is transmitted by the President to the Congress.
       FEMA is directed, in carrying out disaster relief 
     activities, to work with the Secretary of Housing and Urban 
     Development to give particular attention to assessing and 
     meeting the needs of Puerto Rico and the United States Virgin 
     Islands following Hurricane Georges. All necessary steps 
     should be taken to help the territories recover from the 
     hurricane and restore their economies.
       In addition, FEMA is directed to take all appropriate steps 
     to help the cities of Del Rio and Laredo, Texas recover from 
     damages sustained by tropical storm Charlie in August, 1998. 
     It is noted that FEMA has the discretion under law to adjust 
     the cost share for components of disaster assistance. Given 
     the extreme economic devastation of tropical storm Charlie, 
     FEMA is urged to exercise its discretion in this area.
       Additionally, FEMA is requested to review the emergency 
     needs of Kelso, Washington, resulting from the landslide at 
     that location.
       Finally FEMA is directed to accept the Notice of Interest 
     from Santa Marta Hospital in East Los Angeles and to review 
     the damages to determine eligibility for disaster assistance.

           TITLE V--COUNTER-DRUG ACTIVITIES AND INTERDICTION

                               CHAPTER 1

                       DEPARTMENT OF AGRICULTURE

                      Agriculture Research Service

       The conference agreement provides an additional $23,000,000 
     for the Agriculture Research Service for counterdrug research 
     and development activities. The conference provides that 
     these funds be used as follows:

Narcotic crop eradication technologies.......................$5,000,000
Narcotic plant identification and biotechnology...............2,000,000
Worldwide narcotic crop identification........................1,000,000
Alternate crop research and development.......................5,000,000
Herbicide product research and development...................10,000,000

                               CHAPTER 2

                    Drug Enforcement Administration


                         salaries and expenses

       In addition to amounts provided elsewhere in this Act for 
     the Drug Enforcement Administration, the conference agreement 
     provides an additional $10,200,000 in emergency fiscal year 
     1999 funding as follows: $1,000,000 for additional 
     surveillance and electronic intercept equipment in source 
     countries and transit zones; $1,000,000 for continued 
     development and implementation of automation systems to 
     support intelligence and investigative requirements; and 
     $8,200,000 to complete the implementation of the MERLIN and 
     FIREBIRD systems for all offices in Mexico, the Caribbean, 
     Central and South America.
       Language is included designating these amounts as an 
     emergency requirement, and making these amounts available 
     only to the extent that an official budget request is 
     submitted requesting these specific amounts to be designated 
     as an emergency requirement as defined in the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended.

                 Immigration and naturalization Service


                         salaries and expenses

                     enforcement and border affairs

       In addition to amounts provided elsewhere in this Act for 
     the Immigration and Naturalization Service, the conference 
     agreement

[[Page H11527]]

     provides for an additional $10,000,000 for Integrated 
     Surveillance Information Systems, including sensors, motion 
     detectors, remote video surveillance cameras, and infrared 
     optics.
       Language is included designating this amount as an 
     emergency requirement, and making this amount available only 
     to the extent that an official budget request is submitted 
     requesting this amount to be designated as an emergency 
     requirement as defined in the Balanced Budget and Emergency 
     Deficit Control Act of 1985, as amended.

                               CHAPTER 3

                          DEPARTMENT OF STATE

          International Narcotics Control and Law Enforcement

       The conference agreement appropriates $232,600,000 for 
     ``International Narcotics Control and Law Enforcement''. 
     These funds are available contingent on designation by the 
     President of the entire amount as an emergency under the 
     Balanced Budget and Emergency Deficit Control Act of 1985, as 
     amended. The Congress designates these funds as an emergency 
     under said Act. In addition, the obligation of these funds is 
     subject to the regular notification procedures of the 
     Committees on Appropriations.
       The funds should be made available for the following 
     purposes:

Alternative economic development for Colombia, Peru, and Bol$10,000,000
Procurement and upgrade of UH-1H/1N helicopters for Colombian National 
  Police (CNP)...............................................40,000,000
Procurement of 6 UH-60 helicopters for CNP...................96,000,000
Operations and support for CNP air wing.......................6,000,000
Procurement of DC-3 transport for CNP air wing................2,000,000
Procurement of minigun system for CNP air wing................6,000,000
Reconstruction of Miraflores counternarcotics base............2,000,000
Base and force security for forward CNP counterdrug Bases.....6,000,000
Enhancements to CNP prison security systems...................1,200,000
Support of Bolivian air, riverine and eradication Operations..9,000,000
Support of Peruvian air, riverine and eradication Operations..6,000,000
Implement A-37 extended life program (Peru/Colombia).........24,900,000
Podded radar initiative for aircraft.........................10,000,000
Procure 3 additional observation aircraft....................13,500,000
                                                       ________________
                                                       
  Total.....................................................232,600,000

                               CHAPTER 4

                      DEPARTMENT OF TRANSPORTATION

                              Coast Guard

       This chapter of the bill includes $133,700,000 for 
     additional expenses to expand the Coast Guard's counter-drug 
     activities as part of the broader counter-drug initiative in 
     this bill. The funding is designated as an emergency 
     requirement and made contingent on the President's request 
     and designation of such as an emergency.


                           operating expenses

       The bill includes $16,300,000 for additional operating 
     expenses of the Coast Guard, for expenses related to the 
     expansion of drug interdiction activities. The funding is 
     designated as an emergency requirement and made contingent on 
     the President's request and designation of such as an 
     emergency. The bill specifies that, of the total funds 
     provided, $4,000,000 shall be used for establishment and 
     operation of a Caribbean international support tender, to 
     train and support foreign coast guards in the Caribbean 
     region.


              acquisition, construction, and improvements

       The bill includes $117,400,000 for additional expenses for 
     capital acquisition, construction, renovation and improvement 
     programs of the Coast Guard, to expand the service's drug 
     interdiction capabilities. The entire amount is designated as 
     an emergency requirement and made contingent on the 
     President's request and designation of such as an emergency. 
     The conferees expect the funds the be allocated in the 
     following manner:

        Program                                                  Amount
Maritime patrol aircraft acquisition........................$44,500,000
Acquisition or conversion of up to two vessels to be used as support or 
  command and control platforms..............................20,000,000
Deployable pursuit boat acquisition...........................3,500,000
Barracuda-class coastal patrol boats.........................33,100,000
Cutter sensors & communication systems.......................16,300,000
                                                       ________________
                                                       
  Total.....................................................117,400,000

                               CHAPTER 5

                       DEPARTMENT OF THE TREASURY

                          Departmental Offices


                         salaries and expenses

       The conference agreement provides an additional $1,500,000, 
     which may be transferred to the National Foreign Intelligence 
     Program, as a contingent emergency appropriation for enhanced 
     money laundering intelligence.

                     United States Customs Service


                         salaries and expenses

       The conference agreement provides an additional 
     $106,300,000 as a contingent emergency appropriation for 
     counterdrug initiatives, as follows: $80,000,000 for non-
     intrusive inspection technology (which will augment 
     $54,000,000 in funding provided elsewhere in this Act for a 
     total of $134,000,000 in such technology); $15,000,000 for 
     personnel support for aircrews for additional P-3 and 
     Citation aircraft; $1,300,000 to meet immediate P-3 aircrew 
     support requirements; and $10,000,000 for a port integrity 
     initiative.


 operations, maintenance, and procurement, air and marine interdiction 
                                programs

       The conference agreement provides $162,700,000 as a 
     contingent emergency appropriation for counterdrug 
     initiatives, as follows: $93,000,000 for procurement and 
     conversion of two P-3B AEW Aircraft for use in drug 
     surveillance and interdiction in the source and transit 
     zones; $60,000,000 for procurement and conversion of four P-
     3B Slick aircraft for surveillance and interdiction in the 
     source and transit zones; $5,000,000 for P-3 deployment to 
     the source zone; and $4,700,000 for four tracker aircraft for 
     surveillance and interdiction in the source and transit 
     zones.


  customs facilities, construction, improvements and related expenses

       The conference agreement provides $7,000,000 as a 
     contingent emergency appropriation to construct and furnish 
     an additional support facility for Customs P-3 aircraft.


 incorporation of emergency funding for air interdiction programs into 
                       customs modernization plan

       The U.S. Customs Service is directed to address all 
     contingent emergency funding provided in this bill for 
     staffing, procurement, operations, and facilities for Customs 
     air interdiction in its Air Interdiction Modernization Plan, 
     which is to be submitted with the President's fiscal year 
     2000 budget.

                   EXECUTIVE OFFICE OF THE PRESIDENT

                 Office of National Drug Control Policy


                         salaries and expenses

       The conference agreement provides $1,200,000 as a 
     contingent emergency appropriation for ONDCP Salaries and 
     Expenses.


                        special forfeiture fund

       The conference agreement provides $2,000,000 to be 
     available for transfer to the Office of Justice Programs to 
     support the Drug Court Institute.

                       DIVISION C--OTHER MATTERS

                         TITLE I--OTHER MATTERS

       Sec. 101. The conference agreement includes a provision 
     which allows for appointment of an Acting Treasury Inspector 
     General for Tax Administration to make interim arrangements 
     for administrative support of the office, establish interim 
     positions for personnel transferred for the function, appoint 
     acting personnel as necessary on an interim basis, and to 
     provide input for the fiscal year 2000 budget process.
       Sec. 102. The conferees agree to include language amending 
     Section 122 of Public Law 105-119 to permit the Secretary of 
     the Treasury to establish, over a three year period, a new 
     system of pay, classification, and personnel management for 
     up to 950 employees who fill critical scientific, technical, 
     engineering, intelligence analyst, language translator and 
     medical positions in the Bureau of Alcohol, Tobacco and 
     Firearms, the United States Customs Service, and the United 
     States Secret Service.
       Sec. 103. The conference agreement includes a section that 
     would give the Secretary of State the authority to reemploy 
     Foreign Service annuitants on a temporary basis, but only if 
     and for so long as, the authority is necessary due to an 
     emergency involving a direct threat to life or property or 
     other unusual circumstances. This authority exists under 
     current law for Civil Service employees. This authority is 
     intended to be used to reemploy annuitants to work on the 
     stand up of the Nairobi, Kenya, and Dar es Salaam, Tanzania 
     embassies and related world-wide security issues.
       Sec. 104. The conference agreement includes a provision 
     amending the Diplomatic Security and Antiterrorism Act of 
     1986 to enable the Bureau of Diplomatic Security of the 
     Department of State to employ individuals or organizations by 
     contract to carry out the provisions of that Act. This 
     authority will enable the Bureau to recruit on short notice 
     engineers and technicians with skills specific to such 
     security fields as alarm installations, perimeter security 
     detection systems, and explosives detection systems. This 
     authority will permit an immediate response to increased 
     security requirements and emergency upgrades at diplomatic 
     posts throughout the world.
        The conference agreement includes a provision relating to 
     intrastate bus transportation in the State of Hawaii.
       The conference agreement includes a provision that waives 
     the per-state, per-disaster cap for the State of California 
     for projects resulting from flooding in January and March 
     1995.

[[Page H11528]]

       The conference agreement includes a provision that pertains 
     to the registration of container chassis.
       The conference agreement includes a provision that extends 
     the authorization of the grants-in-aid for airports program 
     through March 31, 1999.
       Sec. 111. The conference agreement includes a provision 
     expressing the Sense of the Congress regarding the increase 
     of steel imports into the United States, and urges the 
     President to take several actions to address this issue and 
     report to Congress by January 5, 1999, with a comprehensive 
     plan for responding to the program.
       Provides for the inclusion of Spirit Mound, South Dakota, 
     as part of the Lewis and Clark National Historic Trail and 
     authorizes the Secretary of the Interior to acquire this 
     property.
       Sec. 113-Sec. 133. The conferees agree to include new 
     provisions naming several post office buildings in various 
     locations throughout the country.
       Sec. 134. The conference agreement inserts a new section 
     requested by District officials that enacts certain 
     provisions of the Omnibus Personnel Reform Amendment Act of 
     1998 approved by the Council of the District of Columbia and 
     signed by the Mayor on April 1, 1998.
       Sec. 135. The conference agreement inserts a new section 
     that transfers any right, title, or interest of the United 
     States in certain property in Anne Arundel County, Maryland, 
     that was formerly the site of Cedar Knoll School, a juvenile 
     detention center operated by the District of Columbia.
       The conference agreement includes language authorizing the 
     Flood Mitigation Near Pierre, South Dakota, project of the 
     U.S. Army Corps of Engineers.
       The conference agreement includes language authorizing the 
     Grand Forks, North Dakota, and East Grand Forks, Minnesota, 
     project of the U.S. Army corps of Engineers.
       Sec. 138 The conference agreement includes an authorization 
     for the Police Corps for the years 1999 through 2002 and 
     makes certain change in the training session requirements.
       Sec. 139. The conferees include a new provision authorizing 
     national medals for the ``Little Rock Nine'' and for Gerald 
     and Betty Ford.
       Sec. 140. The conference agreement includes language which 
     provides for the transfer, by negotiated sale, of 
     approximately 200 acres of property in San Joaquin County, 
     California currently under the jurisdiction of the Federal 
     Bureau of Persons of Department of Justice to the City of 
     Tracy, California.
       Sec. 141. The conferees agree to include a new provision 
     transferring control of any property on which the Lorton 
     Correctional Complex is located to the General Services 
     Administration.
       The conference agreement inserts a new section in Division 
     C of the bill than amends and updates that Act that 
     establishes the U.S. Olympic Committee and the framework for 
     Olympic and amateur sports in the United States. This was not 
     included in either the House or Senate bills. Among other 
     improvements, the section would incorporate the Paralympics 
     under the umbrella of U.S. Olympic Committee responsibilities 
     and would ensure that disabled amateur athletes. The section 
     includes a number of other amendments developed by consensus 
     over a four-year period.
       The conference agreement includes a general provision which 
     amends section 8106(a) of the Department of Defense 
     Appropriations Act, 1997.
       The conference agreement includes a general provision which 
     makes a technical correction to section 8120 of the 
     Department of Defense Appropriations Act, 1999.
       The conference agreement includes a general provision which 
     amends section 1043 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999.
       The conference agreement includes a general provision which 
     amends section 1512 of the Strom Thurmond National Defense 
     Authorization Act for Fiscal Year 1999.
       The conference agreement includes a general provision which 
     requires the Secretary of the Navy, in conjunction with the 
     Commandant of the Marine Corps, to review F/A-18 requirements 
     and production capability and permits the reprogramming of 
     funds to sustain F/A-18 production capability.
       The Marine Corps has a stated requirement for additional F/
     A-18 aircraft to meet requirements due to anticipated 
     attrition of current inventory aircraft. While it may be 
     possible to purchase these aircraft in the future if 
     international sales sustain the production line, the Congress 
     recognizes the risk of this strategy because of the 
     uncertainty of potential foreign sales. Following the review 
     by the Secretary of the Navy and the Commandment of the 
     Marine Corps regarding F/A-18 requirements and production 
     capability, the Congress expects the submission of a 
     reprogramming action or future budget request, if needed, to 
     ensure that the Marine Corps has adequate attack aircraft to 
     meet force structure requirements.
       The conference agreement includes a general provision which 
     amends section 8135 of the Department of Defense 
     Appropriations, Act, 1992.


                      future operational concepts

       The Department of Defense is currently examining a number 
     of alternative operational concepts for the military forces 
     of the future. These include potential doctrinal changes and 
     experimentation by the individual military services as well 
     as joint warfighting initiatives, including those under 
     consideration as part of Joint Vision 2010. The Congress has 
     supported these steps, and believes it imperative that 
     innovative concepts such as ``Rapid Dominance'' be fully 
     considered and refined and if possible be evaluated in 
     conjunction with a targeted research and development program 
     coupled with ``proof-of-concept'' field testing and 
     evaluation. The Secretary of Defense is directed to review 
     such programs to ensure they are being adequately supported 
     in the budget process. The Secretary is encouraged to 
     reprogram or request funds to ensure these important efforts 
     are fully supported.


        entry level commission for military nurse corps officers

       The Administrative is examining whether it should allow 
     individuals with Associate degrees to enter the Nurse Corps 
     as officers. The conferees believe that the responsibilities 
     of Nurse Corps officers necessitate that they should be 
     required to have baccalaureate degrees.
       This provision extends the 1998-1999 duck hunting season in 
     the State of Mississippi.

                    TITLE II--AMERICAN FISHERIES ACT

       The conference agreement includes a new title which: (1) 
     amends current law regarding the ownership requirements for 
     eligibility of a vessel to receive a fishery endorsement to 
     operate in certain fisheries and under certain terms and 
     conditions; and sets forth procedures for implementation and 
     penalties for noncompliance; (2) establishes allocations 
     regarding the total allowable catch in the Bering Sea pollock 
     fishery; (3) authorizes a buyout program of certain catcher/
     processors operating in the Bering Sea pollock fishery, to be 
     financed through $20,000,000 in Federal payments, and 
     $75,000,000 in direct loans to be repaid through a fee on 
     pollock harvested in the fishery; (4) authorizes a direct 
     loan program for the western Alaska community development 
     quota program for the purchase of certain vessels and 
     shoreside processors in the pollock fishery; and (5) sets 
     forth certain requirements for protection and conservation 
     measures for other fisheries in the North Pacific. Neither 
     the House nor Senate bill addressed this matter.

    TITLE IV--AMERICAN COMPETITIVENESS AND WORKFORCE IMPROVEMENT ACT

       The conference agreement includes a new title which will 
     increase the annual quota of temporary visas for foreign 
     professionals through 2001, will increase protections for 
     American professional workers, and will fund job training and 
     scholarship programs for American students and workers in 
     computer science and other scientific fields.

                                TITLE V

       The conference agreement includes language authorizing and 
     directing the Bureau of Reclamation to conduct feasibility 
     studies for the restoration and reclamation of the Salton Sea 
     in California.

                                TITLE VI

       The conference agreement includes the text of S. 1341, the 
     Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and 
     State of South Dakota Terrestrial Wildlife Habitat Mitigation 
     Act of 1997.

                                TITLE X

       The conference agreement includes language establishing the 
     terms and conditions under which the Secretary of the 
     Interior shall convey leaseholds in certain properties around 
     Canyon Ferry Reservoir, Montana.

                 TITLE XI--MORATORIUM ON CERTAIN TAXES

       The conference agreement includes Title XI, The Internet 
     Tax Freedom Act, which establishes a national policy against 
     State and local government interference with interstate 
     commerce on the Internet or interactive computer services, 
     and a three-year moratorium on the imposition of exactions 
     that would interfere with the free flow of commerce via the 
     Internet.

                      TITLE XII--OTHER PROVISIONS

       The conference agreement includes Title XII, Other 
     Provisions, which contains several provisions related to the 
     Internet, including declarations that the Internet should be 
     free of taxes, tariffs, and trade barriers.

            TITLE XIII--CHILDREN'S ONLINE PRIVACY PROTECTION

       The conference agreement includes Title XIII, the 
     Children's Online Privacy Protection Act of 1998, which 
     establishes a framework for the regulation of unfair and 
     deceptive acts and practices in connection with the 
     collection and use of personal information from and about 
     children on the Internet.

                 TITLE XIV--CHILD ONLINE PROTECTION ACT

       The conference agreement includes Title XIV, The Child 
     Online Protection Act, which amends the Communications Act of 
     1934 to require commercial distributors of material through 
     the World Wide Web that is harmful to minors to restrict 
     access to such material by minors. This title also 
     establishes a temporary Commission on Online Child 
     Protection, which is required to produce a report within one 
     year, and to terminate 30 days after producing the report.

                                TITLE XV


                      VACCINE INJURY COMPENSATION

       The conference agreement includes a new title in Division C 
     that was not included in either the House or Senate bills. 
     This title inserts the Vaccine Injury Compensation

[[Page H11529]]

     Program Modification Act which amends the Public Health 
     Service Act and the Internal Revenue Code with respect to 
     vaccine injury compensation.

      TITLE XVI--SERVICE CONNECTION FOR PERSIAN GULF WAR ILLNESSES

       The conference agreement inserts a new title regarding 
     benefits for Persian Gulf War veterans.

            TITLE XVII--GOVERNMENT PAPERWORK ELIMINATION ACT

       The conference agreement includes Title XVII, the 
     Government Paperwork Elimination Act, which requires the 
     development of procedures for the use and acceptance of 
     electronic signatures by Executive agencies of the U.S. 
     Government.

    DIVISION G, FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

       The conference agreement includes Division G, the Foreign 
     Affairs Reform and Restructuring Act of 1998. That Act 
     consists of two subdivisions. Subdivision A consolidates 
     foreign affairs agencies, by requiring that (1) the Arms 
     Control and Disarmament Agency merge with the State 
     Department by April 1, 1999; (2) the United States 
     Information Agency merge with the State Department by October 
     1, 1999; and (3) the authorities of the United States 
     International Development Cooperation Agency are to be 
     brought under the State Department by April 1, 1999. 
     Subdivision B provides authorizations of appropriations for 
     the State Department, United States Information Agency, the 
     Arms Control and Disarmament Agency and other related 
     agencies, and makes a number of changes in the statutory 
     authorities of these agencies.

                               DIVISION J

   TITLE I. EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                       Subtitle A--Tax Provisions

                  A. Extension of Research Tax Credit


(sec. 101 of the House bill,\1\ sec. 101 of S. 2622, and sec. 41 of the 
                                 Code)

     Present law
       Section  41 provides for a research tax credit equal to 20 
     percent of the amount by which a taxpayer's qualified 
     research expenditures for a taxable year exceeded its base 
     amount for that year. The research tax credit expired and 
     generally does not apply to amounts paid or incurred after 
     June 30, 1998.
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     \1\ All references to the ``House bill'' are to H.R. 4738, as 
     passed by the House of Representatives on October 12, 1998.
---------------------------------------------------------------------------
       Except for certain university basic research payments made 
     by corporations, the research tax credit applies only to the 
     extent that the taxpayer's qualified research expenditures 
     for the current taxable year exceed its base amount. The base 
     amount for the current year generally is computed by 
     multiplying the taxpayer's ``fixed-base percentage'' by the 
     average amount of the taxpayer's gross receipts for the four 
     preceding years. If a taxpayer both incurred qualified 
     research expenditures and had gross receipts during each of 
     at least three years from 1984 through 1988, then its 
     ``fixed-base percentage'' is the ratio that its total 
     qualified research expenditures for the 1984-1988 period 
     bears to its total gross receipts for that period (subject to 
     a maximum ratio of .16). All other taxpayers (so-called 
     ``start-up firms'') are assigned a fixed-base percentage of 3 
     percent.
       Taxpayers are allowed to elect an alternative incremental 
     research credit regime. If a taxpayer elects to be subject to 
     this alternative regime, the taxpayer is assigned a three-
     tiered fixed-base percentage (that is lower than the fixed-
     base percentage otherwise applicable under present law) and 
     the credit rate likewise is reduced. Under the alternative 
     credit regime, a credit rate of 1.65 percent applies to the 
     extent that a taxpayer's current-year research expenses 
     exceed a base amount computed by using a fixed-base 
     percentage of 1 percent (i.e., the base amount equals 1 
     percent of the taxpayer's average gross receipts for the four 
     preceding years) but do not exceed a base amount computed by 
     using a fixed-base percentage of 1.5 percent. A credit rate 
     of 2.2 percent applies to the extent that a taxpayer's 
     current-year research expenses exceed a base amount computed 
     by using a fixed-base percentage of 1.5 percent but do not 
     exceed a base amount computed by using a fixed-base 
     percentage of 2 percent. A credit rate of 2.75 percent 
     applies to the extent that a taxpayer's current-year research 
     expenses exceed a base amount computed by using a fixed-base 
     percentage of 2 percent. An election to be subject to this 
     alternative incremental credit regime may be made for any 
     taxable year beginning after June 30, 1996, and such an 
     election applies to that taxable year and all subsequent 
     years (in the event that the credit subsequently is extended 
     by Congress) unless revoked with the consent of the Secretary 
     of the Treasury.
     House Bill
       The House bill extends the research tax credit for 18 
     months--i.e., generally, for the period July 1, 1998, through 
     December 31, 1999.
       Effective date.--The extension of the research credit is 
     effective for qualified research expenditures paid or 
     incurred during the period July 1, 1998, through December 31, 
     1999.
     Senate Amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that is similar to 
     the provision contained in the House bill. S. 2622 extends 
     the research tax credit for 12 months--i.e., generally, for 
     the period July 1, 1998, through June 30, 1999.
       Effective date.--The extension of the research credit is 
     effective for qualified research expenditures paid or 
     incurred during the period July 1, 1998, through June 30, 
     1999.
     Conference Agreement
       The conference agreement follows S. 2622 and extends the 
     research credit for 12 months--i.e., generally, for the 
     period July 1, 1998, through June 30, 1999.
       In extending the credit, the conferees wish to reaffirm the 
     scope of the term ``qualified research.'' Section 41 targets 
     the credit to research which is undertaken for the purpose of 
     discovering information which is technological in nature and 
     the application of which is intended to be useful in the 
     development of a new or improved business component of the 
     taxpayer. However, eligibility for the credit does not 
     require that the research be successful--i.e., the research 
     need not achieve its desired result. Moreover, evolutionary 
     research activities intended to improve functionality, 
     performance, reliability, or quality are eligible for the 
     credit, as are research activities intended to achieve a 
     result that has already been achieved by other persons but is 
     not yet within the common knowledge (e.g., freely available 
     to the general public) of the field (provided that the 
     research otherwise meets the requirements of section 41, 
     including not being excluded by subsection (d)(4)).
       Activities constitute a process of experimentation, as 
     required for credit eligibility, if they involve evaluation 
     of more than one alternative to achieve a result where the 
     means of achieving the result are uncertain at the outset, 
     even if the taxpayer knows at the outset that it may be 
     technically possible to achieve the result. Thus, even though 
     a researcher may know of a particular method of achieving an 
     outcome, the use of the process of experimentation to effect 
     a new or better method of achieving that outcome may be 
     eligible for the credit (provided that the research otherwise 
     meets the requirements of section 41, including not being 
     excluded by subsection (d)(4)).
       Lastly, the conferees observe the lack of clarity in the 
     interpretation of the distinction between internal-use 
     software, the costs of which may be eligible for the credit 
     if additional tests are met, and other software. The 
     conferees emphasize that application of the definition of 
     internal-use software should fully reflect Congressional 
     intent.
       Effective date.--The extension of the research credit is 
     effective for qualified research expenditures paid or 
     incurred during the period July 1, 1998, through June 30, 
     1999.

            B. Extension of the Work Opportunity Tax Credit


 (sec. 102 of the House bill, sec. 102 of S. 2622, and sec. 51 of the 
                                 Code)

     Present Law
       In general
       The work opportunity tax credit (``WOTC''), which expired 
     on June 30, 1998, was available on an elective basis for 
     employers hiring individuals from one or more of eight 
     targeted groups. The credit equals 40 percent (25 percent for 
     employment of 400 hours or less) of qualified wages. 
     Qualified wages are wages attributable to service rendered by 
     a member of a targeted group during the one-year period 
     beginning with the day the individual began work for the 
     employer. For a vocational rehabilitation referral, however, 
     the period begins on the day the individual began work for 
     the employer on or after the beginning of the individual's 
     vocational rehabilitation plan.
       The maximum credit per employee is $2,400 (40% of the first 
     $6,000 of qualified first-year wages). With respect to 
     qualified summer youth employees, the maximum credit is 
     $1,200 (40 percent of the first $3,000 of qualified first-
     year wages).
       The employer's deduction for wages is reduced by the amount 
     of the credit.
       Targeted groups eligible for the credit
       The eight targeted groups are: (1) families eligible to 
     receive benefits under the Temporary Assistance for Needy 
     Families (TANF) Program; (2) high-risk youth; (3) qualified 
     ex-felons; (4) vocational rehabilitation referrals; (5) 
     qualified summer youth employees; (6) qualified veterans; (7) 
     families receiving food stamps; and (8) persons receiving 
     certain Supplemental Security Income (SSI) benefits.
       Minimum employment period
       No credit is allowed for wages paid to employees who work 
     less than 120 hours in the first year of employment.
       Expiration date
       The credit is effective for wages paid or incurred to a 
     qualified individual who began work for an employer before 
     July 1, 1998.
     House Bill
       The House bill extends the work opportunity tax credit for 
     18 months (through December 31, 1999).
       Effective date.--The provision is effective for wages paid 
     or incurred to qualified individuals who begin work for the 
     employer on or after July 1, 1998, and before January 1, 
     2000.

[[Page H11530]]

     Senate amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that is similar to 
     the provision contained in the House bill. S. 2622 extends 
     the work opportunity tax credit for 12 months (through June 
     30, 1999).
       Effective date.--The provision is effective for wages paid 
     or incurred to qualified individuals who begin work for the 
     employer on or after July 1, 1998, and before July 1, 1999.
     Conference agreement
       The conference agreement follows S. 2622.

             C. Extension of the Welfare-To-Work Tax Credit


             (sec. 103 of S. 2622 and sec. 51A of the code)

     Present law
       The Code provides to employers a tax credit on the first 
     $20,000 of eligible wages paid to qualified long-term family 
     assistance (AFDC or its successor program) recipients during 
     the first two years of employment. The credit is 35 percent 
     of the first $10,000 of eligible wages in the first year of 
     employment and 50 percent of the first $10,000 of eligible 
     wages in the second year of employment. The maximum credit is 
     $8,500 per qualified employee.
       Qualified long-term family assistance recipients are: (1) 
     members of a family that has received family assistance for 
     at least 18 consecutive months ending on the hiring date; (2) 
     members of a family that has received family assistance for a 
     total of at least 18 months (whether or not consecutive) 
     after the date of enactment of this credit if they are hired 
     within two years after the date that the 18-month total is 
     reached; and (3) members of a family who are no longer 
     eligible for family assistance because of either Federal or 
     State time limits, if they are hired within two years after 
     the Federal or State time limits made the family ineligible 
     for family assistance.
       Eligible wages include cash wages paid to an employee plus 
     amounts paid by the employer for the following: (1) 
     educational assistance excludable under a section 127 program 
     (or that would be excludable but for the expiration of sec. 
     127); (2) health plan coverage for the employee, but not more 
     than the applicable premium defined under section 
     4980B(f)(4); and (3) dependent care assistance excludable 
     under section 129.
       The welfare to work credit is effective for wages paid or 
     incurred to a qualified individual who begins work for an 
     employer on or after January 1, 1998, and before May 1, 1999.
     House bill
       No provision.
     Senate amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, extends the welfare-to-work tax credit for 
     two months.
       Effective date.--The provision extends the welfare-to-work 
     credit effective for wages paid or incurred to a qualified 
     individual who begins work for an employer on or after May 1, 
     1999, and before July 1, 1999.
     Conference agreement
       The conference agreement follows S. 2622.

D. Extend the Deduction Provided for Contributions of Appreciated Stock 
to Private Foundations; Public Inspection of Private Foundation Annual 
                                Returns


1. Extend the deduction provided for contributions of appreciated stock 
 to private foundations (sec. 104(a) of the house bill, sec. 104 of S. 
                 2622, and sec. 170(e)(5) of the code)

     Present law
       In computing taxable income, a taxpayer who itemizes 
     deductions generally is allowed to deduct the fair market 
     value of property contributed to a charitable 
     organization.\2\ However, in the case of a charitable 
     contribution of short-term gain, inventory, or other ordinary 
     income property, the amount of the deduction generally is 
     limited to the taxpayer's basis in the property. In the case 
     of a charitable contribution of tangible personal property, 
     the deduction is limited to the taxpayer's basis in such 
     property if the use by the recipient charitable organization 
     is unrelated to the organization's tax-exempt purpose.
---------------------------------------------------------------------------
     \2\ The amount of the deduction allowable for a taxable year 
     where respect to a charitable contribution may be reduced 
     depending on the type of property contributed, the type of 
     charitable organization to which the property is contributed, 
     and the income of the taxpayer (sec. 170(b) and 170(e)).
---------------------------------------------------------------------------
       In cases involving contributions to a private foundation 
     (other than certain private operating foundations), the 
     amount of the deduction is limited to the taxpayer's basis in 
     the property. However, under a special rule contained in 
     section 170(e)(5), taxpayers are allowed a deduction equal to 
     the fair market value of ``qualified appreciated stock'' 
     contributed to a private foundation prior to July 1, 1998. 
     Qualified appreciated stock is defined as publicly traded 
     stock which is capital gain property. The fair-market-value 
     deduction for qualified appreciated stock donations applies 
     only to the extent that total donations made by the donor to 
     private foundations of stock in a particular corporation did 
     not exceed 10 percent of the outstanding stock of that 
     corporation. For this purpose, an individual is treated as 
     making all contributions that were made by any member of the 
     individual's family.
     House bill
       The House bill extends permanently the special rule 
     contained in section 170(e)(5).
       Effective date.--The provision is effective for 
     contributions of qualified appreciated stock to private 
     foundations made on or after July 1, 1998.
     Senate amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that is similar to 
     the provision contained in the House bill. The provision in 
     S. 2622 extends the special rule contained in section 
     170(e)(5) for one year--for contributions of qualified 
     appreciated stock made to private foundations during the 
     period July 1, 1998, through June 30, 1999.
     Conference agreement
       The conference agreement follows the House bill.


2. Public inspection of private foundation annual returns (sec. 104(b) 
        of the House bill and secs. 6104(d) and (e) of the Code)

     Present law
       Tax-exempt organizations (other than churches and certain 
     small organizations) are required to file an annual 
     information return (Form 990) with the Internal Revenue 
     Service (``IRS''), setting forth the organization's items of 
     gross income and expenses attributable to such income, 
     disbursements for tax-exempt purposes, plus certain other 
     information for the taxable year.
       Private foundations are required to make the current year's 
     annual information return (Form 990-PF) available for public 
     inspection at the foundation's principal office during 
     regular business hours (sec. 6104(d)). Such return must be 
     made available for inspection by any citizen on request made 
     within 180 days after the date of publication of notice of 
     its availability. Notice must be published, not later than 
     the day the return is required to be filed, in a newspaper 
     having general circulation in the county in which the 
     principal office of the foundation is located. The notice 
     must state that the annual return is available for public 
     inspection by any citizen who requests it, and must state the 
     address and telephone number of the private foundation's 
     principal office and the name of its principal manager.
       Tax-exempt organizations (other than private foundations) 
     that are required to file a Form 990, including public 
     charities, are required to allow public inspection at the 
     organization's principal office (and certain regional or 
     district offices) of their Forms 990 for the three most 
     recent taxable years (sec. 6104(e)).
       The Taxpayer Bill of Rights 2 imposed additional public 
     inspection requirements on tax-exempt organizations. All tax-
     exempt organizations, except private foundations, will be 
     required to comply with requests made in person or in writing 
     by individuals who seek a copy of the organization's Form 990 
     for any of the organization's three most recent taxable 
     years. Upon such a request, the organization is required to 
     supply copies without charge other than a reasonable fee for 
     reproduction and mailing costs. If the request for copies is 
     made in person, then the organization must immediately 
     provide such copies. If the request for copies is made in 
     writing, then copies must be provided within 30 days. In 
     addition, all tax-exempt organizations, including private 
     foundations, will be required to comply in the same manner 
     with requests made in person or in writing by individuals 
     who seek a copy of the organization's application for 
     recognition of tax-exempt status and certain related 
     documents. However, an organization may be relieved of its 
     obligation to provide copies if, in accordance with 
     regulations to be promulgated by the Secretary of 
     Treasury, (1) the organization has made the requested 
     documents widely available or (2) the Secretary of the 
     Treasury determined, upon application by the organization, 
     that the organization was subject to a harassment campaign 
     such that a waiver of the obligation to provide copies 
     would be in the public interest. These additional public 
     inspection provisions apply to requests made no earlier 
     than 60 days after the date on which the Treasury 
     Department publishes regulations defining when requested 
     documents have been made widely available or when a 
     request is part of a harassment campaign.\3\ While 
     proposed regulations have been issued, final regulations 
     have not been published; therefore, the provision is not 
     yet in effect.\4\
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     \3\ However, the legislative history of the provision 
     indicates that Congress expected that organizations will 
     comply voluntarily with the public inspection provisions 
     prior to the issuance of such final regulations.
     \4\ Prop. Treas. Reg. sec. 301.6104(e)-1.
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       Upon written request to the IRS, members of the general 
     public also are permitted to inspect annual information 
     returns of tax-exempt organizations and applications for 
     recognition of tax-exempt status (and related documents) at 
     the National Office of the IRS in Washington, D.C. A person 
     making such a written request is notified by the IRS when the 
     material is available for inspection at the National Office, 
     where notes may be taken of the material open for inspection, 
     photographs taken with the person's own equipment, or copies 
     of such material obtained from the IRS for a fee (Treas. Reg. 
     secs. 301.6104(a)-6 and 301.6104(b)-1).
     House bill
       Under the House bill, private foundations are subject to 
     the public inspection requirements that currently apply to 
     public charities and all other tax-exempt organizations that 
     file annual information returns. Accordingly, private 
     foundations will be required to

[[Page H11531]]

     comply with requests from individuals who seek a copy of the 
     foundation's annual information return for any of the 
     foundation's three most recent taxable years. Private 
     foundations are no longer subject to the publication 
     requirements of section 6104(d).\5\
---------------------------------------------------------------------------
     \5\ As set forth in the legistive history of the provision, 
     the House Committee on Ways and Means noted that the length 
     of annual information returns filed by certain private 
     foundations may make duplication and mailing of the return 
     expensive and administratively burdensome. The Committee 
     expressed its expectation that the Treasury Department will 
     publish regulations to address this issue (e.g., by 
     permitting perons to request a copy of portions of the 
     return).
---------------------------------------------------------------------------
       Effective date.--The additional public inspection 
     provisions apply to requests made after the later of: (1) the 
     date which is 60 days after the date on which the Treasury 
     Department publishes regulations defining when requested 
     documents have been made widely available or when a request 
     is part of a harassment campaign, or (2) December 31, 1998. 
     The repeal of the present-law publication requirement shall 
     apply only to those returns the due date for filing of which 
     is on or after the date the public inspection requirements 
     become effective.

                            Senate amendment

       No provision.

                          Conference Agreement

       The conference agreement follows the House bill.

   E. Exceptions Under Subpart F for Certain Active Financing Income


(sec. 105 of the House bill, sec. 105 of S. 2622, and secs. 953 and 954 
                              of the Code)

     Present law
       In general
       Under the subpart F rules, certain U.S. shareholders of a 
     controlled foreign corporation (``CFC'') are subject to U.S. 
     tax currently on certain income earned by the CFC, whether or 
     not such income is distributed to the shareholders. The 
     income subject to current inclusion under the subpart F rules 
     includes, among other things, ``foreign personal holding 
     company income'' and insurance income. The U.S. 10-percent 
     shareholders of a CFC also are subject to current inclusion 
     with respect to their shares of the CFC's foreign base 
     company services income (i.e., income derived from services 
     performed for a related person outside the country in which 
     the CFC is organized).
       Foreign personal holding company income generally consists 
     of the following: (1) dividends, interest, royalties, rents 
     and annuities; (2) net gains from the sale or exchange of (a) 
     property that gives rise to the preceding types of income, 
     (b) property that does not give rise to income, and (c) 
     interests in trusts, partnerships, and REMICs; (3) net gains 
     from commodities transactions; (4) net gains from foreign 
     currency transactions; (5) income that is equivalent to 
     interest; (6) income from notional principal contracts; and 
     (7) payments in lieu of dividends.
       Insurance income subject to current inclusion under the 
     subpart F rules includes any income of a CFC attributable to 
     the issuing or reinsuring of any insurance or annuity 
     contract in connection with risks located in a country other 
     than the CFC's country of organization. Subpart F insurance 
     income also includes income attributable to an insurance 
     contract in connection with risks located within the CFC's 
     country of organization, as the result of an arrangement 
     under which another corporation receives a substantially 
     equal amount of consideration for insurance of other-country 
     risks. Investment income of a CFC that is allocable to any 
     insurance or annuity contract related to risks located 
     outside the CFC's country of organization is taxable as 
     subpart F insurance income (Prop. Treas. Reg. sec. 1.953-
     1(a)).
       Temporary exceptions from foreign personal holding company 
     income and foreign base company services income apply for 
     subpart F purposes for certain income that is derived in the 
     active conduct of a banking, financing, insurance, or similar 
     business.\6\ These exceptions (described below) are 
     applicable only for taxable years beginning in 1998.
---------------------------------------------------------------------------
     \6\ The President canceled these exceptions in 1997 pursuant 
     to the Line Item Veto Act. On June 25, 1998, the U.S. Supreme 
     Court held that the cancellation procedures set forth in the 
     Line Item Veto Act are unconstitutional. Clinton v. City of 
     New York, 118 S. Ct. 2091 (June 25, 1998).
---------------------------------------------------------------------------
       Income from the active conduct of a banking, financing, or 
           similar business
       A temporary exception from foreign personal holding company 
     income applies to income that is derived in the active 
     conduct of a banking, financing, or similar business by a CFC 
     that is predominantly engaged in the active conduct of such 
     business. For this purpose, income derived in the active 
     conduct of a banking, financing, or similar business 
     generally is determined under the principles applicable in 
     determining financial services income for foreign tax credit 
     limitation purposes. However, in the case of a corporation 
     that is engaged in the active conduct of a banking or 
     securities business, the income that is eligible for this 
     exception is determined under the principles applicable in 
     determining the income which is treated as nonpassive income 
     for purposes of the passive foreign investment company 
     provisions. In this regard, the income of a corporation 
     engaged in the active conduct of a banking or securities 
     business that is eligible for this exception is the income 
     that is treated as nonpassive under the regulations proposed 
     under section 1296(b) (as in effect prior to the enactment of 
     the Taxpayer Relief Act of 1997). See Prop. Treas. Reg. secs. 
     1.1296-4 and 1.1296-6. The Secretary of the Treasury is 
     directed to prescribe regulations applying look-through 
     treatment in characterizing for this purpose dividends, 
     interest, income equivalent to interest, rents and royalties 
     from related persons.
       For purposes of the temporary exception, a corporation is 
     considered to be predominantly engaged in the active conduct 
     of a banking, financing, or similar business if it is engaged 
     in the active conduct of a banking or securities business or 
     is a qualified bank affiliate or qualified securities 
     affiliate. In this regard, a corporation is considered to be 
     engaged in the active conduct of a banking or securities 
     business if the corporation would be treated as so engaged 
     under the regulations proposed under prior law section 
     1296(b) (as in effect prior to the enactment of the Taxpayer 
     Relief Act of 1997); qualified bank affiliates and qualified 
     securities affiliates are as determined under such proposed 
     regulations. See Prop. Treas. Reg. secs. 1.1296-4 and 1.1296-
     6.
       Alternatively, a corporation is considered to be engaged in 
     the active conduct of a banking, financing, or similar 
     business if more than 70 percent of its gross income is 
     derived from such business from transactions with unrelated 
     persons located within the country under the laws of which 
     the corporation is created or organized. For this purpose, 
     income derived by a qualified business unit (``QBU'') of a 
     corporation from transactions with unrelated persons located 
     in the country in which the QBU maintains its principal 
     office and conducts substantial business activity is treated 
     as derived by the corporation from transactions with 
     unrelated persons located within the country in which the 
     corporation is created or organized. A person other than a 
     natural person is considered to be located within the country 
     in which it maintains an office through which it engages in a 
     trade or business and by which the transaction is effected. A 
     natural person is treated as located within the country in 
     which such person is physically located when such person 
     enters into the transaction.
       Income from the active conduct of an insurance business
       A temporary exception from foreign personal holding company 
     income applies for certain investment income of a qualifying 
     insurance company with respect to risks located within the 
     CFC's country of creation or organization. These rules differ 
     from the rules of section 953 of the Code, which determines 
     the subpart F inclusions of a U.S. shareholder relating to 
     insurance income of a CFC. Such insurance income under 
     section 953 generally is computed in accordance with the 
     rules of subchapter L of the Code.
       A temporary exception applies for income (received from a 
     person other than a related person) from investments made by 
     a qualifying insurance company of its reserves or 80 percent 
     of its unearned premiums. For this purpose, in the case of 
     contracts regulated in the country in which sold as property, 
     casualty or health insurance contracts, unearned premiums and 
     reserves are defined as unearned premiums and reserves for 
     losses incurred determined using the methods and interest 
     rates that would be used if the qualifying insurance company 
     were subject to tax under subchapter L of the Code. Thus, for 
     this purpose, unearned premiums are determined in accordance 
     with section 832(b)(4), and reserves for losses incurred are 
     determined in accordance with section 832(b)(5) and 846 of 
     the Code (as well as any other rules applicable to a U.S. 
     property and casualty insurance company with respect to such 
     amounts).
       In the case of a contract regulated in the country in which 
     sold as a life insurance or annuity contract, the following 
     three alternative rules for determining reserves apply. Any 
     one of the three rules can be elected with respect to a 
     particular line of business.
       First, reserves for such contracts can be determined 
     generally under the rules applicable to domestic life 
     insurance companies under subchapter L of the Code, using the 
     methods there specified, but substituting for the interest 
     rates in Code section 807(d)(2)(B) an interest rate 
     determined for the country in which the qualifying insurance 
     company was created or organized, calculated in the same 
     manner as the mid-term applicable Federal interest rate 
     (``AFR'') (within the meaning of section 1274(d)).
       Second, the reserves for such contracts can be determined 
     using a preliminary term foreign reserve method, except that 
     the interest rate to be used is the interest rate determined 
     for the country in which the qualifying insurance company was 
     created or organized, calculated in the same manner as the 
     mid-term AFR. If a qualifying insurance company uses such a 
     preliminary term method with respect to contracts insuring 
     risks located in the country in which the company is created 
     or organized, then such method is the method that applies for 
     purposes of this election.
       Third, reserves for such contracts can be determined to be 
     equal to the net surrender value of the contract (as defined 
     in section 807(e)(1)(A)).
       In no event can the reserve for any contract at any time 
     exceed the foreign statement reserve for the contract, 
     reduced by

[[Page H11532]]

     any catastrophe or deficiency reserve. This rule applies 
     whether the contract is regulated as a property, casualty, 
     health, life insurance, annuity or any other type of 
     contract.
       A temporary exception from foreign personal holding company 
     income also applies for income from investment of assets 
     equal to: (1) one-third of premiums earned during the taxable 
     year on insurance contracts regulated in the country in which 
     sold as property, casualty, or health insurance contracts; 
     and (2) the greater of 10 percent of reserves, or, in the 
     case of a qualifying insurance company that is a startup 
     company, $10 million. For this purpose, a startup company is 
     a company (including any predecessor) that has not been 
     engaged in the active conduct of an insurance business for 
     more than 5 years. In general, the 5-year period commences 
     when the foreign company first is engaged in the active 
     conduct of an insurance business. If the foreign company was 
     formed before being acquired by the U.S. shareholder, the 5-
     year period commences when the acquired company first was 
     engaged in the active conduct of an insurance business. In 
     the event of the acquisition of a book of business from 
     another company through an assumption or indemnity 
     reinsurance transaction, the 5-year period commences when the 
     acquiring company first engaged in the active conduct of an 
     insurance business, except that if more than a substantial 
     part (e.g., 80 percent) of the business of the ceding company 
     is acquired, then the 5-year period commences when the ceding 
     company first engaged in the active conduct of an insurance 
     business. Reinsurance transactions among related persons may 
     not be used to multiply the number of 5-year periods.
       Under rules prescribed by the Secretary, income is 
     allocated to contracts as follows. In the case of contracts 
     that are separate account-type contracts (including variable 
     contracts not meeting the requirements of sec. 817), only the 
     income specifically allocable to such contracts is taken into 
     account. In the case of other contracts, income not 
     specifically allocable is allocated ratably among such 
     contracts.
       A qualifying insurance company is defined as any entity 
     which: (1) is regulated as an insurance company under the 
     laws of the country in which it is incorporated; (2) derives 
     at least 50 percent of its net written premiums from the 
     insurance or reinsurance of risks situated within its country 
     of incorporation; and (3) is engaged in the active conduct of 
     an insurance business and would be subject to tax under 
     subchapter L if it were a domestic corporation.
       The temporary exceptions do not apply to investment income 
     (includable in the income of a U.S. shareholder of a CFC 
     pursuant to sec. 953) allocable to contracts that insure 
     related party risks or risks located in a country other than 
     the country in which the qualifying insurance company is 
     created or organized.
       Anti-abuse rule
       An anti-abuse rule applies for purposes of these temporary 
     exceptions. For purposes of applying these exceptions, items 
     with respect to a transaction or series of transactions are 
     disregarded if one of the principal purposes of the 
     transaction or transactions is to qualify income or gain for 
     these exceptions, including any change in the method of 
     computing reserves or any other transaction or transactions 
     one of the principal purposes of which is the acceleration or 
     deferral of any item in order to claim the benefits of these 
     exceptions.
       Foreign base company services income
       A temporary exception from foreign base company services 
     income applies for income derived from services performed in 
     connection with the active conduct of a banking, financing, 
     insurance or similar business by a CFC that is predominantly 
     engaged in the active conduct of such business or is a 
     qualifying insurance company.
     House Bill
       In general
       The House bill extends and modifies the present-law 
     temporary exceptions from subpart F for income that is 
     derived in the active conduct of a banking, financing, or 
     similar business or in the conduct of an insurance business. 
     These exceptions (as modified) are applicable only for 
     taxable years beginning in 1999.
       With respect to income derived in the active conduct of a 
     banking, financing, or similar business, the House bill 
     differs from the present-law temporary exceptions in the 
     following significant respects. First, the House bill 
     requires a CFC to conduct substantial activity with respect 
     to its business in order to qualify for the exceptions. 
     Second, the House bill adds certain nexus requirements which 
     require that income which is derived by a CFC or QBU from 
     transactions with customers is eligible for the exceptions 
     if, among other things, substantially all of the activities 
     in connection with such transactions are conducted directly 
     by the CFC or QBU in its home country, and such income is 
     treated as earned by the CFC or QBU in its home country for 
     purposes of such country's tax laws. Third, the House bill 
     modifies the tests for determining whether a CFC is 
     predominantly engaged in the active conduct of a banking, 
     financing, or similar business, including modifications for 
     income derived from a lending or finance business. Fourth, 
     the House bill extends the exceptions to income derived from 
     certain cross border transactions, provided that certain 
     requirements are met. Fifth, the determination of where a 
     customer is treated as located is made under rules prescribed 
     by the Secretary of the Treasury. Finally, the look-through 
     rule that was included in the present-law provision for 
     purposes of determining the income eligible for the 
     exceptions is eliminated.
       In the case of insurance, the House bill differs from 
     present law in the following significant respects. In 
     addition to the exception for certain income of a 
     qualifying insurance company with respect to risks located 
     within the CFC's country of creation or organization that 
     is provided under present law, the House bill provides 
     additional exceptions. First, the House bill provides 
     temporary exceptions from insurance income and from 
     foreign personal holding company income for certain income 
     of a qualifying branch of a qualifying insurance company 
     with respect to risks located within the home country of 
     the branch, provided certain requirements are met under 
     each of the exceptions. Further, the House bill adds 
     additional temporary exceptions from insurance income and 
     from foreign personal holding company income for certain 
     income of certain CFCs or branches with respect to risks 
     located in any country other than the United States, 
     provided that the requirements for these exceptions are 
     met.
       Income from the active conduct of a banking, financing, or 
           similar business
       Substantial activity requirement.--The House bill modifies 
     the exceptions from subpart F for income derived in the 
     active conduct of a banking, financing, or similar business 
     by, among other things, incorporating a substantial activity 
     requirement. Under the House bill, the subpart F exceptions 
     apply to a CFC that is an eligible controlled foreign 
     corporation (an ``eligible CFC''). An eligible CFC is defined 
     as a CFC which is predominantly engaged in the active conduct 
     of a banking, financing, or similar business, but only if it 
     conducts substantial activity with respect to such business.
       Whether a CFC is considered to conduct substantial activity 
     with respect to a banking, financing, or similar business is 
     determined under all the facts and circumstances. It is 
     intended that as part of this facts and circumstances 
     analysis in determining whether the activities conducted by 
     the CFC are substantial, all relevant factors are taken into 
     account, including the overall size of the CFC, the amount of 
     its revenues and expenses, the number of its employees, the 
     ratio of its revenues per employee, the amount of property it 
     owns, and the nature, size, and relative significance of the 
     applicable activities conducted by the CFC. Under the House 
     bill, the Treasury Secretary is granted the authority to 
     prescribe regulations to carry out the purposes of these 
     exceptions. It is intended that such authority includes the 
     authority to prescribe rules relating to whether a CFC (or, 
     as relevant, a QBU) is considered to conduct substantial 
     activity.
       It also is intended that as part of this facts and 
     circumstances analysis, a CFC is required to conduct 
     substantially all of the activities necessary for the 
     generation of income with respect to the business, which 
     generally include the following: initial solicitation of 
     customers (including vendors); advising customers on 
     financial needs, including funding and financial products; 
     providing financial and technical advice to customers; 
     designing or tailoring financial products to customers' 
     needs; negotiating terms with customers; performing credit 
     analysis on customers and evaluating noncredit risks; 
     providing related services to customers; making loans, 
     entering into leases, extending credit or entering into other 
     transactions with customers that generate income that would 
     be considered derived in the active conduct of a banking, 
     financing, or similar business; collecting from customers; 
     performing remarketing activities (including sales) following 
     termination of transactions with customers; responding to 
     customers' failure to satisfy their obligations under 
     transactions, including enforcement or renegotiation of 
     terms, liquidation of collateral, foreclosure, and/or 
     institution of litigation; and holding collateral for 
     transactions with customers.
       It is intended that the performance of back-office 
     functions (including accounting for income or loss, 
     recordkeeping, and routine communicating with customers) not 
     be taken into account in determining whether the substantial 
     activity requirement is satisfied. It also is intended that 
     the relevant activities of the business may be modified by 
     Treasury regulation to take into account future changes in 
     the operations of these businesses.
       In general, the substantial activity requirement is applied 
     based on the activities of the CFC as a whole, including the 
     activities of any QBUs of the CFC. In determining whether the 
     substantial activity requirement is satisfied, activities 
     performed in the country in which the CFC is incorporated (or 
     in the country in which the QBU has its principal office) by 
     employees of a related person of the CFC are taken into 
     account, but only to the extent that the related person is 
     compensated on an arm's-length basis for the services of such 
     employees and such compensation is includible in the related 
     person's income in such country for purposes of such 
     country's income tax laws. For this purpose, a related person 
     has the meaning provided in section 954(d)(3), substituting 
     ``at least 80 percent'' for ``more than 50 percent.''

[[Page H11533]]

     It is intended that the activities of such a related person 
     are not again taken into account in determining whether 
     another CFC or QBU (e.g., the related person) satisfies the 
     substantial activity requirement.
       Predominantly engaged requirement
       The House bill also modifies the rules for determining 
     whether a CFC is predominantly engaged in the active conduct 
     of a banking, financing, or similar business. Alternative 
     rules apply for this purpose.
       Banking or securities business.--The House bill modifies 
     the present-law application of the banking or securities 
     business tests for determining whether a CFC is predominantly 
     engaged in the active conduct of a banking, financing, or 
     similar business. Under the House bill, a CFC is considered 
     to be predominantly engaged in the active conduct of a 
     banking, financing, or similar business if it is engaged in 
     the active conduct of a banking business and is an 
     institution licensed to do business as a bank in the United 
     States (or is any other corporation not so licensed which is 
     specified in regulations). In addition, a CFC is considered 
     to be predominantly engaged in the active conduct of a 
     banking, financing, or similar business if it is engaged in 
     the active conduct of a securities business and is registered 
     as a securities broker or dealer under applicable U.S. 
     securities laws (or is any other corporation not so 
     registered which is specified in regulations). It generally 
     is intended that these requirements for the active conduct of 
     a banking or securities business be interpreted in the manner 
     provided in the regulations proposed under prior law section 
     1296(b) (as in effect prior to the enactment of the Taxpayer 
     Relief Act of 1997). See Prop. Treas. Reg. secs. 1.1296-4 and 
     1.1296-6. Specifically, it is intended that these 
     requirements include the requirements for foreign banks under 
     Prop. Treas. Reg. sec. 1.1296-4 as currently drafted. 
     However, it is not intended that these requirements be 
     considered to be satisfied by a CFC merely because it is a 
     qualified bank affiliate or a qualified securities affiliate 
     within the meaning of the proposed regulations under former 
     section 1296(b).
       Lending or finance business.--The House bill modifies the 
     present-law 70-percent test for determining whether a CFC is 
     predominantly engaged in the active conduct of a banking, 
     financing, or similar business. Under the House bill, a CFC 
     is considered to be predominantly engaged in the active 
     conduct of such business if more than 70 percent of its gross 
     income is derived directly from the active and regular 
     conduct of a lending or finance business from transactions 
     with customers which are unrelated persons. For this purpose, 
     it is intended that transactions with customers located in 
     the United States not be taken into account in determining 
     whether the 70-percent test is satisfied.
       For this purpose, a CFC is considered to be engaged in a 
     lending or finance business if it is engaged in the business 
     of: (1) making loans; (2) purchasing or discounting accounts 
     receivable, notes (including loans), or installment 
     obligations; (3) engaging in leasing (including entering into 
     leases and purchasing, servicing and disposing of leases and 
     leased assets); (4) issuing letters of credit and providing 
     guarantees; (5) providing charge and credit card services; or 
     (6) rendering services or making facilities available in 
     connection with the foregoing activities carried on by the 
     corporation rendering such services or facilities, or by 
     another corporation which is a member of the same affiliated 
     group.
       For this purpose, whether two corporations are affiliated 
     is determined by reference to section 1504 with one 
     modification: the exclusion for foreign corporations is 
     disregarded.
       Whether any portion of a CFC's gross income is derived 
     directly from the active and regular conduct of a lending or 
     finance business is determined under all the facts and 
     circumstances. Under the House bill, the Treasury Secretary 
     is granted the authority to prescribe regulations to carry 
     out the purposes of these exceptions. It is intended that 
     such authority includes the authority to prescribe rules 
     relating to this determination.
       Qualified banking or financing income exempt from subpart F
       In general.--If a CFC is treated as an eligible CFC (i.e., 
     it satisfies the substantial activity and predominantly 
     engaged requirements), the subpart F exceptions apply to 
     qualified banking or financing income of such corporation. 
     Qualified banking or financing income is defined as income 
     which is derived in the active conduct of a banking, 
     financing, or similar business by an eligible CFC or a QBU of 
     such CFC if: (1) the income is derived from transactions with 
     customers not located in the United States, (2) substantially 
     all of the activities in connection with such transactions 
     are conducted directly by the corporation or unit in its home 
     country, and (3) the income is treated as earned by such 
     corporation or unit in its home country for purposes of such 
     country's tax laws. For this purpose, income is considered to 
     be earned by a CFC or a QBU in its home country if such 
     income is sourced and allocable to such CFC or QBU in its 
     home country for purposes of such country's tax laws. In 
     addition, for this purpose, activities are considered to be 
     conducted by a CFC or QBU if such activities are performed by 
     employees of the CFC or QBU. Except as provided by 
     regulations, a CFC's home country is defined as its country 
     of creation or organization, and a QBU's home country is 
     defined as the country in which the unit maintains its 
     principal office. Moreover, income derived from transactions 
     with customers apply only to transactions with customers 
     acting in their capacity as such.
       For this purpose, it is intended that income derived by an 
     eligible CFC or QBU of such CFC from the following types of 
     activities be considered to be income derived in the 
     active conduct of a banking, financing, or similar 
     business (provided that the other requirements for these 
     exceptions are satisfied):
       (1) regularly making personal, mortgage, industrial, or 
     other loans in the ordinary course of the corporation's trade 
     or business;
       (2) factoring evidences of indebtedness for customers;
       (3) purchasing, selling, discounting, or negotiating for 
     customers notes, drafts, checks, bills of exchange, 
     acceptances, or other evidences of indebtedness;
       (4) issuing letters of credit and negotiating drafts drawn 
     thereunder for customers;
       (5) performing trust services, including as a fiduciary, 
     agent, or custodian, for customers, provided such trust 
     activities are not performed in connection with services 
     provided by a dealer in stock, securities or similar 
     financial instruments;
       (6) arranging foreign exchange transactions (including any 
     section 988 transaction within the meaning of section 
     988(c)(1)) for, or engaging in foreign exchange transactions 
     with, customers;
       (7) arranging interest rate or currency futures, forwards, 
     options or notional principal contracts for, or entering into 
     such transactions with, customers;
       (8) underwriting issues of stock, debt instruments or other 
     securities under best efforts or firm commitment agreements 
     for customers;
       (9) engaging in leasing (including entering into leases and 
     purchasing, servicing and disposing of leases and leased 
     assets);
       (10) providing charge and credit card services for 
     customers or factoring receivables obtained in the course of 
     providing such services;
       (11) providing traveler's check and money order services 
     for customers;
       (12) providing correspondent bank services for customers;
       (13) providing paying agency and collection agency services 
     for customers;
       (14) maintaining restricted reserves (including money or 
     securities) in a segregated account in order to satisfy a 
     capital or reserve requirement imposed by a local banking or 
     securities regulatory authority;
       (15) engaging in hedging activities directly related to 
     another activity described herein;
       (16) repackaging mortgages and other financial assets into 
     securities and servicing activities with respect to such 
     assets (including the accrual of interest incidental to such 
     activity);
       (17) engaging in financing activities typically provided in 
     the ordinary course by an investment bank, such as project 
     financing provided in connection with construction projects, 
     structured finance (including the extension of a loan and the 
     sale of participations or interests in the loan to other 
     financial institutions or investors), and leasing activities 
     to the extent incidental to such financing activities;
       (18) providing financial or investment advisory services, 
     investment management services, fiduciary services, or 
     custodial services;
       (19) purchasing or selling stock, debt instruments, 
     interest rate or currency futures or other securities or 
     derivative financial products (including notional principal 
     contracts) from or to customers and holding stock, debt 
     instruments and other securities as inventory for sale to 
     customers, unless the relevant securities or derivative 
     financial products are not held in a dealer capacity;
       (20) effecting transactions in securities for customers as 
     a securities broker; and
       (21) any other activity that the Secretary of the Treasury 
     determines to be a financing activity conducted by active 
     corporations in the ordinary course of their business.
       Qualified banking or financing income of an eligible CFC or 
     QBU of such CFC is determined separately for the CFC and each 
     QBU, taking into account, in the case of an eligible CFC, 
     only items of income, gain, deduction, loss or other items, 
     as well as activities, of such CFC that are not properly 
     allocable to any QBUs. Similarly, in the case of a QBU, 
     qualified banking or financing income is determined by taking 
     into account such applicable items (e.g., income and 
     activities) that are properly allocable to such QBU. Under 
     the House bill, the Treasury Secretary is granted the 
     authority to prescribe regulations to carry out the purposes 
     of these exceptions. It is intended that such authority 
     includes the authority to prescribe rules for properly 
     allocating items and activities among branches or units of a 
     CFC, and between the CFC and its branches or units.
       Income from local customer transactions.--If the 
     requirements above are satisfied, the exceptions apply to 
     income that is derived from transactions with customers 
     located in the CFC's home country. In addition, the 
     exceptions apply to income that is derived by a QBU of an 
     eligible CFC from transactions with customers located in the 
     QBU's home country.
       For example, assume that a CFC is incorporated in the 
     United Kingdom and has operations in France that constitute a 
     QBU. Also assume that the activities of the U.K. CFC's head 
     office together with the activities of

[[Page H11534]]

     the French QBU satisfy the substantial activity requirement. 
     Under the House bill, income derived by the U.K. CFC from 
     transactions with customers in the United Kingdom is eligible 
     for the exceptions if substantially all of the activities in 
     connection with the transaction are performed in the United 
     Kingdom by employees of the U.K. CFC, and the income is 
     treated as earned by the U.K. CFC in the United Kingdom for 
     U.K. income tax purposes. In addition, income derived by the 
     French QBU from transactions with customers in France is 
     eligible for the exceptions if substantially all of the 
     activities in connection with the transactions are performed 
     in France by employees of the French QBU, and the income is 
     treated as earned by the French QBU in France for French 
     income tax purposes.
       Income from cross border transactions.--If the requirements 
     above are satisfied, the exceptions also apply to income from 
     certain cross border transactions, but only if a higher 
     standard with respect to the substantial activity requirement 
     is satisfied. Under the House bill, income derived by a CFC 
     from transactions with customers not located in the CFC's 
     home country or the United States is eligible for the 
     exceptions if the CFC conducts substantial activity with 
     respect to a banking, financing, or similar business in its 
     home country. In addition, income derived by a QBU of an 
     eligible CFC from transactions with customers not located in 
     the QBU's home country or the United States is eligible for 
     the exceptions, but only if the QBU conducts substantial 
     activity with respect to such a business in its home country. 
     For this purpose, the substantial activity requirement is 
     applied by looking only at the activities of the applicable 
     CFC or QBU on a stand-alone basis. Thus, income derived by a 
     QBU from transactions with customers not located in its home 
     country (or in the United States) is eligible for the 
     exceptions if the activities of the QBU itself constitute 
     substantial activities (provided that the other requirements 
     are satisfied).
       Consider again the U.K. CFC and the French QBU. If the head 
     office of the U.K. CFC derives income from a transaction with 
     a customer in Germany, the income is eligible for the 
     exceptions if the activities of the CFC itself (without 
     regard to those of the French QBU) satisfy the substantial 
     activity requirement. Alternatively, if the French QBU 
     derives income from a transaction with a German customer, the 
     income is eligible for the exceptions if the activities of 
     the French QBU itself satisfy the substantial activity 
     requirement.
       Home country requirement for income earned with respect to 
     a lending or finance business.--In the case of a lending or 
     finance business, in addition to the requirements described 
     above, the House bill includes an additional requirement to 
     qualify for the exceptions in the case of income earned by a 
     CFC which qualifies as an eligible CFC by satisfying the 
     predominantly engaged requirement for an active lending or 
     finance business. For such an eligible CFC, income derived by 
     such CFC is eligible for the exceptions only if such CFC 
     derives more than 30 percent of its gross income directly 
     from the active and regular conduct of a lending or finance 
     business from transactions with customers that are unrelated 
     persons and that are located within the CFC's home country 
     (the ``home country'' requirement). In addition, income 
     derived by a QBU of such an eligible CFC is eligible for the 
     exceptions only if such QBU derives more than 30 percent 
     of its gross income directly from the active and regular 
     conduct of a lending or finance business from transactions 
     with customers that are unrelated persons and that are 
     located within the QBU's home country. For this purpose, 
     it is intended that transactions with customers located in 
     the United States not be taken into account.
       The home country requirement is applied on a stand-alone 
     basis to the particular CFC or QBU. Thus, the 30-percent 
     gross income test takes into account only the gross income of 
     a particular CFC (without regard to the income of its QBUs) 
     from transactions with its home-country unrelated customers. 
     Similarly, in the case of a QBU, there is taken into account 
     the gross income of the particular QBU (without regard to the 
     income of the CFC or other QBUs) from transactions with its 
     home-country unrelated customers. Accordingly, if more than 
     70 percent of the CFC's gross income is derived directly from 
     the active and regular conduct of a lending or finance 
     business from transactions with unrelated customers, and one 
     of the CFC's QBUs satisfies the home country requirement but 
     another QBU does not satisfy such requirement, income derived 
     by the QBU that satisfies the home country requirement is 
     eligible for the exceptions from subpart F (provided that the 
     other requirements are satisfied), but income derived by the 
     other QBU is not eligible for the exceptions.
       Coordination with other rules.--The House bill provides 
     that the exceptions under section 954(h) for income derived 
     in the active conduct of a banking, financing, or similar 
     business do not apply to income described in the dealer 
     exception under section 954(c)(2)(C)(ii) (described below) 
     for a dealer in securities which is an eligible CFC that 
     satisfies the predominantly engaged requirement for a 
     securities business.
       In addition, it is expected that the Treasury Department 
     and the Internal Revenue Service will issue timely guidance 
     to make currently effective conforming changes to existing 
     regulations in order to reflect the exceptions under section 
     954(h), including conforming changes to the regulations under 
     section 954(c)(3).
       Exception for securities dealers
       The House bill provides an additional exception from 
     foreign personal holding company income for certain income 
     derived by a securities dealer within the meaning of section 
     475 (the so-called ``dealer exception''). The dealer 
     exception applies to interest or dividends (or equivalent 
     amounts described in sec. 954(c)(1)(E) or (G)) from any 
     transaction (including a hedging transaction or a transaction 
     consisting of a deposit of collateral or margin described in 
     sec. 956(c)(2)(J)) entered into in the ordinary course of the 
     dealer's trade or business as such a securities dealer, but 
     only if the income is attributable to activities of the 
     dealer in the country in which the dealer is created or 
     organized (or, in the case of a QBU of the dealer, is 
     attributable to activities of the QBU in the country in which 
     the QBU both maintains its principal office and conducts 
     substantial business activity). For this purpose, income is 
     considered to be attributable to activities of the dealer in 
     its country of incorporation (or to a QBU in the country in 
     which the QBU both maintains its principal office and 
     conducts substantial business activity), if such income is 
     attributable to activities performed in such country by 
     employees of the dealer (or QBU), and such income is treated 
     as earned in such country by the dealer (or QBU) for purposes 
     of such country's tax laws. For this purpose, income is 
     considered to be earned in the country in which the dealer is 
     created or organized (or, in the case of a QBU, in the 
     country in which the QBU both maintains its principal office 
     and conducts substantial business activity), if such income 
     is sourced and allocable to such dealer (or QBU) in such 
     country for purposes of such country's tax laws. It is 
     intended that the dealer exception not apply to income from 
     transactions with persons located in the United States with 
     respect to U.S. securities. This reflects the understanding 
     that the exception from current inclusion under subpart F for 
     income earned by dealers in securities does not apply to 
     activities that would otherwise be conducted in the United 
     States. In addition, it is intended that the dealer exception 
     will apply to interest paid by customers to the dealer on 
     margin loans in connection with sales of securities (provided 
     that the other requirements of the provision are satisfied).
       Insurance income
       In general.--The House bill provides a temporary exception 
     to insurance income under section 953. For purposes of the 
     exception to insurance income, reserves for an exempt 
     insurance or annuity contract are determined in the same 
     manner as under the temporary exception, described below, for 
     foreign personal holding company income relating to certain 
     insurance contracts (sec. 954(i), as added by the House 
     bill). For purposes of these provisions, reserves are 
     intended to include discounted unpaid losses or losses 
     incurred, as appropriate, for property and casualty 
     contracts.
       Operation of the exception.--The House bill provides an 
     exception from insurance income for income derived by a 
     qualifying insurance company that is attributable to the 
     issuing (or reinsuring) of an exempt contract by the 
     qualifying insurance company or a qualifying insurance 
     company branch of such a company, and that is treated as 
     earned by the company or branch in that company's, or 
     branch's, home country for purposes of that country's tax 
     laws. The exception from insurance income does not apply to 
     income attributable to the issuing (or reinsuring) of an 
     exempt contract as the result of any arrangement whereby 
     another corporation receives a substantially equal amount of 
     premiums or other consideration in respect of issuing (or 
     reinsuring a contract that is not an exempt contract). An 
     exempt contract is an insurance or annuity contract issued or 
     reinsured by a qualifying insurance company or qualified 
     insurance company branch in connection with property in, 
     liability arising out of activity in, or the lives or health 
     of residents of, a country other than the United States.
       No contract is treated as an exempt contract unless the 
     qualifying insurance company or branch derives more than 30 
     percent of its net written premiums from exempt contracts 
     (determined without regard to this sentence) covering 
     applicable home country risks, and with respect to which no 
     policyholder, insured, annuitant, or beneficiary is a related 
     person (within the meaning of sec. 954(d)(3)). Applicable 
     home country risks are risks in connection with property in, 
     liability arising out of activity in, or the lives or health 
     of residents of, the home country of the qualifying insurance 
     company or branch, as the case may be. In all cases, the 30-
     percent test is applied on a unit-by-unit basis. Accordingly, 
     income derived by a qualifying insurance company branch of a 
     CFC qualifies only if such branch alone satisfies the 30-
     percent test (without regard to the net written premiums of 
     any other branch). Income derived by the CFC qualifies only 
     if the CFC alone satisfies the 30-percent test without regard 
     to the net written premiums of any other unit or branch of 
     the CFC.
       When determinations under the House bill are made 
     separately with respect to a qualifying insurance company and 
     its qualifying insurance company branch or branches, then in 
     the case of the qualifying insurance company, only income, 
     gain, or loss and activities of the company not properly 
     allocable or

[[Page H11535]]

     attributable to any qualifying insurance company branch are 
     taken into account. In the case of a qualifying insurance 
     company branch, only income, gain, or loss and activities of 
     the branch that are properly allocable or attributable to it 
     are taken into account. Under the House bill, the Treasury 
     Secretary is granted the authority to carry out the purposes 
     of these exceptions. It is intended that such authority 
     includes the authority to prescribe rules for properly 
     allocating items and activities among branches or units of a 
     CFC, and among the CFC and its branches or units.
       The home country of a CFC is the country in which the CFC 
     is created or organized. The home country of a qualified 
     business unit that is a qualifying insurance company branch 
     of a qualifying insurance company means the country in which 
     the principal office of such unit is located and in which 
     such unit is licensed, authorized, or regulated by the 
     applicable insurance regulatory body to sell insurance, 
     reinsurance or annuity contracts to persons other than 
     related persons (within the meaning of sec. 954(d)(3)) in 
     that country.
       Qualifying insurance company.--A qualifying insurance 
     company is a CFC that meets the following requirements, which 
     are intended to distinguish firms that have a real business 
     nexus with a foreign country or countries from firms that do 
     not. The first requirement is that the CFC be subject to 
     regulation as an insurance (or reinsurance) company by its 
     home country, and that the CFC be licensed, authorized, or 
     regulated by the applicable insurance regulatory body for its 
     home country to sell insurance, reinsurance, or annuity 
     contracts to persons other than related persons (within the 
     meaning of section 954(d)(3)) in its home country.
       The second requirement is that the CFC derive more than 50 
     percent of its aggregate net written premiums from the 
     insurance or reinsurance by the CFC (on an aggregate basis, 
     including qualifying insurance company branches) covering 
     applicable home country risks (as described above) of the CFC 
     or branch, as the case may be. For purposes of this rule, if 
     a policyholder, insured, annuitant, or beneficiary is a 
     related person, then the contract is treated as not covering 
     home country risks. A related person has the meaning set 
     forth in section 954(d)(3). In the case of a qualifying 
     insurance company branch, premiums are taken into account 
     under this second requirement only to the extent that the 
     premiums are treated as earned by the branch in its home 
     country for purposes of that country's tax laws.
       The 50-percent test applies on an aggregate basis. For 
     example, assume that a German CFC has a branch in France and 
     a branch in Italy. Assume that $50 of net written premiums 
     are properly allocable to the Italian branch, $100 of net 
     written premiums are properly allocable to the French branch, 
     and $100 of net written premiums are properly allocable to 
     the CFC in Germany. For the Italian branch, assume $20 of the 
     $50, or 40 percent, is from home country risks. For the 
     French branch, assume that $80 of the $100, or 80 percent, is 
     from home country risks. For the CFC in Germany, assume that 
     $60 of the $100, or 60 percent, is from home country risks. 
     Taking into account the respective amounts and percentages, 
     the CFC has 64 percent of its net written premiums from home 
     country risks on an aggregate basis.
       The third requirement is that the CFC be engaged in the 
     insurance business and that it would be subject to tax under 
     subchapter L if it were a domestic corporation. A CFC is 
     considered to be engaged in the insurance business, within 
     the meaning of this provision of the House bill, if it 
     operates in a manner consistent with the operation of other 
     bona fide commercial insurance companies that sell insurance 
     products to unrelated parties in its home country, and 
     conducts managerial activities in that country with respect 
     to the major functions of the insurance business. A factor, 
     among others, that could be considered in determining whether 
     it conducts managerial activities in its home country with 
     respect to the major functions of the insurance business may 
     be whether in its home country it exercises key decision 
     making in determining business strategy with respect to the 
     major functions of the insurance business. For purposes of 
     the requirement that the CFC be engaged in the insurance 
     business, activities performed in the home country of the CFC 
     by employees of the CFC and of a related person are taken 
     into account, to the extent that the related person is 
     compensated on an arm's-length basis for the services of such 
     employees and such compensation is includible in the related 
     person's income in such country for purposes of that 
     country's tax laws. For this purpose, a related person has 
     the meaning provided in section 954(d)(3), substituting ``at 
     least 80 percent'' for ``more than 50 percent.'' In 
     determining whether a CFC is engaged in the insurance 
     business, for example, an entity that is not engaged in 
     regular and continuous transactions with persons that are not 
     related persons (as described in the anti-abuse rules) is not 
     considered as engaged in the insurance business.
       Qualifying insurance company branch--A qualifying insurance 
     company branch is a qualified business unit of a CFC that 
     meets two requirements. A qualified business unit means any 
     separate and clearly identified unit of a trade or business 
     of a taxpayer which maintains separate books and records 
     (within the meaning of sec. 989(a)). The first requirement is 
     that the unit be licensed, authorized, or regulated by the 
     applicable insurance regulatory body for its home country to 
     sell insurance, reinsurance or annuity contracts to persons 
     other than related persons (within the meaning of sec. 
     954(d)(3)) in that country. It is intended that the 
     applicable insurance regulatory body be the regulatory 
     body that has the authority to license, authorize, or 
     regulate with respect to the insurance business in the 
     country where the branch is located and a branch that is 
     regulated by such a body be considered to be regulated in 
     the country where the branch is located. The second 
     requirement is that the CFC (of which the branch is a 
     unit) be a qualifying insurance company, taking the unit 
     into account for purposes of the applicable tests (above) 
     as if it were a qualifying insurance company branch.
       Additional requirements in the case of cross border risks
       The House bill imposes additional requirements with respect 
     to any contract that covers cross border risks (that is, 
     risks other than applicable home country risks), due to the 
     increased concern about mobility of income in cross border 
     business. A contract issued by a qualifying insurance company 
     or qualifying insurance company branch that covers risks 
     other than applicable home country risks is not treated as an 
     exempt contract unless such company or branch, as the case 
     may be, (1) conducts substantial activity in its home country 
     with respect to the insurance business, and (2) performs in 
     its home country substantially all of the activities 
     necessary to give rise to the income generated by the 
     contract.
       Whether a CFC or unit thereof is considered to perform in 
     its home country substantial activities with respect to the 
     insurance business is determined under all the facts and 
     circumstances. It is intended that as part of this facts and 
     circumstances analysis in determining whether the activities 
     conducted by the CFC or unit are substantial, all relevant 
     factors are taken into account, including the overall size of 
     the CFC or unit, the amount of its revenues and expenses, the 
     number of its employees, the ratio of its revenues per 
     employee, the amount of property it owns, and the nature, 
     size and relative significance of the applicable activities 
     conducted by the CFC or unit. Under the House bill, the 
     Treasury Secretary is granted the authority to carry out the 
     purposes of these exceptions. It is intended that such 
     authority includes the authority to prescribe regulations 
     relating to whether a CFC or unit is considered to conduct 
     substantial activity.
       It also is intended that as part of this facts and 
     circumstances analysis, a CFC or unit is required to conduct 
     substantially all of the activities necessary for the 
     generation of income with respect to the insurance business. 
     Such activities of an insurance business generally depend on 
     the line of business, and could include: designing or 
     tailoring insurance products to meet market or customer 
     requirements; performing actuarial analysis with respect to 
     insurance products; determining investment options for 
     separate account-type products; performing underwriting 
     functions with respect to insurance products; performing 
     analysis for purposes of risk assessment; performing analysis 
     for purposes of setting premium rates; performing analysis 
     for purposes of calculating reserves; performing claims 
     management and adjustment functions; developing marketing 
     strategies, advertising and other public image activities; 
     making (or arranging for) sales to customers; maintaining 
     reserves and surplus (other than excess surplus); making (or 
     arranging for) investments; and collecting from customers.
       It further is intended that the performance of back-office 
     functions (including accounting for income or loss, 
     recordkeeping, and routine communicating with customers) not 
     be taken into account in determining whether the substantial 
     activity requirement is satisfied. It also is intended that 
     the relevant activities of the business may be modified by 
     Treasury regulation to take into account the actual operation 
     of lines of insurance business and future changes in the 
     operation of lines of insurance business.
       It further is intended that activities performed in the 
     CFC's or unit's home country by employees of a related person 
     (within the meaning of sec. 954(d)(3), substituting ``at 
     least 80 percent'' for ``more than 50 percent'') be taken 
     into account, to the extent that the related person is 
     compensated on an arm's-length basis for the services of such 
     employees and such compensation is includible in the related 
     person's income in that country for purposes of such 
     country's tax laws. It also is intended that the activities 
     of such a related person are not again taken into account in 
     determining whether another CFC or unit (e.g., the related 
     person) satisfies the substantial activity requirement.
       In addition, with respect to a contract issued by a 
     qualifying insurance company or qualifying insurance company 
     branch that covers risks other than applicable home country 
     risks, the qualifying insurance company or qualifying 
     insurance company branch is required to perform in its home 
     country substantially all of the activities necessary to give 
     rise to the income generated by the contract.
       Foreign personal holding company income with respect to 
           insurance
       The House bill provides a temporary exception from foreign 
     personal holding company income for certain investment income 
     derived by a qualifying insurance company and by certain 
     qualifying insurance company branches.

[[Page H11536]]

       The exception applies to income (received from a person 
     other than a related person) from investments made by a 
     qualifying insurance company or qualifying insurance company 
     branch of its reserves allocable to exempt contracts or 80 
     percent of its unearned premiums from exempt contracts. For 
     this purpose, an exempt contract has the meaning provided 
     under the House bill.
       In the case of exempt contracts that are property, 
     casualty, or health insurance contracts, unearned premiums 
     and reserves mean unearned premiums and reserves for losses 
     incurred determined using the methods and interest rates that 
     would be used if the qualifying insurance company or 
     qualifying insurance company branch were subject to tax under 
     subchapter L of the Code, with certain modifications. For 
     this purpose, unearned premiums and losses incurred are 
     determined in accordance with section 832(b) and 846 of the 
     Code (as well as any other rules applicable to a U.S. 
     property and casualty insurance company with respect to such 
     amounts). However, in applying these rules, there is 
     substituted for the applicable Federal interest rate the 
     interest rate determined for the functional currency of the 
     company or branch and which (except as provided by the 
     Treasury Secretary) is calculated in the same manner as the 
     Federal mid-term rate under section 1274(d). In addition, 
     there is substituted for the loss payment pattern under 
     section 846 the appropriate foreign loss payment pattern 
     determined by the Treasury Secretary for the line of 
     business. In the case of health insurance contracts, it is 
     intended that appropriate foreign mortality and morbidity 
     tables be used for this purpose. In the case of disability 
     contracts (other than credit disability) which are subject to 
     section 846(f)(6)(A), it is intended that mortality and 
     morbidity tables reasonably reflect appropriate experience 
     and foreign mortality and morbidity factors.
       In the case of an exempt contract that is a life insurance 
     or annuity contract, reserves for such contracts are 
     determined as follows. The reserves equal the greater of: (1) 
     the net surrender value of the contract (as defined in 
     section 807(e)(1)(A)), including in the case of pension plan 
     contracts; or (2) the amount determined by applying the tax 
     reserve method that would apply if the qualifying insurance 
     company were subject to tax under Subchapter L of the Code, 
     with the following modifications. First, there is substituted 
     for the applicable Federal interest rate an interest rate 
     determined for the functional currency of the qualifying 
     insurance company's home country, calculated (except as 
     provided by the Treasury Secretary in order to address 
     insufficient data and similar problems) in the same manner as 
     the mid-term applicable Federal interest rate (``AFR'') 
     (within the meaning of section 1274(d)). Second, there is 
     substituted for the prevailing State assumed rate the highest 
     assumed interest rate permitted to be used for purposes of 
     determining statement reserves in the foreign country for the 
     contract. Third, in lieu of U.S. mortality and morbidity 
     tables, there is applied mortality and morbidity tables that 
     reasonably reflect the current mortality and morbidity risks 
     in the foreign country. Fourth, the Treasury Secretary may 
     provide that the interest rate and mortality and morbidity 
     tables of a qualifying insurance company may be used for one 
     or more of its branches when appropriate.
       In no event may the reserve for any contract at any time 
     exceed the foreign statement reserve for the contract, 
     reduced by any catastrophe, equalization, or deficiency 
     reserve or any similar reserve. In the case of a contract 
     that is a property, casualty, or health insurance contract, 
     it is intended that this limitation applies with respect to 
     unpaid losses by line of business (similar to sec. 
     846(a)(3)). These rules apply whether the contract is 
     regulated as a property, casualty, health, life insurance, 
     annuity, or any other type of contract.
       The House bill also provides an exception from foreign 
     personal holding company income for income from investment of 
     assets equal to (1) one-third of premiums earned during the 
     taxable year on exempt contracts regulated in the country in 
     which sold as property, casualty, or health insurance 
     contracts, and (2) 10 percent of reserves (determined for 
     purposes of the provision) for contracts regulated in the 
     country in which sold as life insurance or annuity contracts. 
     In no event does the exception from foreign personal holding 
     company income apply to investment income with respect to 
     excess surplus.
       To prevent the shifting of relatively high-yielding assets 
     to generate investment income that qualifies under this 
     temporary exception, the House bill provides that, except as 
     provided by the Treasury Secretary, income is allocated to 
     contracts as follows. In the case of a separate account-type 
     contract (including a variable contract not meeting the 
     requirements of section 817), the income credited under the 
     contract is allocable only to that contract. Income not so 
     allocated generally is allocated ratably among all contracts 
     that are not separate account-type contracts, subject to the 
     anti-abuse rules (described below).
       Other definitions and anti-abuse rules relating to 
           insurance
       The House bill provides that the present-law statutory 
     definition of a life insurance contract (under secs. 7702 or 
     101(f)), as well as the distribution on death requirement of 
     section 72(s) and the diversification requirement of section 
     817(h), do not apply for purposes of determining reserves for 
     a life insurance or annuity contract under sections 953 and 
     954 of the Code, provided that neither the policyholders, the 
     insureds or annuitants, nor the beneficiaries with respect to 
     the contract are U.S. persons.
       The House bill provides a rule coordinating the exception 
     to insurance income with the present-law special rule for 
     certain captive insurance companies (sec. 953(c)). Under the 
     coordination rule, the scope of the present-law rule that 
     related party insurance income is treated as subpart F income 
     is retained. The exception under the House bill from the 
     definition of insurance income does not include income 
     derived from exempt contracts that cover risks other than 
     applicable home country risks, for purposes of the rules of 
     section 953(c).
       The anti-abuse rules applicable under the subpart F 
     exceptions provided in section 954(h) (other than sec. 
     954(h)(7)(B)) (as added by the House bill) apply to these 
     exceptions for insurance. In addition, the House bill 
     provides anti-abuse rules applicable under the exceptions 
     from subpart F income relating to insurance.
       The House bill provides that there shall be disregarded any 
     item of income, gain, loss, or deduction of, or derived from, 
     an entity which is not engaged in regular and continuous 
     transactions with persons that are not related persons. This 
     rule is intended, for example, to address the use of fronting 
     companies or similar entities (that are not engaged in 
     regular and continuous transactions with persons that are not 
     related persons) to reinsure risks in a manner to cause a CFC 
     or branch to qualify as a qualifying insurance company or 
     qualifying insurance company branch by meeting percentage 
     requirements with respect to home country risks that it would 
     not otherwise meet.
       The House bill provides that there shall be disregarded any 
     change in the method of computing reserves or any other 
     transaction or transactions one of the principal purposes of 
     which is the acceleration or deferral of any item in order to 
     claim the benefits of these exceptions.
       The House bill also provides that a contract is not treated 
     as an exempt contract (as described above), if any 
     policyholder, insured or annuitant, or beneficiary is a 
     resident of the United States, the contract was marketed to 
     the U.S. resident, and was written to cover a risk outside 
     the United States.
       The House bill also provides that a contract is not treated 
     as an exempt contract, if the contract covers risks located 
     both within and outside the United States, and the qualifying 
     insurance company or branch does not maintain such records, 
     and file such reports, with respect to the contract as the 
     Treasury Secretary requires. It is intended that 
     documentation that is contemporaneous with the issuance of 
     the contract be maintained by the qualifying insurance 
     company or branch.
       The House bill also provides that the Treasury Secretary 
     may prescribe rules for the allocation of contracts (and 
     income from contracts) among two or more qualifying insurance 
     company branches of a qualifying insurance company in order 
     to clearly reflect the income of such branches.
       The House bill also provides that premiums from a contract 
     are treated as not covering home country risks (and are 
     treated as covering risks other than home country risks) for 
     purposes of the tests for 30 percent and 50 percent, 
     respectively, of net written premiums if the contract 
     reinsures a contract issued or reinsured by a related person 
     (within the meaning of sec. 954(d)(3)).
       The House bill also provides that the Treasury Secretary 
     may prescribe regulations as may be necessary or appropriate 
     to carry out the purposes of the exceptions from insurance 
     income and foreign personal holding company income provided 
     under sections 953(e) and 954(i) (as added by the House 
     bill).
       Other anti-abuse rules
       The House bill generally includes the anti-abuse rules of 
     the present-law provision, with certain further refinements. 
     Under the House bill, the anti-abuse rules provide that items 
     with respect to a transaction or series of transactions are 
     disregarded if one of the principal purposes of the 
     transaction or transactions is to qualify income or gain for 
     these exceptions, including any transaction or a series of 
     transactions a principal purpose of which is the acceleration 
     or deferral of any item in order to claim the benefits of 
     these exceptions. In addition, the anti-abuse rules provide 
     that items of an entity which is not engaged in regular and 
     continuous transactions with customers which are not related 
     persons are disregarded. Moreover, items with respect to a 
     transaction or series of transactions are disregarded if one 
     of the principal purposes of the transaction or transactions 
     is to qualify income or gain for these exceptions, including 
     utilizing or doing business with: (1) one or more entities in 
     order to satisfy any home country requirement, or (2) a 
     special purpose entity or arrangement, including a 
     securitization or financing arrangement or any similar entity 
     or arrangement. Finally, the anti-abuse rules provide that a 
     related person, officer, director, or employee with respect 
     to any CFC (or QBU) which otherwise would be treated as a 
     customer of such corporation or unit with respect to any 
     transaction is not treated as a customer, if a principal 
     purpose of such transaction is to satisfy any requirement for 
     these exceptions.

[[Page H11537]]

       Sale of assets of an active financing business
       The House bill includes a modification to address the 
     treatment of sales of assets of an active financing business. 
     In general, foreign personal holding company income includes 
     net gains from the sale or exchange of property that gives 
     rise to dividends, interest, royalties, rents, or annuities. 
     The House bill provides an exception from this rule for 
     income that qualifies for the exception from subpart F for 
     income derived in the active conduct of a banking, financing, 
     or similar business. Under the House bill, foreign personal 
     holding company income does not include net gains from the 
     sale or exchange of property that gives rise to dividends, 
     interest, royalties, rents, or annuities if such property 
     gives rise to income not treated as foreign personal holding 
     company income for the taxable year by reason of the 
     exceptions under section 954(h) or (i) (as added by the House 
     bill) for income derived in the active conduct of a banking, 
     financing, or similar business or in the conduct of an 
     insurance business. It is intended that this exception 
     applies only to the extent that, prior to its disposition, 
     the property was held to generate or generated income which 
     qualifies for the exceptions under section 954(h) or (i) (and 
     such property was not so held for a principal purpose of 
     taking advantage of such exception).
       Exceptions from foreign base company services income
       The present-law provision includes a corresponding 
     exception from foreign base company services income for 
     income derived by a CFC from the performance of services that 
     are directly related to a transaction entered into by the CFC 
     that gives rise to income that is eligible for these 
     exceptions from subpart F. Under the House bill, foreign base 
     company services income does not include income that is not 
     treated as foreign personal holding company income by reason 
     of the exceptions under section 954(h) or 954(i) or the 
     securities dealer exception under section 954(c)(2)(C)(ii), 
     or treated as exempt insurance income by reason of section 
     953(e) (as added by the House bill).
       Other matters
       Nothing in this provision is intended to alter the Treasury 
     Department's agreement, as reflected in Notice 98-35, not to 
     finalize regulations regarding so-called hybrid entities 
     prior to January 1, 2000, in order to allow Congress the 
     opportunity to fully consider the tax policy issues involved.
       Effective date
       The provision applies only to taxable years of foreign 
     corporations beginning in 1999, and to taxable years of U.S. 
     shareholders with or within which such taxable years of 
     foreign corporations end.
     Senate Amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that extends for one 
     year the present-law temporary exceptions from foreign 
     personal holding company income and foreign base company 
     services income for income that is derived in the active 
     conduct of a banking, financing, insurance or similar 
     business.
       Effective date.--The provision applies only to the first 
     full taxable year of a foreign corporation beginning in 1998 
     and to the taxable year of such corporation immediately 
     following such first full taxable year, and to taxable years 
     of U.S. shareholders with or within which such taxable years 
     of such foreign corporation end. If a foreign corporation 
     does not have such a first full taxable year beginning in 
     1998, the provision applies only to the first taxable year of 
     the foreign corporation beginning in 1999, and to taxable 
     years of U.S. shareholders with or within which such taxable 
     year of such foreign corporation ends.
     Conference Agreement
       The conference agreement follows the House bill.

   F. Disclosure of Return Information to Department of Education in 
                Connection with Income Contingent Loans


(sec. 106 of the house bill, sec. 107 of S. 2622, and sec. 6103(l)(13) 
                              of the Code)

     Present Law
       Under section 6103(l)(13) of the Code, the Secretary of 
     Treasury was authorized to disclose to the Department of 
     Education certain return information with respect to any 
     taxpayer who has received an ``applicable student loan.'' An 
     ``applicable student loan'' is any loan made under (1) part D 
     of title IV of the Higher Education Act of 1965 or (2) parts 
     B or E of title IV of the Higher Education Act of 1965 which 
     is in default and has been assigned to the Department of 
     Education, if the loan repayment amounts are based in whole 
     or in part on the taxpayer's income. The Secretary is 
     permitted to disclose only taxpayer identity information and 
     the adjusted gross income of the taxpayer. The Department of 
     Education may use the information only to establish the 
     appropriate income contingent repayment amount for an 
     applicable student loan.
       The disclosure authority under section 6103(l)(13) 
     terminated with respect to requests made after September 30, 
     1998.
     House Bill
       The House bill reinstates the disclosure authority under 
     section 6103(l)(13) with respect to requests made after the 
     date of enactment and before October 1, 2003.
       Effective date.--The disclosure authority under section 
     6103(l)(13) applies to requests made after the date of 
     enactment and before October 1, 2003.
     Senate Amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that is similar to 
     the provision contained in the House bill. S. 2622 reinstates 
     the disclosure authority under section 6103(l)(13) with 
     respect to requests made after the date of enactment and 
     before October 1, 2004.
     Conference Agreement
       The conference agreement follows the House bill.

                      Subtitle B--Trade Provisions

         A. Extension of the Generalized System of Preferences


                (sec. 111 of the house bill and s. 2622)

       Present Law
       Title V of the Trade Act of 1974, as amended, grants 
     authority to the President to provide duty-free treatment on 
     imports of certain articles from beneficiary developing 
     countries subject to certain conditions and limitations. To 
     qualify for GSP privileges, each beneficiary country is 
     subject to various mandatory and discretionary eligibility 
     criteria. Import sensitive products are ineligible for GSP. 
     The GSP program, which is designed to promote development 
     through trade rather than traditional aid programs, expired 
     after June 30, 1998.
     House Bill
       The House bill reauthorizes the GSP program to terminate 
     after December 31, 1999. Refunds are authorized, upon request 
     of the importer, for duties paid between July 1, 1998, and 
     the date of enactment of the bill.
       Effective date.--The House bill provision is effective for 
     duties paid on or after July 1, 1998, and before January 1, 
     2000.
     Senate Amendment
       No provision. However, a provision contained in S. 2622, as 
     introduced by Senators Roth and Moynihan, is the same as the 
     House bill.
     Conference Agreement
       The conference agreement is the same as the House bill and 
     S. 2622, except that it reauthorizes the GSP program through 
     June 30, 1999.
       Effective date.--The provision is effective for duties paid 
     on or after July 1, 1998, and before July 1, 1999.

        B. Extension of the Trade Adjustment Assistance Program


                         (sec. 112 of S. 2622)

     Present Law
       Title II of the Trade Act of 1974, as amended, authorizes 
     three trade adjustment assistance (TAA) programs for the 
     purpose of providing assistance to individual workers and 
     firms that are adversely affected by the reduction of 
     barriers to foreign trade. Those programs include--
       (1) The general TAA program for workers provides training 
     and income support for workers adversely affected by import 
     competition.
       (2) The TAA program for firms provides technical assistance 
     to qualifying firms.
       (3) The third program, the North American Free Trade 
     Agreement (``NAFTA'') program for workers (established by the 
     North American Free Trade Agreement Implementation Act of 
     1993) provides training and income support for workers 
     adversely affected by trade with or production shifts to 
     Canada and/or Mexico.
       All three TAA programs expired on September 30, 1998. The 
     TAA program for firms is also subject to annual 
     appropriations.
     House Bill
       No provision.
     Senate Amendment
       No provision. However, a provision of S. 2622, as 
     introduced by Senators Roth and Moynihan, reauthorizes each 
     of the three TAA programs through June 30, 1999.
       Effective date.--The provision is effective on the date of 
     enactment.
     Conference Agreement
       The conference agreement reauthorizes the three TAA 
     programs through June 30, 1999.
       Effective date.--The provision is effective on the date of 
     enactment.

                       TITLE II. OTHER PROVISIONS

             Subtitle A--Provisions Relating to Individuals

A. Personal Credits Fully Allowed Against Regular Tax Liability During 
                                  1998


             (sec. 204 of s. 2622 and sec. 26 of the code)

     Present Law
       Present law provides for certain nonrefundable personal tax 
     credits (i.e., the dependent care credit, the credit for the 
     elderly and disabled, the adoption credit, the child tax 
     credit, the credit for interest on certain home mortgages, 
     the HOPE Scholarship and Lifetime Learning credits, and the 
     D.C. homebuyer's credit). Generally, these credits are 
     allowed only to the extent that the individual's regular 
     income tax liability exceeds the individual's tentative 
     minimum tax (determined without regard to the AMT foreign tax 
     credit).
       The tentative minimum tax is an amount equal to (1) 26 
     percent of the first $175,000 ($87,500 in the case of a 
     married individual filing a separate return) of alternative 
     minimum taxable income (``AMTI'') in excess of a phased-out 
     exemption amount and (2) 28 percent of the remaining AMTI. 
     The maximum tax rates on net capital gain used in computing 
     the tentative minimum tax are the same

[[Page H11538]]

     as under the regular tax. AMTI is the individual's taxable 
     income adjusted to take account of specified preferences and 
     adjustments. The exemption amounts are: (1) $45,000 in the 
     case of married individuals filing a joint return and 
     surviving spouses; (2) $33,750 in the case of other unmarried 
     individuals; and (3) $22,500 in the case of married 
     individuals filing a separate return, estates and trusts. The 
     exemption amounts are phased out by an amount equal to 25 
     percent of the amount by which the individual's AMTI exceeds 
     (1) $150,000 in the case of married individuals filing a 
     joint return and surviving spouses, (2) $112,500 in the case 
     of other unmarried individuals, and (3) $75,000 in the case 
     of married individuals filing separate returns or an estate 
     or a trust. These amounts are not indexed for inflation.
       For families with three or more qualifying children, an 
     additional child credit is provided which may offset the 
     liability for social security taxes to the extent that tax 
     liability exceeds the amount of the earned income credit. The 
     additional child credit is reduced by the amount of the 
     individual's minimum tax liability (i.e., the amount by which 
     the tentative minimum tax exceeds the regular tax liability).
     House Bill
       No provision.
     Senate Amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that allows the 
     nonrefundable personal credits to offset the individual's 
     regular tax in full for taxable years beginning in 1998 (as 
     opposed to only the amount by which the regular tax exceeds 
     the tentative minimum tax, as under present law).
       In addition, the provision of present law that reduces the 
     additional child credit by the amount of an individual's AMT 
     does not apply for taxable years beginning in 1998.
       Effective date.--The provisions apply to taxable years 
     beginning in 1998.
     Conference Agreement
       The conference agreement contains the provisions in S. 
     2622.

 B. Increase Deduction for Health Insurance Expenses of Self-Employed 
                              Individuals


(sec. 203 of the House bill, sec. 201 of S. 2622, and sec. 162(l)(1) of 
                               the Code)

     Present law
       Under present law, self-employed individuals are entitled 
     to deduct a portion of the amount paid for health insurance 
     for the self-employed individual and the individual's spouse 
     and dependents. The deduction for health insurance expenses 
     of self-employed individuals is not available for any month 
     in which the taxpayer is eligible to participate in a 
     subsidized health plan maintained by the employer of the 
     taxpayer or the taxpayer's spouse. The deduction is available 
     in the case of self insurance as well as commercial 
     insurance. The self-insured plan must in fact be insurance 
     (e.g., there must be appropriate risk shifting) and not 
     merely a reimbursement arrangement.
       The portion of health insurance expenses of self-employed 
     individuals that is deductible is 45 percent for taxable 
     years beginning in 1998 and 1999, 50 percent for taxable 
     years beginning in 2000 and 2001, 60 percent for taxable 
     years beginning in 2002, 80 percent for taxable years 
     beginning in 2003, 2004, and 2005, 90 percent for taxable 
     years beginning in 2006, and 100 percent for taxable years 
     beginning in 2007 and thereafter.
       Under present law, employees can exclude from income 100 
     percent of employer-provided health insurance.
     House bill
       The House bill increases the deduction for health insurance 
     expenses of self-employed individuals to 100 percent for 
     taxable years beginning in 2003 and later.
       Effective date.--The House bill provision is effective for 
     taxable years beginning after December 31, 2002.
     Senate amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, increases the deduction for health 
     insurance of self-employed individuals to 70 percent for 
     taxable years beginning in 2001 and to 100 percent for 
     taxable years beginning in 2002 and thereafter.
       Effective date.--The provision in S. 2622 is effective for 
     taxable years beginning after December 31, 2000.
     Conference agreement
       The conference agreement increases the deduction for health 
     insurance expenses of self-employed individuals to 60 percent 
     for taxable years beginning in 1999 through 2001, to 70 
     percent for taxable years beginning in 2002, and to 100 
     percent for taxable years beginning in 2003 and thereafter.
       Effective date.--The provision is effective for taxable 
     years beginning after December 31, 1998.

        C. Modification of Individual Estimated Tax Safe Harbors


         (sec. 205 of the House bill and sec. 6654 of the Code)

     Present law
       Under present law, an individual taxpayer generally is 
     subject to an addition to tax for any underpayment of 
     estimated tax. An individual generally does not have an 
     underpayment of estimated tax if he or she makes timely 
     estimated tax payments at least equal to: (1) 100 percent of 
     the tax shown on the return of the individual for the 
     preceding year (the ``100 percent of last year's liability 
     safe harbor'') or (2) 90 percent of the tax shown on the 
     return for the current year. The 100 percent of last year's 
     liability safe harbor is generally modified to be a 110 
     percent of last year's liability safe harbor for any 
     individual with an AGI of more than $150,000 as shown on the 
     return for the preceding taxable year, except that it is 105 
     percent of last year's liability for taxable years beginning 
     in 1999, 2000, and 2001, and 112 percent of last year's 
     liability for taxable years beginning in 2002. If a married 
     individual files a separate return for the year for which an 
     estimated tax installment payment was due, the $150,000 
     amount becomes $75,000.
     House bill
       For taxable years beginning in 2000 and 2001, the 105 
     percent of last year's liability safe harbor for any 
     individual with an AGI of more than $150,000 as shown on the 
     return for the preceding taxable year is modified to be a 106 
     percent of last year's liability safe harbor.
       Effective date.--The provision is effective for taxable 
     years beginning in 2000 and 2001.
     Senate amendment
       No provision.
     Conference agreement
       The conference agreement follows the House bill.

               Subtitle B--Provisions Relating to Farmers

         A. Permanent Extension of Income Averaging for Farmers


(sec. 103 of the House bill, sec. 203 of S. 2622, and sec. 1301 of the 
                                 Code)

     Present law
       An individual engaged in a farming business may elect to 
     compute his or her current year tax liability by averaging, 
     over the prior three-year period, all or a portion of the 
     taxable income that is attributable to the farming business.
       In general, an individual who makes the election (1) 
     designates all or a portion of his or her taxable income 
     attributable to any farming business from the current year as 
     ``elected farm income;'' \7\ (2) allocates one-third of the 
     elected farm income to each of the three prior taxable years; 
     and (3) determines the current year section 1 tax liability 
     by combining (a) his or her current year section 1 tax 
     liability excluding the elected farm income allocated to the 
     three prior taxable years, plus (b) the increases in the 
     section 1 tax liability for each of the three prior taxable 
     years caused by including one-third of the elected farm 
     income in each such year. Any allocation of elected farm 
     income pursuant to the election applies for purposes of any 
     election in a subsequent taxable year.
---------------------------------------------------------------------------
     \7\ The amount of elected farm income of a taxpayer for a 
     taxable year may not exceed the taxable income attributable 
     to any farming business for the year.
---------------------------------------------------------------------------
       The provision does not apply for employment tax purposes, 
     or to an estate or a trust. The provision also does not apply 
     for purposes of the alternative minimum tax. The provision is 
     effective for taxable years beginning after December 31, 
     1997, and before January 1, 2001.
     House bill
       The provision permanently extends the income averaging 
     provision for farmers.
       Effective date.-The provision is effective for taxable 
     years beginning after December 31, 2000.
     Senate amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that is the same as 
     the provision contained in the House bill.
     Conference agreement
       The conference agreement follows the House bill.

            B. Farm Production Flexibility Contract Payments


                (sec. 202 of the house bill and s. 2622)

     Present law
       A taxpayer generally is required to include an item in 
     income no later than the time of its actual or constructive 
     receipt, unless such amount properly is accounted for in a 
     different period under the taxpayer's method of accounting. 
     If a taxpayer has an unrestricted right to demand the payment 
     of an amount, the taxpayer is in constructive receipt of that 
     amount whether or not the taxpayer makes the demand and 
     actually receives the payment.
       The Federal Agriculture Improvement and Reform Act of 1996 
     (the ``FAIR Act'') provides for production flexibility 
     contracts between certain eligible owners and producers and 
     the Secretary of Agriculture. These contracts generally cover 
     crop years from 1996 through 2002. Annual payments are made 
     under such contracts at specific times during the Federal 
     government's fiscal year. Section 112(d)(2) of the FAIR Act 
     provides that one-half of each annual payment is to be made 
     on either December 15 or January 15 of the fiscal year, at 
     the option of the recipient.\8\ This option to receive the 
     payment on December 15 potentially results in the 
     constructive receipt (and thus potential inclusion in income) 
     of one-half of the annual payment at that time, even if the 
     option to receive the amount on January 15 is elected.
---------------------------------------------------------------------------
     \8\ This rule applies to fiscal years after 1996. For fiscal 
     year 1996, this payment was to be made not later than 30 days 
     after the production flexibility contract was entered into.
---------------------------------------------------------------------------
       The remaining one-half of the annual payment must be made 
     no later than September

[[Page H11539]]

     30 of the fiscal year. The Emergency Farm Financial Relief 
     Act of 1998 added section 112(d)(3) to the FAIR Act which 
     provides that all payments for fiscal year 1999 are to be 
     paid at such time or times during fiscal year 1999 as the 
     recipient may specify. Thus, the one-half of the annual 
     amount that would otherwise be required to be paid no later 
     than September 30, 1999, can be specified for payment in 
     calendar year 1998. This potentially results in the 
     constructive receipt (and thus required inclusion in taxable 
     income) of such amounts in calendar year 1998, whether or not 
     the amounts actually are received or the right to their 
     receipt is fixed.
     House bill
       The time a production flexibility contract payment under 
     the FAIR Act properly is includible in income would be 
     determined without regard to the options granted by section 
     112(d)(2) (allowing receipt of one-half of the annual payment 
     on either December 15 or January 15 of the fiscal year) or 
     section 112(d)(3) (allowing the acceleration of all payments 
     for fiscal year 1999) of that Act.
       Effective date.--The provision is effective for production 
     flexibility contract payments made under the FAIR Act in 
     taxable years ending after December 31, 1995.
     Senate amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that is the same as 
     the provision contained in the House bill.
     Conference agreement
       The conference agreement follows the House bill.

     C. Extend the Net Operating Loss Carryback Period for Farmers


            (sec. 212 of h.r. 4579 and sec. 172 of the code)

     Present law
       A net operating loss (``NOL'') is, generally, the amount by 
     which business deductions of a taxpayer exceed business gross 
     income. An NOL may be carried back two years and carried 
     forward 20 years to offset taxable income in such years. A 
     taxpayer may elect to forgo the carryback of an NOL. In the 
     case of an NOL (1) arising from casualty or theft losses of 
     individual taxpayers, or (2) attributable to Presidentially 
     declared disasters for taxpayers engaged in a farming 
     business or a small business, the NOL can be carried back 
     three years. A farming business includes the trade or 
     business of farming, as well as the trade or business of 
     operating a nursery or sod farm, or the raising or harvesting 
     of certain trees.\9\ Special rules apply to real estate 
     investment trusts (no carrybacks), specified liability losses 
     (10-year carryback), and excess interest losses (no 
     carrybacks).
---------------------------------------------------------------------------
     \9\ For this purpose, the term ``farming business'' is 
     defined as in sec. 263A(e)(4).
---------------------------------------------------------------------------
       A carry back of an NOL will result in the refund of Federal 
     income tax for the carryback year. A carry forward of an NOL 
     will reduce Federal income tax for the carryforward year.
     House bill
       No provision. However, H.R. 4579, as passed by the House of 
     Representatives, contains a provision that provides a special 
     five-year carryback period for a farming loss, regardless of 
     whether the loss was incurred in a Presidentially declared 
     disaster area. The carryforward period remains at 20 years. A 
     ``farming loss'' is defined as the amount of any net 
     operating loss attributable to the income and deductions of a 
     farming business (as defined in section 263A(e)(4)). A 
     farming loss cannot exceed the taxpayer's NOL for the taxable 
     year. In calculating the amount of a taxpayer's NOL 
     carrybacks, the portion of the NOL that is attributable to a 
     farming loss is treated as a separate NOL and is taken into 
     account after the remaining portion of the NOL for the 
     taxable year.
       A taxpayer can elect to forgo the five-year carryback 
     period for a farming loss. The election to forgo the five-
     year carryback period is made in the manner prescribed by the 
     Secretary of the Treasury and must be made by the due date of 
     the return (including extensions) for the year of the loss. 
     The election is irrevocable. If a taxpayer elects to forgo 
     the five-year carryback period, then the farming losses are 
     subject to the rules that otherwise would have applied under 
     section 172 absent the five-year rule. The three-year 
     carryback period continues to apply to an NOL incurred in a 
     Presidentially declared disaster area if such NOL is not 
     eligible for the five-year carryback period.
       Effective date.--The provision is effective for NOLs 
     arising in taxable years beginning after December 31, 1997.
     Senate amendment
       No provision.
     Conference agreement
       The conference agreement follows the provision in H.R. 
     4579.

                  SUBTITLE C--MISCELLANEOUS PROVISIONS

  A. Increase State Volume Limits on Private Activity Tax-Exempt Bonds


         (sec. 204 of the house bill and sec. 146 of the code)

     Present Law
       Interest on bonds issued by States and local governments is 
     excluded from income if the proceeds of the bonds are used to 
     finance activities conducted and paid for by the governmental 
     units (Code sec. 103). Interest on bonds issued by these 
     governmental units to finance activities carried out and paid 
     for by private persons (``private activity bonds'') is 
     taxable unless the activities are specified in the Internal 
     Revenue Code. Private activity bonds on which interest may be 
     tax-exempt include bonds for privately operated 
     transportation facilities (e.g., airports, docks and wharves, 
     mass transit, and high speed rail facilities), privately 
     owned and/or provided municipal services (e.g., water, sewer, 
     solid waste disposal, and certain electric and heating 
     facilities), economic development (e.g., small manufacturing 
     facilities and redevelopment in economically depressed 
     areas), and certain social programs (e.g., low-income rental 
     housing, qualified mortgage bonds, student loan bonds, and 
     exempt activities of charitable organizations described in 
     Code sec. 501(c)(3)).
       The volume of tax-exempt private activity bonds that States 
     and local governments may issue for most of these purposes in 
     each calendar year is limited by State-wide volume limits. 
     The current annual volume limit for any State is $50 per 
     resident of the State or $150 million if greater. The volume 
     limits do not apply to private activity bonds to finance 
     airports, docks and wharves, certain governmentally owned, 
     but privately operated solid waste disposal facilities, 
     certain high speed rail facilities, and to certain types of 
     private activity tax-exempt bonds that are subject to other 
     limits on their volume (qualified veterans' mortgage bonds 
     and certain ``new'' empowerment zone and enterprise community 
     bonds).
     House Bill
       The House bill increases the present-law annual State 
     private activity bond volume limits to $75 per resident of 
     each State or $225 million (if greater) beginning in calendar 
     year 2007. The increase is phased-in as follows, beginning in 
     calendar year 2003:

Volume limit:                                             Calendar year
  $55 per resident ($165 million if greater).......................2003
  $60 per resident ($180 million if greater).......................2004
  $65 per resident ($195 million if greater).......................2005
  $70 per resident ($210 million if greater).......................2006

       Effective date.--The provision is effective beginning in 
     calendar year 2003.
     Senate Amendment
       No provision.
     Conference Agreement
       The conference agreement follows the House bill.

  B. Comprehensive Study of Recovery Periods and Depreciation Methods 
                           Under Section 168


                      (sec. 201 of the house bill)

     Present Law
       A taxpayer is allowed to deduct a reasonable allowance for 
     the exhaustion, wear and tear, and obsolescence of property 
     that is used in a trade or business or is held for the 
     production of income. For most tangible personal and real 
     property placed in service after 1986, the amount of the 
     deductible allowance is determined under section 168 using 
     the applicable recovery period, the applicable depreciation 
     method, and the applicable convention specified in section 
     168.
       For some types of assets, the applicable recovery period of 
     an asset is provided in section 168. In other cases, the 
     recovery period of an asset is determined by reference to its 
     class life. The class life of an asset may be provided by 
     section 168, or may be determined with regard to the list of 
     class lives provided by the Treasury that was in effect on 
     January 1, 1986. The Treasury Department is required to 
     monitor and analyze actual experience with respect to all 
     depreciable assets.
       The applicable depreciation method determines the rate at 
     which the cost of the property is recovered. In general, the 
     applicable depreciation method specified in section 168 
     varies with the recovery period of the property. For property 
     with a recovery period of 10 years or less, the applicable 
     method is the 200 percent declining balance method, switching 
     to straight-line in the first year in which that method 
     yields a larger allowance. The 150 percent declining balance, 
     (switching to straight-line) is the applicable method for 
     property with a recovery period of 15 or 20 years, as well as 
     for all property used in the trade or business of farming. 
     The straight-line method must be used for property with a 
     longer recovery period, as well as for certain specified 
     types of property.
       The applicable convention determines the point of time 
     during the year that the property is considered placed in 
     service. Applicable conventions specified in section 168 
     include the mid-year, the mid-quarter and the mid-month 
     conventions.
     House Bill
       The Secretary of the Treasury (or his delegate) is directed 
     to conduct a comprehensive study of the recovery periods and 
     depreciation methods under section 168 of the Code, and to 
     provide recommendations for determining such periods and 
     methods in a more rational manner. The Secretary of the 
     Treasury (or his delegate) is directed to submit the results 
     of the study and recommendations to the House Ways and Means 
     and Senate Finance Committees by March 31, 2000.
     Senate Amendment
       No provision.
     Conference Agreement
       The conference agreement follows the House bill.

[[Page H11540]]

   C. State Election to Exempt Student Employees From Social Security


                      (sec. 206 of the house bill)

     Present law
       The Social Security Amendments of 1972 provided an 
     opportunity for States to obtain exemptions from Social 
     Security coverage for student employees of public schools, 
     colleges, and universities. States choosing to opt out had to 
     do so prior to January 1, 1974. Most States did. Student 
     employees in these States do not have to pay FICA taxes on 
     their wages, allowing them to keep more of their earnings.
     House bill
       The House bill allows a limited window of time (January 1 
     through March 31, 1999) for States to modify existing State 
     agreements to exempt students (including graduate assistants) 
     from Social Security coverage who are employed by a public 
     school, university, or college in a nonexempted State.
       Effective date.--The provision permitting States to modify 
     existing agreement is effective with respect to services 
     performed after June 30, 2000.
     Senate amendment
       No provision.
     Conference agreement
       The conference agreement follows the House bill.

                 TITLE III.--REVENUE OFFSET PROVISIONS

    A. Treatment of Certain Deductible Liquidating Distributions of 
    Regulated Investment Companies and Real Estate Investment Trusts


(sec. 301 of the house bill, sec. 301 of s. 2622, and secs. 332 and 334 
                              of the code)

     Present law
       Regulated investment companies (``RICs'') and real estate 
     investment trusts (``REITs'') are allowed a deduction for 
     dividends paid to their shareholders. The deduction for 
     dividends paid includes amounts distributed in liquidation 
     which are properly chargeable to earnings and profits, as 
     well as, in the case of a complete liquidation occurring 
     within 24 months after the adoption of a plan of complete 
     liquidation, any distribution made pursuant to such plan to 
     the extent of earnings and profits. Rules that govern the 
     receipt of dividends from RICs and REITs generally provide 
     for including the amount of the dividend in the income of the 
     shareholder receiving the dividend that was deducted by the 
     RIC or REIT. Generally, any shareholder realizing gain from a 
     liquidating distribution of a RIC or REIT includes the amount 
     of gain in the shareholder's income. However, in the case of 
     a liquidating distribution to a corporation owning 80-percent 
     of the stock of the distributing corporation, a separate rule 
     generally provides that the distribution is tax-free to the 
     parent corporation. The parent corporation succeeds to the 
     tax attributes, including the adjusted basis of assets, of 
     the distributing corporation. Under these rules, a 
     liquidating RIC or REIT might be allowed a deduction for 
     amounts paid to its parent corporation, without a 
     corresponding inclusion in the income of the parent 
     corporation, resulting in income being subject to no tax.
       A RIC or REIT may designate a portion of a dividend as a 
     capital gain dividend to the extent the RIC or REIT itself 
     has a net capital gain, and a RIC may designate a portion of 
     the dividend paid to a corporate shareholder as eligible for 
     the 70-percent dividends-received deduction to the extent the 
     RIC itself received dividends from other corporations. If 
     certain conditions are satisfied, a RIC also is permitted to 
     pass through to its shareholders the tax-exempt character of 
     the RIC's net income from tax-exempt obligations through the 
     payment of ``exempt interest dividends,'' though no deduction 
     is allowed for such dividends.
     House bill
       Any amount which a liquidating RIC or REIT may take as a 
     deduction for dividends paid with respect to an otherwise 
     tax-free liquidating distribution to an 80-percent corporate 
     owner is includible in the income of the recipient 
     corporation. The includible amount is treated as a dividend 
     received from the RIC or REIT. The liquidating corporation 
     may designate the amount distributed as a capital gain 
     dividend or, in the case of a RIC, a dividend eligible for 
     the 70-percent dividends received deduction or an exempt 
     interest dividend, to the extent provided by the RIC or REIT 
     provisions of the Code.
       The provision does not otherwise change the tax treatment 
     of the distribution to the parent corporation or to the RIC 
     or REIT. Thus, for example, the liquidating corporation will 
     not recognize gain (if any) on the liquidating distribution 
     and the recipient corporation will hold the assets at a 
     carryover basis, even where the amount received is treated as 
     a dividend.
       Effective date.--The provision is effective for 
     distributions on or after May 22, 1998, regardless of when 
     the plan of liquidation was adopted. No inference is intended 
     regarding the treatment of such transactions under present 
     law.
     Senate amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains a provision that is the same as 
     the provision contained in the House bill.
     Conference agreement
       The conference agreement follows the House bill.

   B. Add Vaccines Against Rotavirus Gastroenteritis to the List of 
                            Taxable Vaccines


 (sec. 302 of the house bill, sec. 4 of s. 2616, and sec. 4132 of the 
                                 code)

     Present law
       A manufacturer's excise tax is imposed at the rate of 75 
     cents per dose on the following vaccines routinely 
     recommended for administration to children: diphtheria, 
     pertussis, tetanus, measles, mumps, rubella, polio, HIB 
     (haemophilus influenza type B), hepatitis B, and varicella 
     (chicken pox). Amounts equal to net revenues from this excise 
     tax are deposited in the Vaccine Injury Compensation Trust 
     Fund.
     House bill
       The House bill adds any vaccine against rotavirus 
     gastroenteritis to the list of taxable vaccines.
       Effective date.--The provision is effective for vaccines 
     sold by a manufacturer or importer after the date of 
     enactment.
     Senate amendment
       No provision. However, S. 2616 (the Medicare Home Health 
     Fair Payment Act), as introduced by Senators Roth and 
     Moynihan, contains a provision that is the same as the 
     provision contained in the House bill.
     Conference agreement
       The conference agreement follows the House bill.

          C. Clarify and Expand Mathematical Error Procedures


 (sec. 303 of the House bill, sec. 3 of S. 2616, and sec. 6213 of the 
                                 Code)

     Present law
       Taxpayer identification numbers (``TINs'')
       The IRS may deny a personal exemption for a taxpayer, the 
     taxpayer's spouse or the taxpayer's dependents if the 
     taxpayer fails to provide a correct TIN for each person for 
     whom the taxpayer claims an exemption. This TIN requirement 
     also indirectly effects other tax benefits currently 
     conditioned on a taxpayer being able to claim a personal 
     exemption for a dependent (e.g., head-of-household filing 
     status and the dependent care credit). Other tax benefits, 
     including the adoption credit, the child tax credit, the Hope 
     Scholarship credit and Lifetime Learning credit, and the 
     earned income credit also have TIN requirements. For most 
     individuals, their TIN is their Social Security Number 
     (``SSN''). The mathematical and clerical error procedure 
     currently applies to the omission of a correct TIN for 
     purposes of personal exemptions and all of the credits listed 
     above except for the adoption credit.
       Mathematical or clerical errors
       The IRS may summarily assess additional tax due as a result 
     of a mathematical or clerical error without sending the 
     taxpayer a notice of deficiency and giving the taxpayer an 
     opportunity to petition the Tax Court. Where the IRS uses the 
     summary assessment procedure for mathematical or clerical 
     errors, the taxpayer must be given an explanation of the 
     asserted error and a period of 60 days to request that the 
     IRS abate its assessment. The IRS may not proceed to collect 
     the amount of the assessment until the taxpayer has agreed to 
     it or has allowed the 60-day period for objecting to expire. 
     If the taxpayer files a request for abatement of the 
     assessment specified in the notice, the IRS must abate the 
     assessment. Any reassessment of the abated amount is subject 
     to the ordinary deficiency procedures. The request for 
     abatement of the assessment is the only procedure a taxpayer 
     may use prior to paying the assessed amount in order to 
     contest an assessment arising out of a mathematical or 
     clerical error. Once the assessment is satisfied, however, 
     the taxpayer may file a claim for refund if he or she 
     believes the assessment was made in error.
     House bill
       The House bill provides in the application of the 
     mathematical and clerical error procedure that a correct TIN 
     is a TIN that was assigned by the Social Security 
     Administration (or in certain limited cases, the IRS) to the 
     individual identified on the return. For this purpose, the 
     IRS is authorized to determine that the individual identified 
     on the tax return corresponds in every aspect (including, 
     name, age, date of birth, and SSN) to the individual to whom 
     the TIN is issued. The IRS also is authorized to use the 
     mathematical and clerical error procedure to deny eligibility 
     for the dependent care tax credit, the child tax credit, and 
     the earned income credit even though a correct TIN has been 
     supplied if the IRS determines that the statutory age 
     restrictions for eligibility for any of the respective 
     credits is not satisfied (e.g., the TIN issued for the child 
     claimed as the basis of the child tax credit identifies the 
     child as over the age of 17 at the end of the taxable year).
       Effective date.--The provision is effective for taxable 
     years ending after the date of enactment.
     Senate amendment
       No provision. However, S. 2616 (the Medicare Home Health 
     Fair Payment Act), as introduced by Senators Roth and 
     Moynihan, contains a provision that is the same as the 
     provision contained in the House bill.
     Conference agreement
       The conference agreement follows the House bill.

[[Page H11541]]

 D. Restrict 10-Year Net Operating Loss Carryback Rules for Specified 
                            Liability Losses


(sec. 304 of the House bill, sec. 5 of S. 2616, and sec. 172(f) of the 
                                 Code)

     Present law
       Under present law, that portion of a net operating loss 
     that qualifies as a ``specified liability loss'' may be 
     carried back 10 years rather than being limited to the 
     general two-year carryback period. A specified liability loss 
     includes amounts allowable as a deduction with respect to 
     product liability, and also certain liabilities that arise 
     under Federal or State law or out of any tort of the 
     taxpayer. In the case of a liability arising out of a Federal 
     or State law, the act (or failure to act) giving rise to the 
     liability must occur at least 3 years before the beginning of 
     the taxable year. In the case of a liability arising out of a 
     tort, the liability must arise out of a series of actions (or 
     failures to act) over an extended period of time a 
     substantial portion of which occurred at least three years 
     before the beginning of the taxable year. A specified 
     liability loss cannot exceed the amount of the net operating 
     loss, and is only available to taxpayers that used an accrual 
     method of accounting throughout the period that the acts (or 
     failures to act) occurred.
     House bill
       Under the provision, specified liability losses are limited 
     to product liability losses and amounts allowable as a 
     deduction (other than a deduction under sec. 468(a)(1) or 
     sec. 468A(a)) that are in satisfaction of a liability under a 
     Federal or State law requiring the reclamation of land, 
     decommissioning of a nuclear power plant (or any unit 
     thereof), dismantlement of a drilling platform, remediation 
     of environmental contamination, or a payment under any 
     workers compensation act (within the meaning of sec. 
     461(h)(2)(C)(i)), if the act (or failure to act) giving rise 
     to such liability occurs at least 3 years before the 
     beginning of the taxable year. As under present law, the 
     specified liability loss (as redefined) cannot exceed the 
     amount of the net operating loss and is only available to 
     taxpayers that used an accrual method of accounting 
     throughout the period that the act (or failure to act) giving 
     rise to the liability occurred. No inference regarding the 
     interpretation of the specified liability loss carryback 
     rules under present law is intended.
       Effective date.--The provision is effective for net 
     operating losses arising in taxable years ending after the 
     date of enactment.
     Senate amendment
       No provision. However, S. 2616 (the Medicare Home Health 
     Fair Payment Act), as introduced by Senators Roth and 
     Moynihan, contains a provision that is the same as the 
     provision contained in the House bill.
     Conference agreement
       The conference agreement follows the House bill.

               TITLE IV. TECHNICAL CORRECTIONS PROVISIONS

     House bill
       The House bill contains technical, clerical, and conforming 
     amendments to the Internal Revenue Service Restructuring and 
     Reform Act of 1998, the Taxpayer Relief Act of 1997, and 
     other tax legislation.
     Senate amendment
       No provision. However, S. 2622, as introduced by Senators 
     Roth and Moynihan, contains the same provisions as the House 
     bill. In addition, S. 2622 also includes a perfecting 
     amendment related to voluntary income tax withholding from 
     Social Security benefits.
     Conference agreement
       The conference agreement generally follows the House bill 
     and S. 2622. The conference agreement includes the provision 
     related to voluntary income tax withholding from Social 
     Security benefits included in S. 2622.

                Subtitle VI--Medicare-Related Provisions

                        Subtitle A--Home Health


Sec. 6101.--Increase in per beneficiary limits and per visit limits for 
                    payment for home health services

     Present law
       Section 4602 of the Balanced Budget Act established interim 
     payments for Medicare home health care agencies until the 
     implementation of a new prospective payment system on October 
     1, 1999. Also scheduled to go into effect on October 1, 1999, 
     is an across-the-board reduction in payments to home health 
     agencies. Under the interim payment system (IPS), agencies 
     are currently paid the lesser of either their actual costs, a 
     per visit limit, or an annual per beneficiary limit. The 
     first limit--the per visit limit--is based on the mix of 
     visits an agency provided to Medicare patients during the 
     year. The per visit limits are based on 105 percent of the 
     wage adjusted median cost for each of the six categories of 
     service. The second limit--the per beneficiary limit--is 
     based 75 percent on an agency's historical cost per 
     beneficiary and 25 percent on the average per beneficiary 
     historical costs for the region in which the agency is 
     located (minus 2 percent), and is adjusted by the home health 
     market basket. Agencies whose first full year cost report 
     began after October 1, 1993 receive the national median of 
     the per beneficiary limits.
     House bill
       H.R. 4567, the ``Medicare Home Health Care and Veterans 
     Health Care Improvement Act,'' as passed by the House of 
     Representatives on October 12, 1998, makes changes to the 
     payment system for Medicare's home health care benefit as 
     defined in the Balanced Budget Act of 1997 (P.L. 105-33). 
     Under the bill, the per beneficiary limit is increased for 
     older agencies below the national median. In addition, the 
     bill increases payments to new agencies and establishes 
     payments for agencies that would receive Medicare payments 
     until implementation of the new prospective system. The bill 
     excludes these costs from the calculation of the beneficiary 
     monthly premium. The bill requires the Secretary of Health 
     and Human Services to report back to Congress with 
     alternatives to the 15 percent across-the-board reduction in 
     payments that is scheduled for October 1, 1999. In addition, 
     several reports on the prospective payment system summarizing 
     research conducted by the Secretary of Health and Human 
     Services are to be submitted to the Congress so that 
     implementation of the new payment system is not further 
     delayed. The policies contained in the bill were carefully 
     designed to meet administrative restrictions relating to the 
     Year 2000.
       Effective date.--The provision is effective upon enactment.
     Senate amendment
       S. 2616, the ``Medicare Home Health Fair Payment Act of 
     1998,'' as introduced in the Senate, makes changes to the 
     payment system for Medicare's home health care benefit as 
     defined in the Balanced Budget Act of 1997 (P.L. 105-33). 
     Under the bill, the transition period for payment changes to 
     the prospective payment system (PPS) is lengthened by 
     providing all agencies a longer transition period in which to 
     adjust to changed payment limits. Both the 15 percent across-
     the-board reduction and the PPS are delayed for 12 months. A 
     budget-neutral blend establishes greater equity among 
     agencies by increasing the per beneficiary limits for low 
     cost agencies and reducing the high cost per beneficiary 
     limits. In the legislation, greater fairness is achieved by 
     eliminating the 2% discount applicable to new agencies, and 
     raising the per visit limits for all agencies from 105% to 
     110% of the national median. No distinction in payment limit 
     is made for ``brand new'' agencies.
       In order to offset the cost of the payment changes, the 
     home health care annual market basket (MB) is reduced in the 
     following manner: for fiscal year 2000 it is MB minus 0.5 
     percentage point; for FY 2001 it is MB minus 0.5 percentage 
     point; for FY 2002 and FY 2003 it is full MB; and in FY 2004 
     it is MB plus 1.0 percentage point.
       Effective date.--The provision is effective upon enactment.
     Division J
       Division J includes a provision that makes changes to the 
     payment system for Medicare's home health care benefit as 
     defined in the Balanced Budget Act of 1997 (P.L. 105-33). The 
     provision delays the implementation of the prospective 
     payment system until October 1, 2000 and delays an across-
     the-board 15 percent reduction in payments to home health 
     agencies until that date. The provision would also allow for 
     periodic interim payments until implementation of the 
     prospective payment system. The provision is expected to 
     provide equity to those agencies which have low-cost, low-
     utilization practices relative to other agencies, by 
     increasing the per beneficiary limits. Those agencies below 
     the national median per beneficiary limit will have their 
     limit increased by 1/3 of the difference between their limit 
     and the national median. In addition, the provision increases 
     payments to ``new'' agencies whose first full year cost 
     report began after October 1, 1993 by two percent, and 
     establishes that agencies opening after October 1, 1998 will 
     have per beneficiary limits equal to 75 percent of the wage 
     adjusted national median (calculated with a two percent 
     reduction).
       The provision also reduces the home health market basket 
     update for fiscal years 2000, 2001, 2002, and 2003, by 1.1 
     percentage points. Despite the increase in Medicare part B 
     expenditures, the provision excludes these costs from the 
     calculation of the beneficiary monthly premium until the 
     prospective payment system is implemented. Finally, the 
     provision requires several reports on the prospective payment 
     system summarizing research conducted by the Secretary of 
     Health and Human Services to be submitted to the Congress so 
     that implementation of the new payment system is not further 
     delayed. The policies contained in the bill were carefully 
     designed to meet administrative restrictions relating to the 
     Year 2000.
       Effective date.--The provision is effective upon enactment.

             Subtitle B--Other Medicare-Related Provisions


  Sec. 6201.--Authorization of Additional Exceptions to Imposition of 
          Penalties For Providing Inducements to Beneficiaries

     Present law
       The Health Insurance Portability and Accountability Act of 
     1996 (HIPAA) had the effect of prohibiting medical facilities 
     from offering patient financial assistance programs. HIPAA 
     contained a number of provisions designed to toughen fraud 
     and abuse enforcement. One provision--Section 231(h)(l)(C)(5) 
     of HIPAA--prohibited medical facilities from offering 
     patients any kind of inducement to receive services from any 
     particular medical provider. This provision was designed to 
     prevent kickbacks which the Inspector General

[[Page H11542]]

     reported was occurring in some circumstances.
       Prior to the enactment of HIPAA, specialized medical 
     facilities, such as dialysis centers, operated programs to 
     help their patients afford medical treatment. Examples of 
     these programs included paying patients' Medicare Part B 
     premiums; giving patients free eye-glasses and other services 
     designed to assist patients. The effect of the HIPAA fraud 
     and abuse provision was to discourage medical facilities from 
     offering programs to help patients lest these programs be 
     seen as inducements for patients to receive services from the 
     particular medical facility.
     House bill
       H.R. 4567, the ``Medicare Home Health Care and Veterans 
     Health Care Improvement Act,'' as passed by the House of 
     Representatives on October 12, 1998, contained provisions 
     which would allow the Inspector General to develop criteria 
     for making limited exceptions to the current fraud and abuse 
     laws.
       H.R. 4567's provisions would amend HIPAA in several ways: 
     First, the Inspector General of the Health and Human Services 
     Department could create exceptions--known as ``safe harbors'' 
     to the fraud and abuse rules so as to exclude specific 
     payment practices from the HIPAA provisions. Second, H.R. 
     3511 would allow medical facilities to obtain advisory 
     opinions from the Inspector General. These opinions would 
     provide legal and regulatory guidance to medical facilities 
     as to whether payment of coinsurance or other premiums 
     violates HIPAA's fraud and abuse provisions. Finally, H.R. 
     3511 would also give the Secretary of HHS interim final 
     rulemaking authority which would speed up the process whereby 
     these safe harbors and advisory opinions become effective.
       Effective date.--The provision is effective upon enactment.
     Senate amendment
       The Senate bill had no similar provision.

                               Division J

       Division J provides authority for the Inspector General to 
     promulgate a rule authorizing exceptions to the fraud and 
     abuse provisions. The provision places limits on the 
     Inspector General's safe harbor authority relating to 
     providers or health care facilities providing Medicare 
     supplemental coverage to end-stage renal disease 
     beneficiaries. The duration of the safe harbor authority for 
     this particular issue will be limited to a two year period 
     which commences on the date that the rule is promulgated. The 
     provision also stipulates that the Comptroller General shall 
     conduct a study that compares any disproportionate impact on 
     specific issuers of the purchase of Medicare supplemental 
     policies for end stage renal disease patients. The provision 
     also requires the Comptroller General to submit 
     recommendations on whether the Inspector General's authority 
     to issue such exceptions should be extended.


          Sec. 6202.--Expansion of Membership of MedPAC to 17

     Present law
       The Balanced Budget Act of 1997, Public Law 105-33, 
     established the Medicare Payment Advisory Commission (MedPAC) 
     as a result of merging two commissions, the Prospective 
     Payment Advisory Commission and the Physician Payment Review 
     Commission. MedPAC, like its predecessors, is a nonpartisan 
     commission which advises Congress and makes recommendations 
     regarding Medicare payment policies. MedPAC commissioners are 
     appointed by the Comptroller General and serve terms of three 
     years. The Balanced Budget Act authorizes the Commission to 
     have fifteen commissioners.
       Section 4022 of the Balanced Budget Act detailed the 
     criteria for membership on the Commission: The membership of 
     the Commission shall include individuals with national 
     recognition for their expertise in health finance and 
     economics, actuarial science, health facility management, 
     health plans and integrated delivery systems, reimbursement 
     of health facilities, allopathic and osteopathic medicine, 
     and other related fields of health care delivery and 
     services, who provide a mix of different professionals, broad 
     and geographic representation, and a balance between urban 
     and rural representatives.
     House bill
       H.R. 4567, the ``Medicare Home Health Care and Veterans 
     Health Care Improvement Act,'' as passed by the House of 
     Representatives on October 12, 1998, contained provisions 
     which would increase the number of commissioners appointed to 
     MedPAC to seventeen. The addition of two commissioners would 
     enable the commission to reflect more fully the diversity of 
     backgrounds and interests in the health policy community.
       Effective date.--The provision is effective on May 1, 1999.
     Senate amendment
       The Senate bill had no similar provision.

                               Division J

       Division J contains provisions which would increase the 
     number of commissioners appointed to MedPAC to seventeen. The 
     addition of two members would enable the Commission to 
     reflect more fully the diversity of backgrounds and interests 
     in the health policy community.
       Effective date.--The provision is effective on May 1, 1999.

          Revenue Offsets for Medicare Home Health Provisions


                   tax treatment of prizes and awards

     Present law
       A taxpayer generally is required to include an item in 
     income no later than the time of its actual or constructive 
     receipt, unless the item properly is accounted for in a 
     different period under the taxpayer's method of accounting. 
     If a taxpayer has an unrestricted right to demand the payment 
     of an amount, the taxpayer is in constructive receipt of that 
     amount whether or not the taxpayer makes the demand and 
     actually receives the payment. Under the principle of 
     constructive receipt, the winner of a contest who is given 
     the option of receiving either a lump-sum distribution or an 
     annuity is required to include the value of the award in 
     gross income, even if the annuity option is exercised.
     House bill
       No provision.
     Senate amendment
       No provision.

                               Division J

       The existence of a ``qualified prize option'' is 
     disregarded in determining the taxable year for which any 
     portion of a qualified prize is to be included in income. A 
     qualified prize option is an option that entitles a person to 
     receive a single cash payment in lieu of a qualified prize 
     (or portion thereof), provided such option is exercisable not 
     later than 60 days after the prize winner becomes entitled to 
     the prize. Thus, a qualified prize winner who is provided the 
     option to choose either cash or an annuity not later than 60 
     days after becoming entitled to the prize is not required to 
     include amounts in gross income immediately if the annuity 
     option is exercised merely by reason of having the option. 
     This provision applies with respect to any qualified prize to 
     which a person first becomes entitled after the date of 
     enactment.
       In addition, the provision also applies to any qualified 
     prize to which a person became entitled on or before the date 
     of enactment if the person has an option to receive a lump-
     sum cash payment only during some portion of the 18-month 
     period beginning on July 1, 1999. This is intended to give 
     previous prize winners a one-time option to alter previous 
     payment arrangements.
       Qualified prizes are prizes or awards from contests, 
     lotteries, jackpots, games or similar arrangements that 
     provide a series of payments over a period of at least 10 
     years, provided that the prize or award does not relate to 
     any past services performed by the recipient and does not 
     require the recipient to perform any substantial \1\ future 
     service. The provision applies to individuals on the cash 
     receipts and disbursements method of accounting. Income and 
     deductions resulting from this provision retain their 
     character as ordinary, not capital. In addition, the 
     Secretary is to provide for the application of this provision 
     in the case of a partnership or other pass-through entity 
     consisting entirely of individuals on the cash receipts and 
     disbursements method of accounting.
---------------------------------------------------------------------------
     \1\ Appearing in advertising relating to the prize or award 
     is not (in and of itself) substantial.
---------------------------------------------------------------------------
       Any offer of a qualified prize option must include 
     disclosure of the methodology used to compute the single cash 
     payment, including the discount rate that makes equivalent 
     the present values of the prize to which the prize winner is 
     entitled (or relevant portion thereof) and the single cash 
     payment offered. Any offer of a qualified prize option must 
     also clearly indicate that the prize winner is under no 
     obligation to accept any offer of a single cash payment and 
     may continue to receive the payments to which he or she is 
     entitled under the terms of the qualified prize.
       Effective date.--The provision applies with respect to any 
     qualified prize to which a person first becomes entitled 
     after the date of enactment. In addition, the provision also 
     applies to any qualified prize to which a person became 
     entitled on or before the date of enactment if the person has 
     an option to receive a lump-sum payment only during some 
     portion of the 18-month period beginning on July 1, 1999.

[[Page H11543]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.076
     


[[Page H11544]]

     [GRAPHIC] [TIFF OMITTED] TH19OC98.077
     


[[Page H11545]]

  Omnibus Consolidated and Emergency Supplemental Appropriations Act, 
                                  1999


        (discretionary budget authority, in billions of dollars)

Division A--Omnibus Appropriations:
Agriculture........................................................13.7
    Agriculture emergency funding...................................5.9
Commerce, Justice, State...........................................33.1
District of Columbia................................................0.5
Foreign Operations \1\.............................................31.2
Interior...........................................................13.9
Labor, HHS, Education..............................................83.2
Transportation.....................................................13.1
Treasury, Postal Service...........................................13.4
Miscellaneous appropriations........................................0.8
Offsets............................................................-2.8
                                                       ________________
                                                       
    Subtotal, Division A..........................................206.1
                                                       ================

Division B--Emergency Supplemental Appropriations:
Military readiness and overseas contingency operations..............6.8
Antiterrorism.......................................................2.4
Year 2000 conversion................................................3.4
Other emergencies...................................................1.5
Counter-drug activities and interdiction............................0.7
                                                       ________________
                                                       
    Subtotal, Division B...........................................14.9
                                                       ================

                                                                 Recap:
    Total, regular appropriations.................................203.0
    Total, emergency agriculture and supplemental appropriations...20.8
    Total, offsets.................................................-2.8
                                                       ________________
                                                       
      Total, funding..............................................221.0
                                                       ================

Appropriations subject to allocation \2\..........................219.9
Remaining allocation \3\..........................................220.1
Appropriations vs. allocation......................................-0.2

\1\ Includes $17.9 billion for the International Monetary Fund.
\2\ Excludes $1.1 billion in transportation budget authority for 
transit programs, which is scored as obligation limitations for 
Congressional Budget Act purposes.
\3\ Allocation available after scoring of all other bills. Includes all 
adjustments to allocations permitted by the Congressional Budget Act.
     Tom DeLay,
     Ralph Regula,
     Harold Rogers,
     Ron Packard,
     S. Callahan,
     Todd Tiahrt,
     Robert Aderholt,
     Bob Livingston,
     Martin Olav Sabo,
     Esteban E. Torres,
     John W. Olver,
     Ed Pastor,
     Bud Cramer,
     Dave Obey,
                                Managers on the Part of the House.

     Richard Shelby,
     Pete V. Domenici,
     Robert F. Bennett,
     Ted Stevens,
     Frank R. Lautenberg,
     Robert C. Byrd
       (with the exception of certain leadership legislative 
     riders),
     Harry Reid,
     Patty Murray,
     Daniel K. Inouye,
     Managers on the Part of the Senate.

                          ____________________