    [House Report 105-825]
    [From the U.S. Government Publishing Office]

    105th Congress                                                   Report
                            HOUSE OF REPRESENTATIVES

     2d Session                                                     105-825
    _______________________________________________________________________

     MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS
                              FOR FISCAL YEAR 1999

                                   __________

                               CONFERENCE REPORT

                                  to accompany

                                   H.R. 4328

                    October 19, 1998.--Ordered to be printed

             MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL

                       APPROPRIATIONS FOR FISCAL YEAR 1999

    105th Congress                                                   Report
                            HOUSE OF REPRESENTATIVES

     2d Session                                                     105-825
    _______________________________________________________________________

     MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS
                              FOR FISCAL YEAR 1999

                                   __________

                               CONFERENCE REPORT

                                  to accompany

                                   H.R. 4328

                    October 19, 1998.--Ordered to be printed

    105th Congress                                                   Report
                            HOUSE OF REPRESENTATIVES

     2d Session                                                     105-825
    _______________________________________________________________________

     MAKING OMNIBUS CONSOLIDATED AND EMERGENCY SUPPLEMENTAL APPROPRIATIONS
                              FOR FISCAL YEAR 1999

                                    _______

                    October 19, 1998.--Ordered to be printed

    _______________________________________________________________________

        Mr. Livingston, from the committee of conference, submitted the
                                   following

                               CONFERENCE REPORT

                            [To accompany H.R. 4328]

          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
    modificationof 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 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 (7U.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 percentof the total value of the land or interests
    transferred out of Federal ownership, $785,518,000: Provided, That
    appropriations hereunder shall be available for temporary employment
    pursuant to the second sentence of section 706(a) of the Organic Act of
    1944 (7 U.S.C. 2225), and not to exceed $115,000 shall be available for
    employment under 5 U.S.C. 3109: 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 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 beavailable 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 forthe 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 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, ofwhich $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 ControlAct 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 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, Thatof 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 502of 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 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 andrural 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 foodservice
    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 assistancein 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), 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 commonoverhead 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 toattendees 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.
        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 (7U.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 918of 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 theLower Mississippi Delta Region, as
    defined in Public Law 100-460, prior to normal state or regional
    allocation of funds: Provided, That any funds made available through
    Chapter Four of Subtitle D of Title XII of the Food Security Act of
    1985 (16 U.S.C. 3839aa et seq.) may be included in any amount
    reprogrammed under this section if such funds are used for a purpose
    authorized by such Chapter: Provided further, That any funds made
    available from ongoing programs of the Department of Agriculture used
    for the benefit of the Lower Mississippi Delta Region shall be counted
    toward the level cited in this section.
        Sec. 730. None of the funds appropriated or otherwise made
    available by this Act shall be used to pay the salaries and
    expenses of personnel to enroll in excess of 120,000 acres in
    the fiscal year 1999 wetlands reserve program as authorized by
    16 U.S.C. 3837.
        Sec. 731. None of the funds appropriated or otherwise made
    available by this Act shall be used to pay the salaries and
    expenses of personnel to carry out the emergency food
    assistance program authorized by section 27(a) of the Food
    Stamp Act if such program exceeds $90,000,000.
        Sec. 732. None of the funds appropriated or otherwise made
    available by this or any other Act shall be used to pay the
    salaries and expenses of personnel to carry out the provisions
    of section 401 of Public Law 105-185.
        Sec. 733. Notwithstanding any other provision of law, the
    City of Big Spring, Texas shall be eligible to participate in
    rural housing programs administered by the Rural Housing
    Service.
        Sec. 734. Notwithstanding any other provision of law, the
    Municipality of Carolina, Puerto Rico shall be eligible for
    grants and loans administered by the Rural Utilities Service.
        Sec. 735. Notwithstanding section 381A of the Consolidated
    Farm and Rural Development Act (7 U.S.C. 2009), the definitions
    of rural areas for certain business programs administered by
    the Rural Business-Cooperative Service and the community
    facilities programs administered by the Rural Housing Service
    shall be those provided for in statute and regulations prior to
    the enactment of Public Law 104-127.
        Sec. 736. None of the funds appropriated or otherwise made
    available by this Act shall be used to carry out any commodity
    purchase program that would prohibit eligibility or
    participation by farmer-owned cooperatives.
        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
    StatesCode, 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;
                (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 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 Agriculture, may exempt the
            production, importation, and consumption of methyl
            bromide 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 Service of the Department of Agriculture)
            for the 12-month period ending on August 31 of the
            immediately preceding fiscal year; exceeds
                ``(2) the average of such index (as so defined) for
            the 12-month period ending on August 31, 1996.''.
        (b) Section 313 of the Consolidated Farm and Rural
    Development Act (7 U.S.C. 1943) is amended--
                (1) by striking ``Sec. 313. The Secretary'' and
            inserting the following:

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

        ``(a) In General.--The Secretary'';
                (2) by striking ``this subtitle (1) that would
            cause'' and inserting ``this subtitle--
                        ``(1) that would cause'';
                (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

                                  short title

        Sec. 901. This title may be cited as the ``India-Pakistan
    Relief Act of 1998''.

                                waiver authority

        Sec. 902. (a) Authority.--The President may waive for a
    period not to exceed one year upon enactment of this Act with
    respect to India or Pakistan the application of any sanction or
    prohibition (or portion thereof) contained in section 101 or
    102 of the Arms Export Control Act, section 620E(e) of the
    Foreign Assistance Act of 1961, or section 2(b)(4) of the
    Export Import Bank Act of 1945.
        (b) Exception.--The authority provided in subsection (a)
    shall not apply to any restriction in section 102(b)(2) (B),
    (C), or (G) of the Arms Export Control Act.
        (c) Availability of Amounts.--Amounts made available by
    this section are designated by the Congress as an emergency
    requirement pursuant to section 251(b)(2)(A) of the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended:
    Provided, That such amounts shall be available only to the
    extent that an official budget request that includes
    designation of the entire amount of the request as an emergency
    requirement as defined in the Balanced Budget and Emergency
    Deficit Control Act of 1985, as amended, is transmitted by the
    President to the Congress.

                                  consultation

        Sec. 903. Prior to each exercise of the authority provided
    in section 902, the President shall consult with the
    appropriate congressional committees.

                             reporting requirement

        Sec. 904. 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.

                  appropriate congressional committees defined

        Sec. 905. 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 ownersand producers on a
    farm who are eligible for final payments for fiscal year 1998 under a
    production flexibility contract for the farm under the Agricultural
    Market Transition Act (7 U.S.C. 7201 et seq.) to partially compensate
    the owners and producers for the loss of markets for the 1998 crop of a
    commodity.
        (b) Amount.--Except as provided in subsection (d), the
    amount of assistance made available to owners and producers on
    a farm under this section shall be proportional to the amount
    of the contract payment received by the owners and producers
    for fiscal year 1998 under a production flexibility contract
    for the farm under the Agricultural Market Transition Act.
        (c) Time for Payment.--The assistance made available under
    this section for an eligible owner or producer shall be made as
    soon as practicable after the date of enactment of this Act.
        (d) Of the total amount provided under subsection (a),
    $200,000,000 shall be available to provide assistance to dairy
    producers in a manner determined by the Secretary: Provided,
    That no payments made under this section shall affect any
    decision with respect to rulemaking activities described under
    section 143 of Public Law 104-127.

                          Subtitle C--Other Assistance

    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:

    ``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.

                          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 remainavailable 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: 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 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 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 $1,000,000shall 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
    fundsdesignated 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 beavailable for expenses authorized by
    sections 281 and 282 of part D of title II of the Act for prevention
    and treatment programs relating to juvenile gangs; (3) $10,000,000
    shall be available for expenses authorized by section 285 of part E of
    title II of the Act; (4) $12,000,000 shall be available for expenses
    authorized by part G of title II of the Act for juvenile mentoring
    programs; and (5) $95,000,000 shall be available for expenses
    authorized by title V of the Act for incentive grants for local
    delinquency prevention programs; of which $10,000,000 shall be for
    delinquency prevention, control, and system improvement programs for
    tribal youth; of which $25,000,000 shall be available for grants of
    $360,000 to each state and $6,640,000 shall be available for
    discretionary grants to states, for programs and activities to enforce
    state laws prohibiting the sale of alcoholic beverages to minors or the
    purchase or consumption of alcoholic beverages by minors, prevention
    and reduction of consumption of alcoholic beverages by minors, and for
    technical assistance and training: Provided further, That upon the
    enactment of reauthorization legislation for Juvenile Justice Programs
    under the Juvenile Justice and Delinquency Prevention Act of 1974, as
    amended, funding provisions in this Act shall from that date be subject
    to the provisions of that legislation and any provisions in this Act
    that are inconsistent with that legislation shall no longer have
    effect: Provided further, That of amounts made available under the
    Juvenile Justice Programs of the Office of Justice Programs to carry
    out part B (relating to Federal Assistance for State and Local
    Programs), subpart II of part C (relating to Special Emphasis
    Prevention and Treatment Programs), part D (relating to Gang-Free
    Schools and Communities and Community-Based Gang Intervention), part E
    (relating to State Challenge Activities), and part G (relating to
    Mentoring) of title II of the Juvenile Justice and Delinquency
    Prevention Act of 1974, and to carry out the At-Risk Children's Program
    under title V of that Act, not more than 10 percent of each such amount
    may be used for research, evaluation, and statistics activities
    designed to benefit the programs or activities authorized under the
    appropriate part or title, and not more than 2 percent of each such
    amount may be used for training and technical assistance activities
    designed to benefit the programs or activities authorized under that
    part or title.
        In addition, for grants, contracts, cooperative agreements,
    and other assistance, $10,000,000 to remain available until
    expended, for developing, testing, and demonstrating programs
    designed to reduce drug use among juveniles.
        In addition, for grants, contracts, cooperative agreements,
    and other assistance authorized by the Victims of Child Abuse
    Act 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.
        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--
                        (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.

                                    firearms

        Sec. 121. Section 922 of title 18, United States Code, is
    amended--
                (1) in subsection (d), by striking paragraph (5)
            and inserting the following:
                ``(5) who, being an alien--
                        ``(A) is illegally or unlawfully in the
                    United States; or
                        ``(B) except as provided in subsection
                    (y)(2), has been admitted to the United States
                    under a nonimmigrant visa (as that term is
                    defined in section 101(a)(26) of the
                    Immigration and Nationality Act (8 U.S.C.
                    1101(a)(26)));'';
                (2) in subsection (g), by striking paragraph (5)
            and inserting the following:
                ``(5) who, being an alien--
                        ``(A) is illegally or unlawfully in the
                    United States; or
                        ``(B) except as provided in subsection
                    (y)(2), has been admitted to the United States
                    under a nonimmigrant visa (as that term is
                    defined in section 101(a)(26) of the
                    Immigration and Nationality Act (8 U.S.C.
                    1101(a)(26)));'';
                (3) in subsection (s)(3)(B), by striking clause (v)
            and inserting the following:
                                ``(v) is not an alien who--
                                        ``(I) is illegally or
                                    unlawfully in the United
                                    States; or
                                        ``(II) subject to
                                    subsection (y)(2), has been
                                    admitted to the United States
                                    under a nonimmigrant visa (as
                                    that term is defined in section
                                    101(a)(26) of the Immigration
                                    and Nationality Act (8 U.S.C.
                                    1101(a)(26)));''; and
                (4) by inserting after subsection (x) the
            following:
        ``(y) Provisions Relating to Aliens Admitted Under
    Nonimmigrant Visas.--
                ``(1) Definitions.--In this subsection--
                        ``(A) the term `alien' has the same meaning
                    as in section 101(a)(3) of the Immigration and
                    Nationality Act (8 U.S.C. 1101(a)(3)); and
                        ``(B) the term `nonimmigrant visa' has the
                    same meaning as in section 101(a)(26) of the
                    Immigration and Nationality Act (8 U.S.C.
                    1101(a)(26)).
                ``(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.
        (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 solely for payment of judgments and
    compromise settlements: Provided further, That payment of
    litigation expenses is available under existing authority as
    set forth in the Memorandum of Understanding between the
    Federal Deposit Insurance Corporation and the Department of
    Justice, dated October 2, 1998, and may not be paid from
    amounts provided in this Act.
        This title may be cited as the ``Department of Justice
    Appropriations Act, 1999''.

             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 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, titleII 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 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 expendedfor 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.

                          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, maybe 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 betreated 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''.
        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 theAdministrative 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 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 madeavailable
    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 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), tocarry 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 (20U.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 ofthe North/
    South Center Act of 1991 (22 U.S.C. 2075), by grant to an educational
    institution in Florida known as the North/South Center, $1,750,000, to
    remain available until expended.

                        national endowment for democracy

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

          General Provisions--Department of State and Related Agencies

        Sec. 401. Funds appropriated under this title shall be
    available, except as otherwise provided, for allowances and
    differentials as authorized by subchapter 59 of title 5, United
    States Code; for services as authorized by 5 U.S.C. 3109; and
    hire of passenger transportation pursuant to 31 U.S.C. 1343(b).
        Sec. 402. Not to exceed 5 percent of any appropriation made
    available for the current fiscal year for the Department of
    State in this Act may be transferred between such
    appropriations, but no such appropriation, except as otherwise
    specifically provided, shall be increased by more than 10
    percent by any such transfers: Provided, That not to exceed 5
    percent of any appropriation made available for the current
    fiscal year for the United States Information Agency in this
    Act may be transferred between such 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.

              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 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 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 a grant for the Vandalia Heritage
    Foundation to fulfill its charter purposes; $1,000,000 shall be
    available for a grant for the Moundsville Economic Development
    Council to work in conjunction with the Office of Law
    Enforcement Technology Commercialization for the establishment
    of the National Corrections and Law Enforcement Training and
    Technology Center, and for infrastructure improvements
    associated with this initiative; and $250,000 shall be
    available for a grant forthe 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
    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 thatwas
    effective on September 25, 1997, and such fishery endorsement was not
    surrendered at any time thereafter.
         (b) Any fishing permit or authorization issued or renewed
    prior to the date of the enactment of this Act for a fishing
    vessel to which the prohibition in subsection (a)(1) applies
    that would allow such vessel to engage in fishing for Atlantic
    mackerel or herring (or both) during fiscal year 1999 shall be
    null and void, and none of the funds made available in this Act
    may be used to issue a fishing permit or authorization that
    would allow a vessel whose permit or authorization was made
    null and void pursuant to this subsection to engage in the
    catching, taking, or harvesting of fish in any other fishery
    within the exclusive economic zone of the United States.
        Sec. 618. None of the funds provided by this Act shall be
    available to promote the sale or export of tobacco or tobacco
    products, or to seek the reduction or removal by any foreign
    country of restrictions on the marketing of tobacco or tobacco
    products, except for restrictions which are not applied equally
    to all tobacco or tobacco products of the same type.
        Sec. 619. None of the funds made available in this Act may
    be used to pay the expenses of an election officer appointed by
    a court to oversee an election of any officer or trustee for
    the International Brotherhood of Teamsters.
        Sec. 620. Section 1303 of the International Security and
    Development Corporation Act of 1985 (16 U.S.C. 469j) is amended
    in subsection (e), by striking ``three'' and inserting ``six''.
        Sec. 621. None of the funds appropriated pursuant to this
    Act or any other provision of law may be used for (1) the
    implementation of any tax or fee in connection with the
    implementation of 18 U.S.C. 922(t); (2) any system to implement
    18 U.S.C. 922(t) that does not require and result in the
    destruction of any identifying information submitted by or on
    behalf of any person who has been determined not to be
    prohibited from owning a firearm.
        Sec. 622. Not later than 60 days after the date of
    enactment of this Act, the United States Trade Representative
    (in this section referred to as the ``Trade Representative'')
    shall report to Congress on the Trade Representative's analysis
    regarding--
                (1) whether the Korean Government provided
            subsidies to Hanbo Steel;
                (2) whether such subsidies had an adverse effect on
            United States companies;
                (3) the status of the Trade Representative's
            contacts with the Korean Government with respect to
            industry concerns regarding Hanbo Steel and efforts to
            eliminate subsidies; and
                (4) the status of the Trade Representative's
            contacts with other Asian trading partners regarding
            the adverse effect of Korean steel subsidies on such
            trading partners.
        (b) The report described in subsection (a) shall also
    include information on the status of any investigations
    initiated as a result of press reports that the Korean
    Government ordered Pohang Iron and Steel Company, in which the
    Government owns a controlling interest, to sell steel in Korea
    at a price that is 30 percent lower than the international
    market prices.
        Sec. 623. None of the funds made available in this or any
    other Act may be used to implement, administer, or enforce
    Executive Order No. 13083 (titled ``Federalism'' and dated May
    14, 1998).
        Sec. 624. (a) Section 118 of title 28, United States Code,
    is amended--
                (1) in subsection (a) by striking ``Philadelphia,
            and Schuylkill'' and inserting ``and Philadelphia'';
            and
                (2) in subsection (b) by inserting ``Schuylkill,''
            after ``Potter,''.
        (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 its advice and consent to the Memorandum of
    Understanding.

                           time limitation on funding

        Sec. 626. (a) Notwithstanding any other provisions of this
    Act, appropriations and funds made available and authority
    granted pursuant to this Act (the Departments of Commerce,
    Justice, and State, 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 apportioned under section 1513 of title 31, United States
    Code, in the manner established for funds provided by a joint
    resolution making continuing appropriations.
        (c) Appropriations made and authority granted pursuant to
    the Act referenced in subsection (a) shall cover all
    obligations or expenditures incurred for any program, project
    or activity during the period for which funds or authority for
    such project or activity are available under such Act.
        (d) Expenditures made during the period for which funds or
    authority are available under such Act shall be charged to the
    full-year amount provided for the applicable appropriation,
    fund, or authorization.

                             TITLE VII--RESCISSIONS

                             DEPARTMENT OF JUSTICE

                             General Administration

                              working capital fund

                                  (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

                                  short title

        Sec. 901. This title may be cited as the ``National Whale
    Conservation Fund Act of 1998''.

                                    findings

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

                        national whale conservation fund

        Sec. 903. 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 management, or educational activities
            that may be funded with amounts made available from the
            fund.
        ``(g) In carrying out any action on the part of the
    Foundation under subsection (f), the Directors of the Board
    shall consult with the Administrator of the National Oceanic
    and Atmospheric Administration and the Marine Mammal
    Commission.''.
        This Act may be cited as the ``Departments of Commerce,
    Justice, and State, the Judiciary, and Related Agencies
    Appropriations Act, 1999''.
        (c) For programs, projects or activities in the District of
    Columbia Appropriations Act, 1999, provided as follows, to be
    effective as if it had been enacted into law as the regular
    appropriations Act:

      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 theSecretary 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.

               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
    exceedsthree-fourths of the cost of the replacement: Provided further,
    That not to exceed $500,000 shall be available from this appropriation
    for the Chief of Police for the prevention and detection of crime:
    Provided further, That the Metropolitan Police Department shall provide
    quarterly reports to the Committees on Appropriations of the House and
    Senate on efforts to increase efficiency and improve the
    professionalism in the department: Provided further, That
    notwithstanding any other provision of law, or Mayor's Order 86-45,
    issued March 18, 1986, the Metropolitan Police Department's delegated
    small purchase authority shall be $500,000: Provided further, That the
    District of Columbia government may not require the Metropolitan Police
    Department to submit to any other procurement review process, or to
    obtain the approval of or be restricted in any manner by any official
    or employee of the District of Columbia government, for purchases that
    do not exceed $500,000: Provided further, That the Mayor shall
    reimburse the District of Columbia National Guard for expenses incurred
    in connection with services that are performed in emergencies by the
    National Guard in a militia status and are requested by the Mayor, in
    amounts that shall be jointly determined and certified as due and
    payable for these services by the Mayor and the Commanding General of
    the District of Columbia National Guard: Provided further, That such
    sums as may be necessary for reimbursement to the District of Columbia
    National Guard under the preceding proviso shall be available from this
    appropriation, and the availability of the sums shall be deemed as
    constituting payment in advance for emergency services involved:
    Provided further, That the Metropolitan Police Department is authorized
    to maintain 3,800 sworn officers, with leave for a 50 officer
    attrition: Provided further, That no more than 15 members of the
    Metropolitan Police Department shall be detailed or assigned to the
    Executive Protection Unit, until the Chief of Police submits a
    recommendation to the Council for its review: Provided further, That
    $100,000 shall be available for inmates released on medical and
    geriatric parole: Provided further, That commencing on December 31,
    1998, the Metropolitan Police Department shall provide to the
    Committees on Appropriations of the Senate and House of
    Representatives, the Committee on Governmental Affairs of the Senate,
    and the Committee on Government Reform and Oversight of the House of
    Representatives, quarterly reports on the status of crime reduction in
    each of the 83 police service areas established throughout the District
    of Columbia: Provided further, That funds appropriated for expenses
    under the District of Columbia Criminal Justice Act, approved September
    3, 1974 (88 Stat. 1090; Public Law 93-412; D.C. Code, sec. 11-2601 et
    seq.), for the fiscal year ending September 30, 1999, shall be
    available for obligations incurred under the Act in each fiscal year
    since inception in the fiscal year 1975: Provided further, That funds
    appropriated for expenses under the District of Columbia Neglect
    Representation Equity Act of 1984, effective March 13, 1985 (D.C. Law
    5-129; D.C. Code, sec. 16-2304), for the fiscal year ending September
    30, 1999, shall be available for obligations incurred under the Act in
    each fiscal year 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 Federalfunds, 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 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
    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 andapproved 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;
                (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.

     u.s. army corps of engineers services to district of columbia public
                                    schools

        Sec. 132. 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. TheChief 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 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''.

             assessment and placement of special education students

        Sec. 145. 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 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
    thatprovides 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.

                                    reserve

        Sec. 155. 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.''.

       district of columbia adoption improvement act of 1998 short title

        Sec. 157. (a) 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.

     clarification of responsibility for adult offender supervision in the
                             district of columbia

        Sec. 158. (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 theAuthority,
    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 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''.
          (d) For programs, projects or activities in the Foreign
    Operations, Export Financing, and Related Programs
    Appropriations Act, 1999, provided as follows, to be effective
    as if it had been enacted into law as the regular
    appropriations Act:

    AN ACT Making appropriations for foreign operations, export financing,
    and related programs for the fiscal year ending September 30, 1999, and
                              for other purposes.

                   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 feebasis, 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,
    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 of1961, 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 topractice abortions; and that
    in order to reduce reliance on abortion in developing nations, funds
    shall be available only to voluntary family planning projects which
    offer, either directly or through referral to, or information about
    access to, a broad range of family planning methods and services, and
    that any such voluntary family planning project shall meet the
    following requirements: (1) service providers or referral agents in the
    project shall not implement or be subject to quotas, or other numerical
    targets, of total number of births, number of family planning
    acceptors, or acceptors of a particular method of family planning (this
    provision shall not be construed to include the use of quantitative
    estimates or indicators for budgeting and planning purposes), (2) the
    project shall not include payment of incentives, bribes, gratuities, or
    financial reward to (A) an individual in exchange for becoming a family
    planning acceptor, or (B) program personnel for achieving a numerical
    target or quota of total number of births, number of family planning
    acceptors, or acceptors of a particular method of family planning, (3)
    the project shall not deny any right or benefit, including the right of
    access to participate in any program of general welfare or the right of
    access to health care, as a consequence of any individual's decision
    not to accept family planning services, (4) the project shall provide
    family planning acceptors comprehensible information on the health
    benefits and risks of the method chosen, including those conditions
    that might render the use of the method inadvisable and those adverse
    side effects known to be consequent to the use of the method, (5) the
    project shall ensure that experimental contraceptive drugs and devices
    and medical procedures are provided only in the context of a scientific
    study in which participants are advised of potential risks and
    benefits; and, not less than 60 days after the date on which the
    Administrator of the United States Agency for International Development
    determines that there has been a violation of the requirements
    contained in paragraph (1), (2), (3), or (5) of this proviso, or a
    pattern or practice of violations of the requirements contained in
    paragraph (4) of this proviso, the Administrator shall submit to the
    Committee on International Relations and the Committee on
    Appropriations of the House of Representatives and to the Committee on
    Foreign Relations and the Committee on Appropriations of the Senate, a
    report containing a description of such violation and the corrective
    action taken by the Agency: Provided further, That in awarding grants
    for natural family planning under section 104 of the Foreign Assistance
    Act of 1961 no applicant shall be discriminated against because of such
    applicant's religious or conscientious commitment to offer only natural
    family planning; and, additionally, all such applicants shall comply
    with the requirements of the previous proviso: Provided further, That
    for purposes of this or any other Act authorizing or appropriating
    funds for foreign operations, export financing, and related programs,
    the term ``motivate'', as it relates to family planning assistance,
    shall not be construed to prohibit the provision, consistent with local
    law, of information or counseling about all pregnancy options: Provided
    further, That nothing in this paragraph shall be construed to alter any
    existing statutory prohibitions against abortion under section 104 of
    the Foreign Assistance Act of 1961: Provided further, That,
    notwithstanding section 109 of the Foreign Assistance Act of 1961, of
    the funds appropriated under this heading in this Act, and of the
    unobligated balances of funds previously appropriatedunder 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 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 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 95-501), $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, Thatthe 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 onlyfor 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 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 theCommittees 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 availableuntil
    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 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 pursuantto 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 wouldpose 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 ofthe former Soviet
    Union if that government directs any action in violation of the
    territorial integrity or national sovereignty of any other new
    independent state, such as those violations included in the Helsinki
    Final Act: Provided, That such funds may be made available without
    regard to the restriction in this subsection if the President
    determines that to do so is in the national security interest of the
    United States.
        (c) None of the funds appropriated under the heading
    ``Assistance for the New Independent States of the Former
    Soviet Union'' shall be made available for any state to enhance
    its military capability: Provided, That this restriction does
    not apply to demilitarization, demining or nonproliferation
    programs.
        (d) Funds appropriated under the heading ``Assistance for
    the New Independent States of the Former Soviet Union'' shall
    be subject to the regular notification procedures of the
    Committees on Appropriations.
        (e) Funds made available in this Act for assistance to the
    New Independent States of the former Soviet Union shall be
    subject to the provisions of section 117 (relating to
    environment and natural resources) of the Foreign Assistance
    Act of 1961.
        (f) Funds appropriated in this or prior appropriations Acts
    that are or have been made available for an Enterprise Fund in
    the New Independent States of the Former Soviet Union may be
    deposited by such Fund in interest-bearing accounts prior to
    the disbursement of such funds by the Fund for program
    purposes. The Fund may retain for such program purposes any
    interest earned on such deposits without returning such
    interest to the Treasury of the United States and without
    further appropriation by the Congress. Funds made available for
    Enterprise Funds shall be expended at the minimum rate
    necessary to make timely payment for projects and activities.
        (g) In issuing new task orders, entering into contracts, or
    making grants, with funds appropriated in this Act or prior
    appropriations Acts under the heading ``Assistance for the New
    Independent States of the Former Soviet Union'' for projects or
    activities that have as one of their primary purposes the
    fostering of private sector development, the Coordinator for
    United States Assistance to the New Independent States and the
    implementing agency shall encourage the participation of and
    give significant weight to contractors and grantees who propose
    investing a significant amount of their own resources
    (including volunteer services and in-kind contributions) in
    such projects and activities.
        (h)(1) Withholding of Assistance.--None of the funds
    appropriated by this Act may be made available for assistance
    for the Government of the Russian Federation, after 180 days
    from the date of enactment of this Act, until agreement has
    been reached that assistance provided with funds appropriated
    by this Act will not be subject to customs duties or that
    legislation has been enacted and is in force that exempts such
    assistance from being subject to customs duties.
        (2) Waiver.--Notwithstanding paragraph (1), assistance may
    be provided for the Government of the Russian Federation if the
    President determines that significant progress has been made on
    reaching an agreement, or enacting and enforcing legislation,
    that meets the objectives of this section to provide exemption
    from customs duties for assistance furnished under this Act.

       prohibition on funding for abortions and involuntary sterilization

        Sec. 518. None ofthe 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 obligatedto 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 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 Actsor 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 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
                    primaryboycott 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 programswithin 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.

                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 andpenalties 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 anytribunal 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.
        (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
    electoralcouncil 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
    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 forIndonesia
    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 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 thissection 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.

                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.
          (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 President shall
    name a ``North Korea Policy Coordinator'', who shall conduct a
    full and complete interagency review of United States policy
    toward North Korea, shall provide policy direction for
    negotiations with North Korea related to nuclear weapons,
    ballistic missiles, and other security related issues, and
    shall also provide leadership for United States participation
    in KEDO.
          (f) The Secretary of State shall submit to the
    appropriate congressional committees an annual report (to be
    submitted with the annual presentation for appropriations)
    providing a full and detailed accounting of the fiscal year
    request for the United States contribution to KEDO, the
    expected operating budget of the KEDO, to include unpaid debt,
    proposed annual costs associated with heavy fuel oil purchases,
    and the amount of funds pledged by other donor nations and
    organizations to support KEDO activities on a per country
    basis, and other related activities.
          (g) The Secretary of Defense shall submit to the
    appropriate congressional committees an annual report on the
    degree to which KEDO's mission and the Agreed Framework
    continue to promote important United States national security
    interests, contribute to delaying North Korean indigenous
    development of nuclear weapons-related technology, and
    positively impact the level of tension on the Korean Peninsula.

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

      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 toreview 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 anypart 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
                        ``(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
                        ``(E) study tours for foreign officials in
                    the United States or elsewhere for the purpose
                    of providing technical information to such
                    officials.
                ``(5) Foreign participant.--The term `foreign
            participant' means the national of a developing or
            transitional country that is receiving assistance under
            the program established 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
                    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 or
                    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;
                (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 Qadhafi, 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 Qadhafi 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 Qadhafi 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 Qadhafi 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 Qadhafi 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 Qadhafi 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 Qadhafi
            on any of the details of the proposal approved by the
            United Nations in United Nations Security Council
            Resolution 1192; and
                (3) if Colonel Qadhafi 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
                        (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.
                (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 authoritiesand
    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 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
                    providedto 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 ofthe 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;
                ``(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
    accountto 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 landdocuments, 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 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 theService may accept
    donated aircraft as replacements for existing aircraft: Provided
    further, That notwithstanding any other provision of law, the Secretary
    of the Interior may not spend any of the funds appropriated in this Act
    for the purchase of lands or interests in lands to be used in the
    establishment of any new unit of the National Wildlife Refuge System
    unless the purchase is approved in advance by the House and Senate
    Committees on Appropriations in compliance with the reprogramming
    procedures contained in Senate Report 105-56: Provided further, That
    hereafter the Secretary may sell land and interests in land, other than
    surface water rights, acquired in conformance with subsections 206(a)
    and 207(c) of Public Law 101-618, the receipts of which shall be
    deposited to the Lahontan Valley and Pyramid Lake Fish and Wildlife
    Fund and used exclusively for the purposes of such subsections, without
    regard to the limitation on the distribution of benefits in subsection
    206(f)(2) of such law: 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 ConservationCorps 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. Constitution located in the
    National Archives: Provided further, That none of the funds
    provided for Save America's Treasures may be used for
    administrative expenses, and staffing for the program shall be
    available from the existing staffing levels in the National
    Park Service.

                                  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 restrictions of the Land and Water Conservation Fund Act of
    1965: Provided further, That from the funds made available for
    land acquisition at Everglades National Park and Big Cypress
    National Preserve, the Secretary may provide for Federal
    assistance to the State of Florida for the acquisition of lands
    or waters, or interests therein, within the Everglades
    watershed (consisting of lands and waters within the boundaries
    of the South Florida Water Management District, Florida Bay and
    the Florida Keys) under terms and conditions deemed necessary
    by the Secretary, to improve and restore the hydrological
    function of the Everglades watershed: Provided further, That
    funds provided under this heading to the State of Florida are
    contingent upon new matching non-Federal funds by the State and
    shall be subject to an agreement that the lands to be acquired
    will be managed in perpetuity for the restoration of the
    Everglades.

                           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 theirmineral and water
    resources; give engineering supervision to power permittees and Federal
    Energy Regulatory Commission licensees; administer the minerals
    exploration program (30 U.S.C. 641); and publish and disseminate data
    relative to the foregoing activities; and to conduct inquiries into the
    economic conditions affecting mining and materials processing
    industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and related
    purposes as authorized by law and to publish and disseminate data;
    $797,896,000, of which $69,596,000 shall be available only for
    cooperation with States or municipalities for water resources
    investigations; and of which $16,400,000 shall remain available until
    expended for conducting inquiries into the economic conditions
    affecting mining and materials processing industries; and of which
    $2,000,000 shall remain available until expended for ongoing
    development of a mineral and geologic data base; and of which
    $161,221,000 shall be available until September 30, 2000 for the
    biological research activity and the operation of the Cooperative
    Research Units: Provided, That of the funds available for the
    biological research activity, $6,600,000 shall be made available by
    grant to the University of Alaska for conduct of, directly or through
    subgrants, basic marine research activities in the North Pacific Ocean
    pursuant to a plan approved by the Department of Commerce, the
    Department of the Interior, and the State of Alaska: Provided further,
    That none of these funds provided for the biological research activity
    shall be used to conduct new surveys on private property, unless
    specifically authorized in writing by the property owner: Provided
    further, 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 thetemporary 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
    Repositoryshall 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 TriballyControlled Schools Act of 1988 (25
    U.S.C. 2501 et seq.), as amended, $1,584,124,000, to remain available
    until September 30, 2000 except as otherwise provided herein, of which
    not to exceed $94,010,000 shall be for welfare assistance payments and
    notwithstanding any other provision of law, including but not limited
    to the Indian Self-Determination Act of 1975, as amended, not to exceed
    $114,871,000 shall be available for payments to tribes and tribal
    organizations for contract support costs associated with ongoing
    contracts, grants, compacts, or annual funding agreements entered into
    with the Bureau prior to or during fiscal year 1999, as authorized by
    such Act, except that tribes and tribal organizations may use their
    tribal priority allocations for unmet indirect costs of ongoing
    contracts, grants, or compacts, or annual funding agreements and for
    unmet welfare assistance costs, and of which not to exceed $387,365,000
    for school operations costs of Bureau-funded schools and other
    education programs shall become available on July 1, 1999, and shall
    remain available until September 30, 2000; and of which not to exceed
    $52,889,000 shall remain available until expended for housing
    improvement, road maintenance, attorney fees, litigation support, self-
    governance grants, the Indian Self-Determination Fund, land records
    improvement, the Navajo-Hopi Settlement Program: Provided, That
    notwithstanding any other provision of law, including but not limited
    to the Indian 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 enactedto 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 theCongressional 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 compensationand expenses, as
    authorized by law (48 U.S.C. 1661(c)); grants to the Government of
    American Samoa, in addition to current local revenues, for construction
    and support of governmental functions; grants to the Government of the
    Virgin Islands as authorized by law; grants to the Government of Guam,
    as authorized by law; and grants to the Government of the Northern
    Mariana Islands as authorized by law (Public Law 94-241; 90 Stat. 272);
    and (2) $3,849,000 shall be available for salaries and expenses of the
    Office of Insular Affairs: Provided, 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 unavoidablecauses:
    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 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 whichissue 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 duringthe 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. 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 inany 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.

                commercial fishing in glacier bay national park

        Sec. 123. (a) General.--
                (1) The Secretary of the Interior and the State of
            Alaska shall cooperate in the development of a
            management plan for the regulation of commercial
            fisheries in Glacier Bay National Park pursuant to
            existing State and Federal statutes and any applicable
            international conservation and management treaties.
            Such management plan shall provide for commercial
            fishing in the marine waters within Glacier Bay
            National Park outside of Glacier Bay Proper, and in the
            marine waters within Glacier Bay Proper as specified in
            paragraphs (a)(2) through (a)(5), and shall provide for
            the protection of park values and purposes, for the
            prohibition of any new or expanded fisheries, and for
            the opportunity for the study of marine resources.
                (2) In the nonwilderness waters within Glacier Bay
            Proper, commercial fishing shall be limited, by means
            of non-transferable lifetime access permits, solely to
            individuals who--
                        (A) hold a valid commercial fishing permit
                    for a fishery in a geographic area that
                    includes the nonwilderness waters within
                    Glacier Bay Proper;
                        (B) provide a sworn and notarized affidavit
                    and other available corroborating documentation
                    to the Secretary of the Interior sufficient to
                    establish that such individual engaged in
                    commercial fishing for halibut, tanner crab, or
                    salmon in Glacier Bay Proper during qualifying
                    years which shall be established by the
                    Secretary of the Interior within one year of
                    the date of the enactment of this Act; and
                        (C) fish only with--
                                (i) longline gear for halibut;
                                (ii) pots or ring nets for tanner
                            crab; or
                                (iii) trolling gear for salmon.
                (3) With respect to the individuals engaging in
            commercial fishing in Glacier Bay Proper pursuant to
            paragraph (2), no fishing shall be allowed in the West
            Arm of Glacier Bay Proper (West Arm) north of 58
            degrees, 50 minutes north latitude except for trolling
            for king salmon during the period from October 1
            through April 30. The waters of Johns Hopkins Inlet,
            Tarr Inlet and Reid Inlet shall remain closed to all
            commercial fishing.
                (4) With respect to the individuals engaging in
            commercial fishing in Glacier Bay Proper pursuant to
            paragraph (2), no fishing shall be allowed in the East
            Arm of Glacier Bay Proper (East Arm) north of a line
            drawn from Point Caroline, through the southern end of
            Garforth Island to the east side of Muir Inlet, except
            that trolling for king salmon during the period from
            October 1 through April 30 shall be allowed south of a
            line drawn across Muir Inlet at the southernmost point
            of Adams Inlet.
                (5) With respect to the individuals engaging in
            commercial fishing in Glacier Bay Proper pursuant to
            paragraph (2), no fishing shall be allowed in Geikie
            Inlet.
        (b) The Beardslee Islands and Upper Dundas Bay.--Commercial
    fishing is prohibited in the designated wilderness waters
    within Glacier Bay National Park and Preserve, including the
    waters of the Beardslee Islands and Upper Dundas Bay. Any
    individual who--
                (1) on or before February 1, 1999, provides a sworn
            and notarized affidavit and other available
            corroborating documentation to the Secretary of the
            Interior sufficient to establish that he or she has
            engaged in commercial fishing for Dungeness crab in the
            designated wilderness waters of the Beardslee Islands
            or Dundas Bay within Glacier Bay National Park pursuant
            to a valid commercial fishing permit in at least six of
            the years during the period 1987 through 1996;
                (2) at the time of receiving compensation based on
            the Secretary of the Interior's determination as
            described below--
                        (A) agrees in writing not to engage in
                    commercial fishing for Dungeness crab within
                    Glacier Bay Proper;
                        (B) relinquishes to the State of Alaska for
                    the purposes of its retirement any commercial
                    fishing permit for Dungeness crab for areas
                    within Glacier Bay Proper;
                        (C) at the individual's option,
                    relinquishes to the United States the Dungeness
                    crab pots covered by the commercial fishing
                    permit; and
                        (D) at the individual's option,
                    relinquishes to the United States the fishing
                    vessel used for Dungeness crab fishing in
                    Glacier Bay Proper; and
                (3) holds a current valid commercial fishing permit
            that allows such individual to engage in commercial
            fishing for Dungeness crab in Glacier Bay National
            Park,
    shall be eligible to receive from the United States
    compensation that is the greater of (i) $400,000, or (ii) an
    amount equal to the fair market value (as of the date
    ofrelinquishment) of the commercial fishing permit for Dungeness crab,
    of any Dungeness crab pots or other Dungeness crab gear, and of not
    more than one Dungeness crab fishing vessel, together with an amount
    equal to the present value of the foregone net income from commercial
    fishing for Dungeness crab for the period January 1, 1999, through
    December 31, 2004, based on the individual's net earnings from the
    Dungeness crab fishery during the period January 1, 1991, through
    December 31, 1996. Any individual seeking such compensation shall
    provide the consent necessary for the Secretary of the Interior to
    verify such net earnings in the fishery. The Secretary of the
    Interior's determination of the amount to be paid shall be completed
    and payment shall be made within six months from the date of
    application by the individuals described in this subsection and shall
    constitute final agency action subject to review pursuant to the
    Administrative Procedures Act in the United States District Court for
    the District of Alaska.
        (c) Definition and Savings Clause.--
                (1) As used in this section, the term ``Glacier Bay
            Proper'' shall mean the marine waters within Glacier
            Bay, including coves and inlets, north of a line drawn
            from Point Gustavus to Point Carolus.
                (2) Nothing in this section is intended to enlarge
            or diminish Federal or State title, jurisdiction, or
            authority with respect to the waters of the State of
            Alaska, the waters within the boundaries of Glacier Bay
            National Park, or the tidal or submerged lands under
            any provision of State or Federal law.
        Sec. 124. Notwithstanding any other provision of law,
    grazing permits which expire during fiscal year 1999 shall be
    renewed for the balance of fiscal year 1999 on the same terms
    and conditions as contained in the expiring permits, or until
    the Bureau of Land Management completes processing these
    permits in compliance with all applicable laws, whichever comes
    first. Upon completion of processing by the Bureau, the terms
    and conditions of existing grazing permits may be modified, if
    necessary, and reissued for a term not to exceed ten years.
    Nothing in this language shall be deemed to affect the Bureau's
    authority to otherwise modify or terminate grazing permits.

                   conveyance to the town of pahrump, nevada

        Sec. 125. (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 Sections32 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.

                charleston, arkansas national commemorative site

        Sec. 128.  (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)).

                 leasing of certain reserved mineral interests

        Sec. 132. (a) Application of Mineral Leasing Act.--
    Notwithstanding section 4 of Public Law 88-608 (78 Stat. 988),
    the Federal reserved mineral interests in land conveyed under
    that Act by United States land patents No. 49-71-0059 and No.
    49-71-0065 shall be subject to the Act of February 25, 1920
    (commonly known as the ``Mineral Leasing Act'') (30 U.S.C. 181
    et seq.).
        (b) Entry.--
                (1) In general.--A person that acquires a lease
            under the Act of February 25, 1920 (30 U.S.C. 181 et
            seq.) for the interests referred to in subsection (a)
            may exercise the right of entry that is reserved to the
    United States and persons authorized by the United States in the
    patents conveying the land described in subsection (a) by occupying so
    much of the surface the land as may be required for purposes reasonably
    incident to the exploration for, and extraction and removal of, the
    leased minerals.
                (2) Condition.--A person that exercises a right of
            entry under paragraph (1), shall, before commencing
            occupancy--
                        (A) secure the written consent or waiver of
                    the patentee; or
                        (B) post a bond or other financial
                    guarantee with the Secretary of the Interior in
                    an amount sufficient to ensure--
                                (i) the completion of reclamation
                            pursuant to the requirements of the
                            Secretary under the Act of February 25,
                            1920 (30 U.S.C. 181 et seq.); and
                                (ii) the payment to the surface
                            owner for--
                                        (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''.

               correction to coastal barrier resources system map

        Sec. 134. (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''.

                       katmai national park land exchange

        Sec. 135.  (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 theSecretary 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 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 duringprior 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 NationalForests, 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.

            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 Systemlands 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 StateDepartment of Fish and Wildlife for
    accomplishment of planned projects. Twenty percent of said funds shall
    be retained by the Forest Service for planning and administering
    projects. Project selection and prioritization shall be accomplished by
    the Forest Service with such consultation with the State of Washington
    as the Forest Service deems appropriate.
        Funds appropriated to the Forest Service shall be available
    for payments to counties within the Columbia River Gorge
    National Scenic Area, pursuant to sections 14(c)(1) and (2),
    and section 16(a)(2) of Public Law 99-663.
        The Secretary of Agriculture is authorized to enter into
    grants, contracts, and cooperative agreements as appropriate
    with the Pinchot Institute for Conservation, as well as with
    public and other private agencies, organizations, institutions,
    and individuals, to provide for the development,
    administration, maintenance, or restoration of land,
    facilities, or Forest Service programs, at the Grey Towers
    National Historic Landmark: Provided, That, subject to such
    terms and conditions as the Secretary of Agriculture may
    prescribe, any such public or private agency, organization,
    institution, or individual may solicit, accept, and administer
    private gifts of money and real or personal property for the
    benefit of, or in connection with, the activities and services
    at the Grey Towers National Historic Landmark: Provided
    further, That such gifts may be accepted notwithstanding the
    fact that a donor conducts business with the Department of
    Agriculture in any capacity.
        Funds appropriated to the Forest Service shall be
    available, as determined by the Secretary, for payments to Del
    Norte County, California, pursuant to sections 13(e) and 14 of
    the Smith River National Recreation Area Act (Public Law 101-
    612).
        For purposes of the Southeast Alaska Economic Disaster Fund
    as set forth in section 101(c) of Public Law 104-134, the
    direct grants provided in subsection (c) shall be considered
    direct payments for purposes of all applicable law except that
    these direct grants may not be used for lobbying activities.
        No employee of the Department of Agriculture may be
    detailed or assigned from an agency or office funded by this
    Act to any other agency or office of the Department for more
    than 30 days unless the individual's employing agency or office
    is fully reimbursed by the receiving agency or office for the
    salary and expenses of the employee for the period of
    assignment.
        The Forest Service shall fund overhead, national
    commitments, indirect expenses, and any other category for use
    of funds which are expended at any units, that are not directly
    related to the accomplishment of specific work on-the-ground
    (referred to as ``indirect expenditures''), from funds
    available to the Forest Service, unless otherwise prohibited by
    law: Provided, That not later than 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 includeappropriated
    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 bythe
    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 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 carryout 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 IndianHealth 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 thelands partitioned to the Hopi Tribe unless a new or
    replacement home is provided for such household: Provided further, That
    no relocatee will be provided with more than one new or replacement
    home: Provided further, That the Office shall relocate any certified
    eligible relocatees who have selected and received an approved homesite
    on the Navajo reservation or selected a replacement residence off the
    Navajo reservation or on the land acquired pursuant to 25 U.S.C. 640d-
    10.

        Institute of American Indian and Alaska Native Culture and Arts
                                  Development

                            payment to the institute

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

                            Smithsonian Institution

                             salaries and expenses

        For necessary expenses of the Smithsonian Institution, as
    authorized by law, including research in the fields of art,
    science, and history; development, preservation, and
    documentation of the National Collections; presentation of
    public exhibits and performances; collection, preparation,
    dissemination, and exchange of information and publications;
    conduct of education, training, and museum assistance programs;
    maintenance, alteration, operation, lease (for terms not to
    exceed 30 years), and protection of buildings, facilities, and
    approaches; not to exceed $100,000 for services as authorized
    by 5 U.S.C. 3109; up to 5 replacement passenger 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 currentspace 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 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 assistancea
    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 ofthe 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.
        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 toPennsylvania
    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 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 damagein
    excess of the first $400,000 of loss or damage to items covered.''.

                               tulare conveyance

        Sec. 334. (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 wild, renewable resources, including fish and
            wildlife, in Alaska for subsistence uses, except
            within--
                        (A) areas listed in 50 C.F.R. 100.3(b)
                    (October 1, 1998) and
                        (B) areas constituting ``public land or
                    public lands'' under the definition of such
                    term found at 50 C.F.R. 100.4 (October 1,
                    1998).
                (2) The areas in subparagraphs (A) and (B) of
            paragraph (1) shall only be construed to mean those
            public lands which as of October 1, 1998, were subject
            to federal management for subsistence uses pursuant to
            Title VIII of the Alaska National Interest Lands
            Conservation Act.
          (b) Subsection (a) Repealed.--
                (1) The Secretary of the Interior shall certify
            before October 1, 1999, if a bill or resolution has
            been passed by the Alaska State Legislature to amend
            the Constitution of the State of Alaska that, if
            approved by the electorate, would enable the
            implementation of state laws of general applicability
            consistent with, and which provide for the definition,
            preference, and participation specified in sections
            803, 804, and 805 of the Alaska National Interest Lands
            Conservation Act.
                (2) Subsection (a) shall be repealed on October 1,
            1999, unless prior to that date the Secretary of the
            Interior makes such a certification described in
            paragraph (1).
          (c) Technical Amendments to the Alaska National Interest
    Lands Conservation Act.--Section 805 of the Alaska National
    Interest Lands Conservation Act (16 U.S.C. 3115) is amended--
                (1) in subsection (a) by striking ``one year after
            the date of enactment of this Act,''
                (2) in subsection (d) by striking ``within one year
            from the date of enactment of this Act,''.
          (d) Effect on Tidal and Submerged Land.--Nothing in this
    section invalidates, validates, or in any other way affects any
    claim of the State of Alaska to title to any tidal or submerged
    land in Alaska.
        Sec. 340. None of the funds made available in this Act may
    be used to establish a national wildlife refuge in the Kankakee
    River watershed in northwestern Indiana and northeastern
    Illinois.
        Sec. 341. Upon the condition that Skamania County conveys
    title acceptable to the Secretary of Agriculture to all right,
    title and interest in lands identified on a map dated September
    29, 1998 entitled ``Skamania County Lands to be Transferred'',
    such lands being located on Table Mountain lying within the
    Columbia River Gorge National Scenic Area, there is hereby
    conveyed to Skamania County, notwithstanding any other
    provision of law, the Wind River Nursery Site lands and
    facilities and all interests therein, except for the corridor
    of the Pacific Crest National Scenic Trail, as depicted on a
    map dated September 29, 1998, entitled ``Wind River
    Conveyance'', which is on file and available for public
    inspection in the Office of the Chief, USDA Forest Service,
    Washington, D.C.
        The conveyance of lands to Skamania County shall become
    automatically effective upon a determination by the Secretary
    that Skamania County has conveyed acceptable title to the
    United States to the Skamania County lands. Lands conveyed to
    the United States shall become part of the Gifford Pinchot
    National Forest and shall have the status of lands acquired
    under the Act of March 1, 1911, (commonly called the Weeks Act)
    and shall be managed in accordance with the laws and
    regulations applicable to the National Forest System.
        Sec. 342. (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 agreementswith 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''.

            stewardship end result contracting demonstration project

        Sec. 347. (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 ``Departmentof 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 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.

       protection of sanctity of contracts and leases of surface patent
                  holders with respect to coalbed methane gas

        Sec. 349. (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 PacificNorthwest 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.

                          king cove health and safety

        Sec. 353. (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
    theColumbia 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 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 FederalBuilding''. 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

        pilot project for plumas, lassen, and tahoe national forests to
                    implement quincy library group proposal

        Sec. 401. (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
    withinPlumas 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
            vegetationmanagement 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 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 activitiesdescribed
    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 makeloans 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).
                (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, includingtimber 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 be appointed by the
            Kentucky Fish and Wildlife Commissioner or designee;
                (3) 1 individual shall be appointed by the
            Tennessee Fish and Wildlife Commission or designee;
                (4) 2 individuals shall be appointed by the
            Governor of the State of Tennessee;
                (5) 2 individuals shall be appointed by the
            Governor of the State of Kentucky; and
                (6) 2 individuals shall be appointed by appropriate
            officials of each of the 3 counties containing the
            Recreation Area.
        (c) Term.--
                (1) In general.--The term of a member of the
            Advisory Board shall be 5 years.
                (2) Succession.--Members of the Advisory Board may
            not succeed themselves.
        (d) Chairperson.--The Regional Forester shall serve as
    chairperson of the Advisory Board.
        (e) Rules of Procedure.--The Secretary shall prescribe the
    rules of procedure for the Advisory Board.
        (f) Functions.--The Advisory Board may advise the Secretary
    on--
                (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 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 maintenance 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.--
                (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 TennesseeValley
    Authority, the Secretary may exclude movable property from transfer
    based on a showing by the Tennessee Valley Authority that the property
    is vital to the mission of the Tennessee Valley Authority and cannot be
    replaced in a cost-effective manner, if the Secretary determines that
    the property is not needed for management of the Recreation Area.
        (b) Designation.--Pursuant to such procedures as may be
    prescribed in the memorandum of agreement entered into under
    section 543, the Secretary shall identify and designate, in
    writing, all Tennessee Valley Authority property to be
    transferred to the Secretary.
        (c) Facilitation of Transfer.--The Tennessee Valley
    Authority shall, to the maximum extent practicable, use current
    personnel to facilitate the transfer of necessary property and
    facilities to the Secretary, including replacement of signs and
    insignia, repainting of vehicles, printing of public
    information, and training of new personnel. Funding for these
    costs shall be derived from funding described in section 549.
        (d) Surplus Property.--
                (1) Disposition.--Any personal property, including
            structures and facilities, that the Secretary
            determines cannot be efficiently managed and maintained
            either by the Forest Service or by lease or permit to
            other persons may be declared excess by the Secretary
            and--
                        (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 documentationdemonstrating 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.
                        (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
    tobe 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;
                        (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
    forconsolidation 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 approximately5,697 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 inaccordance 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.
        (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 theappropriate 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
    intoadditional 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 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 generallyapplicable 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 PURPOSE.

        (a) Findings.--Congress finds that--
                (1) Indian tribes have made significant
            achievements toward developing a foundation for
            economic self-sufficiency and self-determination, and
            that economic self-sufficiency and self-determination
            have increased opportunities for the Indian tribes and
            other entities and persons to interact more frequently
            in commerce and intergovernmental relationships;
                (2) although Indian tribes have sought and secured
            liability insurance coverage to meet their needs, many
            Indian tribes are faced with significant barriers to
            obtaining liability insurance because of the high cost
            or unavailability of such coverage in the private
            market;
                (3) as a result, Congress has extended liability
            coverage provided to Indian tribes to organizations to
            carry out activities under the Indian Self-
            Determinationand 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 appropriations 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 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
    awaiver, 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
    (includinga 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, 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,
    andfor 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 section9501(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.

                           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.

          reversion of unallotted formula funds under welfare-to-work

        Sec. 102. 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 fiscalyear 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 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, 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 organizationsestablished 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 aftersubmission 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 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. TheDirector 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 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 ofNew 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 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.
    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 theTouro
    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 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
    $25,000,000shall 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 a demonstration of public school facilities repair and
    construction to the Iowa Department of Education;and $1,000,000 shall
    be awarded to the Hechkscher Museum of Art, Long Island, New York for
    incorporating arts into education curriculum: Provided further, That of
    the amount provided for part I of title X of the Elementary and
    Secondary Education Act of 1965, $500,000 shall be for after school
    programs for the Chippewa Falls Area United School System, Wisconsin;
    $400,000 shall be for after-school programs for the Wausau School
    System, Wisconsin; $350,000 shall be for the New Rochelle School
    System, New York, after-school programs; $100,000 shall be for the New
    York Hall of Science, Queens, New York, after-school program; $25,000
    shall be for Louisville Central Community Centers Youth Education
    Program to support after-school programming; $25,000 shall be for
    Canaan's Community Development Corporation in Louisville, Kentucky for
    the Village Learning Center after-school program; $300,000 shall be for
    the Bay Shore Community Learning Wellness and Fitness Center for Drug
    Free Lifestyles in Bay Shore, New York; $2,500,000 shall be for an
    after school anti-drug pilot program in the Chicago Public Schools; and
    $400,000 shall be for the Green Bay, Wisconsin Public School System
    after school program: Provided further, That $10,000,000 of the funds
    provided for the national education research institutes shall be
    allocated notwithstanding section 931(c)(2)(B) of Public Law 103-227.

                            Departmental Management

                             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.

                                national testing

        Sec. 305. (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 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 highlyqualified 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 aidof any projects or functions within the
    Director's jurisdiction.

                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.
        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 partnershipswhich 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 FederalMediation 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
                (2) such entity has not submitted a report as
            required by that section for the most recent year
    forwhich 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

      establishment of national center for complementary and alternative
                                    medicine

        Sec. 601. 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 beappointed 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 andoperation 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 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''.

                         protection of divorced spouses

        Sec. 709. (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
                                        ``(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 throughgrade 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 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 willbe
    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 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 localeducational
    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
                            readingassessments, 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 Health and
            Human Development and the Secretary and any panel
            convened by the Office of EducationalResearch 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.''.
        (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:

    ``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 theitems relating to
    sections 731 through 737, and sections 739 through 741, of such Act.
                (2) Title vii.--Title VII of such Act is amended by
            inserting before section 738 the following:

                 ``Subtitle C--Job Training for the Homeless''.

                (3) Title 31, united states code.--Section 6703(a)
            of title 31, United States Code, is amended--
                        (A) by striking paragraph (15); and
                        (B) by redesignating paragraphs (16)
                    through (19) as paragraphs (15) through (18),
                    respectively.
        (d) References to Job Training Partnership Act Prior To
    Repeal.--
                (1) Title 5, united states code.--Section 3502(d)
            of title 5, United States Code, is amended--
                        (A) in paragraph (3)--
                                (i) in subparagraph (A), by
                            striking clause (i) and inserting the
                            following:
                        ``(i) the appropriate State dislocated
                    worker unit or office (referred to in section
                    311(b)(2) of the Job Training Partnership Act),
                    or the State or entity designated by the State
                    to carry out rapid response activities under
                    section 134(a)(2)(A) of the Workforce
                    Investment Act of 1998; and''; and
                                (ii) in subparagraph (B)(iii), by
                            striking ``other services under the Job
                            Training Partnership Act'' and
                            inserting ``other services under the
                            Job Training Partnership Act or under
                            title I of the Workforce Investment Act
                            of 1998''; and
                        (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 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 Act of 1998,
                            as appropriate''; and
                                (ii) in clause (iii), by striking
                            ``shall have the meaning given such
                            term (or the successor to such term)
                            for purposes of the Job Training
                            Partnership Act'' and inserting ``shall
                            have the meaning given such term for
                            purposes of the Job Training
                            Partnership Act or shall mean a local
                            area as defined in section 101 of the
                            Workforce Investment Act of 1998, as
                            appropriate''.
                (31) United states housing act.--Section 23 of the
            United States Housing Act of 1937 (42 U.S.C. 1437u) is
            amended--
                        (A) in subsection (b)(2)(A), by striking
                    ``the Job Training'' and all that follows
                    through ``or the'' and inserting ``the Job
                    Training Partnership Act or title I of the
                    Workforce Investment Act of 1998 or the'';
                        (B) in the first sentence of subsection
                    (f)(2), by striking ``programs under the'' and
                    all that follows through ``and the'' and
                    inserting ``programs under the Job Training
                    Partnership Act or title I of the Workforce
                    Investment Act of 1998 or the''; and
                        (C) in subsection (g)--
                                (i) in paragraph (2), by striking
                            ``programs under the'' and all that
                            follows through ``and the'' and
                            inserting ``programs under the Job
                            Training Partnership Act or title I of
                            the Workforce Investment Act of 1998 or
                            the''; and
                                (ii) in paragraph (3)(H), by
                            striking ``program under'' and all that
                            follows through ``and any other'' and
                            inserting ``programs under the Job
                            Training Partnership Act or title I of
                            the Workforce Investment Act of 1998
                            and any other''.
                (32) Housing act of 1949.--Section 504(c)(3) of the
            Housing Act of 1949 (42 U.S.C. 1474(c)(3)) is amended
            by striking ``pursuant to'' and all that follows
            through ``or the'' and inserting ``pursuant tothe 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
                        (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)) isamended
    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''.
                (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) all stages of 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 of
            mastectomy, including lymphedemas;
    in a manner determined in consultation with the attending
    physician and the patient.Such coverage may be subject to
    annual deductibles and coinsurance provisions as may be deemed
    appropriate and as are consistent with those established for other
    benefits under the plan or coverage. Written notice of the availability
    of such coverage shall be delivered to the participant upon enrollment
    and annually thereafter.
        ``(b) Notice.--A group health plan, and a health insurance
    issuer providing health insurance coverage in connection with a
    group health plan shall provide notice to each participant and
    beneficiary under such plan regarding the coverage required by
    this section in accordance with regulations promulgated by the
    Secretary. Such notice shall be in writing and prominently
    positioned in any literature or correspondence made available
    or distributed by the plan or issuer and shall be transmitted--
                ``(1) in the next mailing made by the plan or
            issuer to the participant or beneficiary;
                ``(2) as part of any yearly informational packet
            sent to the participant or beneficiary; or
                ``(3) not later than January 1, 1999;
    whichever is earlier.
        ``(c) Prohibitions.--A group health plan, and a health
    insurance issuer offering group health insurance coverage in
    connection with a group health plan, may not--
                ``(1) deny to a patient eligibility, or continued
            eligibility, to enroll or to renew coverage under the
            terms of the plan, solely for the purpose of avoiding
            the requirements of this section; and
                ``(2) penalize or otherwise reduce or limit the
            reimbursement of an attending provider, or provide
            incentives (monetary or otherwise) to an attending
            provider, to induce such provider to provide care to an
            individual participant or beneficiary in a manner
            inconsistent with this section.
        ``(d) Rule of Construction.--Nothing in this section shall
    be construed to prevent a group health plan or a health
    insurance issuer offering group health insurance coverage from
    negotiating the level and type of reimbursement with a provider
    for care provided in accordance with this section.
        ``(e) Preemption, Relation to State Laws.--
                ``(1) In general.--Nothing in this section shall be
            construed to preempt any State law in effect on the
            date of enactment of this section with respect to
            health insurance coverage that requires coverage of at
            least the coverage of reconstructive breast surgery
            otherwise required under this section.
                ``(2) ERISA.--Nothing in this section shall be
            construed to affect or modify the provisions of section
            514 with respect to group health plans.''.
        (b) Clerical Amendment.--The table of contents in section 1
    of the Employee Retirement Income Security Act of 1974 (29
    U.S.C. 1001 note) is amended by inserting after the item
    relating to section 712 the following new item:

    ``Sec. 713. Required coverage reconstructive surgery following
              mastectomies.''.

        (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 ``Departments of Labor,
    Health and Human Services, and Education, and Related Agencies
    Appropriations Act, 1999''.
          (g) For programs, projects or activities in the
    Department of Transportation and Related Agencies
    Appropriations Act, 1999, provided as follows, to be effective
    as if it had been enacted into law as the regular
    appropriations Act:

     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 97-377, 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 toamounts 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 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 morethan $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, 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 deedof
    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 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
      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
     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
     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;
                $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 September30, 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 September30, 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 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 States Code (other than activities to
            which paragraph (1) applies and programs to which
            paragraph (4) applies) by multiplying the ratio
            determined under paragraph (3) by the sums authorized
            to be appropriated for such program for such fiscal
            year; and
                (6) distribute the obligation limitation provided
            for Federal-aid Highways less the aggregate amounts not
            distributed under paragraphs (1) and (2) and amounts
            distributed under paragraphs (4) and (5) for Federal-
            aid highways and highway safetyconstruction 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
    airportimprovement program grant. The FAA shall accept such equipment,
    which shall thereafter be operated and maintained by the FAA in
    accordance with agency criteria.
        Sec. 315. None of the funds in this Act shall be available
    to award a multiyear contract for production end items that:
    (1) includes economic order quantity or long lead time material
    procurement in excess of $10,000,000 in any one year of the
    contract; (2) includes a cancellation charge greater than
    $10,000,000 which at the time of obligation has not been
    appropriated to the limits of the Government's liability; or
    (3) includes a requirement that permits performance under the
    contract during the second and subsequent years of the contract
    without conditioning such performance upon the appropriation of
    funds: Provided, That this limitation does not apply to a
    contract in which the Federal Government incurs no financial
    liability from not buying additional systems, subsystems, or
    components beyond the basic contract requirements.
        Sec. 316. Section 218 of title 23, United States Code, is
    amended--
                (1) in subsection (a)--
                        (A) in the first sentence by striking ``the
                    south Alaskan border'' and inserting ``Haines''
                    in lieu thereof;
                        (B) in the third sentence by striking
                    ``highway'' and inserting ``highway or the
                    Alaska Marine Highway System'' in lieu thereof;
                        (C) in the fourth sentence by striking
                    ``any other fiscal year thereafter'' and
                    inserting ``any other fiscal year thereafter,
                    including any portion of any other fiscal year
                    thereafter, prior to the date of the enactment
                    of the Transportation Equity Act for the 21st
                    Century'' in lieu thereof;
                        (D) in the fifth sentence by striking
                    ``construction of such highways until an
                    agreement'' and inserting ``construction of the
                    portion of such highways that are in Canada
                    until an agreement'' in lieu thereof; and
                (2) in subsection (b) by inserting ``in Canada''
            after ``undertaken''.
        Sec. 317. Notwithstanding any other provision of law, and
    except for fixed guideway modernization projects, funds made
    available by this Act under ``Federal Transit Administration,
    Capital investment grants'' for projects specified in this Act
    or identified in reports accompanying this Act not obligated by
    September 30, 2001, and other recoveries, shall be made
    available for other projects under 49 U.S.C. 5309.
        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 Lightin 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.

                             bulk fuel storage tank

        Sec. 329. (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--
                (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 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 property satisfactorily
    meets the conversion criteria regarding reasonably equivalent
    recreation usefulness and location.
        (2) The Town may not use the property referred to in
    paragraph (1) for the purpose specified in that paragraph
    unless the property conveyed under subsection (a) provides
    opportunities for recreational activities that are reasonably
    similar to the opportunities for recreational activities
    provided by the property referred to in paragraph (1).
        (e) The Commandant may require such additional terms and
    conditions in connection with the conveyance under subsection
    (a), and the grants of any easements or rights-of-way under
    subsection (b), as the Commandant considers appropriate to
    protect the interests of the United States.
          Sec. 372. None of the Funds made available under this Act
    or any other Act, may be used to implement, carry out, or
    enforce any regulation issued under section 41705 of title 49,
    United States Code, including any regulation contained in part
    382 of title 14, Code of Federal Regulations, or any other
    provision of law (including any Act of Congress, regulation, or
    Executive order or any official guidance or correspondence
    thereto), that requires or encourages an air carrier (as that
    term is defined in section 40102 of title 49, United States
    Code) to, on intrastate or interstate air transportation (as
    those terms are defined in section 40102 of title 49, United
    States Code)--
                (1) provide a peanut-free buffer zone or any other
            related peanut-restricted area; or
                (2) restrict the distribution of peanuts,
    until 90 days after submission to the Congress and the
    Secretary of a peer-reviewed scientific study that determines
    that there are severe reactions by passengers to peanuts as a
    result of contact with very small airborne peanut particles of
    the kind that passengers might encounter in an aircraft.

    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 enforcementpersonnel 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 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 andlocal 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 cyber-smuggling 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 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

        Sec. 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 approvalis 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.
        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.

               exception to immunity from attachment or execution

        Sec. 117. (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 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 agenciesto 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 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 priceplus 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 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 newfence 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, theJudicial 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 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.

                   department of transportation headquarters

        Sec. 410. (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 any way
    to achieve this goal.

                     Environmental Dispute Resolution Fund

        For payment to the Environmental Dispute Resolution Fund to
    carry out activities authorized in the Environmental Policy and
    Conflict Resolution Act of 1997, $4,250,000, to remain
    available until expended, of which $3,000,000 will be for
    capitalization of the Fund, and $1,250,000 will be for annual
    operating expenses.

                         Merit Systems Protection Board

                             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, 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. 515. Hereafter, any payment of attorneys fees, costs,
    and sanctions required to be made by the Federal Government
    pursuant to the order of the district court in the case
    Association of American Physicians and Surgeons, Inc. v.
    Clinton, 989 F. Supp. 8 (1997), or any appeal of such case,
    shall be derived by transfer from amounts made available in
    this or any other Act for any fiscal year for ``Compensation of
    the President and the White House Office--Salaries and
    Expenses''.
        Sec. 516. Notwithstanding Section 515 of Public Law 104-
    208, fifty percent of the unobligated balances available to the
    White House Office, Salaries and Expenses appropriations in
    fiscal year 1997, shall remain available through September 30,
    1999, for the purposes of satisfying the conditions of Section
    515 of this Act.
        Sec. 517. The Morris K. Udall Scholarship and Excellence in
    National Environmental and Native American Public Policy Act of
    1992, as amended (20 U.S.C. 5601 et seq.), is amended as
    follows:
                (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 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 alienfrom 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 forwhich 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 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.

              federal firefighters overtime pay reform act of 1998

        Sec. 628. (a) In General.--Subchapter V of chapter 55 of
    title 5, United States Code, is amended--
                (1) in section 5542 by adding at the end the
            following new subsection:
        ``(f) In applying subsection (a) of this section with
    respect to a firefighter who is subject to section 5545b--
                ``(1) such subsection shall be deemed to apply to
            hours of work officially ordered or approved in excess
            of 106 hours in a biweekly pay period, or, if the
            agency establishes a weekly basis for overtime pay
            computation, in excess of 53 hours in an administrative
            workweek; and
                ``(2) the overtime hourly rate of pay is an amount
            equal to one and one-half times the hourly rate of
            basic pay under section 5545b (b)(1)(A) or (c)(1)(B),
            as applicable, and such overtime hourly rate of pay may
            not be less than such hourly rate of basic pay in
            applying the limitation on the overtime rate provided
            in paragraph (2) of such subsection (a).''; and
                (2) by inserting after section 5545a the following
            new section:

    ``Sec. 5545b. Pay for firefighters

        ``(a) This section applies to an employee whose position is
    classified in the firefighter occupation in conformance with
    the GS-081 standard published by the Office of Personnel
    Management, and whose normal work schedule, as in effect
    throughout the year, consists of regular tours of duty which
    average at least 106 hours per biweekly pay period.
        ``(b)(1) If the regular tour of duty of a firefighter
    subject to this section generally consists of 24-hour shifts,
    rather than a basic 40-hour workweek (as determined under
    regulations prescribed by the Office of Personnel Management),
    section 5504(b) shall be applied as follows in computing pay--
                ``(A) paragraph (1) of such section shall be deemed
            to require that the annual rate be divided by 2756 to
            derive the hourly rate; and
                ``(B) the computation of such firefighter's daily,
            weekly, or biweekly rate shall be based on the hourly
            rate under subparagraph (A);
        ``(2) For the purpose of sections 5595(c), 5941, 8331(3),
    and 8704(c), and for such other purposes as may be expressly
    provided for by law or as the Office of Personnel Management
    may by regulation prescribe, the basic pay of a firefighter
    subject to this subsection shall include an amount equal to the
    firefighter's basic hourly rate (as computed under paragraph
    (1)(A)) for all hours in such firefighter's regular tour of
    duty (including overtime hours).
        ``(c)(1) If the regular tour of duty of a firefighter
    subject to this section includes a basic 40-hour workweek (as
    determined under regulations prescribed by the Office of
    Personnel Management), section 5504(b) shall be applied as
    follows in computing pay--
                ``(A) the provisions of such section shall apply to
            the hours within the basic 40-hour workweek;
                ``(B) for hours outside the basic 40-hour workweek,
            such section shall be deemed to require that the hourly
            rate be derived by dividing the annual rate by 2756;
            and
                ``(C) the computation of such firefighter's daily,
            weekly, or biweekly rate shall be based on
            subparagraphs (A) and (B), as each applies to the hours
            involved.
        ``(2) For purposes of sections 5595(c), 5941, 8331(3), and
    8704(c), and for such other purposes as may be expressly
    provided for by law or as the Office of Personnel Management
    may by regulation prescribe, the basic pay of a firefighter
    subject to this subsection shall include--
                ``(A) an amount computed under paragraph (1)(A) for
            the hours within the basic 40-hour workweek; and
                ``(B) an amount equal to the firefighter's basic
            hourly rate (as computed under paragraph (1)(B)) for
            all hours outside the basic 40-hour workweek that are
            within such firefighter's regular tour of duty
            (including overtime hours).
        ``(d)(1) A firefighter who is subject to this section shall
    receive overtime pay in accordance with section 5542, but shall
    not receive premium pay provided by other provisions of this
    subchapter.
        ``(2) For the purpose of applying section 7(k) of the Fair
    Labor Standards Act of 1938 to a firefighter who is subject to
    this section, no violation referred to in such section 7(k)
    shall be deemed to have occurred if the requirements of section
    5542(a) are met, applying section 5542(a) as provided in
    subsection (f) of that section: 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 paidbasic
    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:

    ``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 consultwith
    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 Governmentagents); 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 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 sections 5303 and 5304 of title 5, United States Code,
    shall be an increase of 3.6 percent.
        (b) Funds used to carry out this section shall be paid from
    appropriations which are made to each applicable department or
    agency for salaries and expenses for fiscal year 1999.

                    international mail reporting requirement

        Sec. 648. (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''.

                         importation of certain grains

        Sec. 650. (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).

             designation of eugene j. mccarthy post office building

        Sec. 651. (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''.

           assessment of federal regulations and policies on families

        Sec. 654. (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; and
                (2) any existing or future plan, if the plan
            objects to such coverage on the basis of religious
            beliefs.
          (c) In implementing this section, any plan that enters
    into or renews a contract under this section may not subject
    any individual to discrimination on the basis that the
    individual refuses to prescribe contraceptives because such
    activities would be contrary to the individual's religious
    beliefs or moral convictions.
          (d) Nothing in this section shall be construed to require
    coverage of abortion or abortion-related services.

                TITLE VIII--TECHNICAL AND CLARIFYING AMENDMENTS

    SEC. 801. TECHNICAL AND CLARIFYING AMENDMENTS RELATING TO DISTRICT OF
                        COLUMBIA RETIREMENT FUNDS.

        (a) Permitting Other Federal Entities To Administer
    Program.--Section 11003 of the Balanced Budget Act of 1997 (DC
    Code, sec. 1-761.2) is amended--
                (1) in paragraph (1), by inserting ``, and includes
            any agreement with a department, agency, or
            instrumentality of the United States entered into under
            that section'' after ``the Trustee''; and
                (2) in paragraph (10), by striking ``, partnership,
            joint venture, corporation, mutual company, joint-stock
            company, trust, 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 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 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''.

               adjustment of status of certain haitian nationals

        Sec. 902. (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)(1), respectively.
                (B) The number of aliens described in subparagraph
            (A) whose status was adjusted under this section,
            including a breakdown described in the subparagraph.
                (2)(A) The number of aliens who applied for
            adjustment of status under subsection (d), including a
            breakdown specifying the number of such applicants who
            are sponsors, children, or unmarried sons or daughters
            described in such subsection, respectively.
                (B) The number of aliens described in subparagraph
            (A) whose status was adjusted under this section,
            including a breakdown described in the subparagraph.

                 collection of data on detained asylum seekers

        Sec. 903. (a) In General.--The Attorney General shall
    regularly collect data on a nation-wide basis with respect to
    asylum seekers in detention in the United States, including the
    following information:
                (1) The number of detainees.
                (2) An identification of the countries of origin of
            the detainees.
                (3) The percentage of each gender within the total
            number of detainees.
                (4) The number of detainees listed by each year of
            age of the detainees.
                (5) The location of each detainee by detention
            facility.
                (6) With respect to each facility where detainees
            are held, whether the facility is also used to detain
            criminals and whether any of the detainees are held in
            the same cells as criminals.
                (7) The number and frequency of the transfers of
            detainees between detention facilities.
                (8) The average length of detention and the number
            of detainees by category of the length of detention.
                (9) The rate of release from detention of detainees
            for each district of the Immigration and Naturalization
            Service.
                (10) A description of the disposition of cases.
        (b) Annual Reports.--Beginning October 1, 1999, and not
    later than October 1 of each year thereafter, the Attorney
    General shall submit to the Committee on the Judiciary of each
    House of Congress a report setting forth the data collected
    under subsection (a) for the fiscal year ending September 30 of
    that year.
        (c) Availability to Public.--Copies of the data collected
    under subsection (a) shall be made available to members of the
    public upon request pursuant to such regulations as the
    Attorney General shall prescribe.

                  collection of data on other detained aliens

        Sec. 904. (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.

             repurchase of bonds by the tennessee valley authority

        Sec. 103. (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 Departmentof
    Transportation and Related Agencies Appropriations Act, 1999 for
    discretionary grants under the obligation limitation for Federal
    Aviation Administration, ``Grants-in-Aid for Airports'' in fiscal year
    1999, not less than $11,250,000 shall be made available for capital
    improvement projects at the Wilkes-Barre/Scranton International
    Airport.
        Sec. 118. Notwithstanding any other provision of law,
    within the funding made available in the Department of
    Transportation and Related Agencies Appropriations Act, 1999
    for discretionary grants under the obligation limitation for
    Federal Aviation Administration, ``Grants-in-Aid for Airports''
    in fiscal year 1999, not less than $7,000,000 shall be made
    available for capital improvement projects at the Minneapolis-
    St. Paul International Airport.
        Sec. 119. The Legislative Branch Appropriations Act, 1999,
    is amended by amending the item relating to ``JOINT ITEMS--
    Joint Committee on Printing'' to read as follows:

                         ``Joint Committee on Printing

        ``For salaries and expenses of the Joint Committee on
    Printing, $202,000, to be disbursed by the Secretary of the
    Senate, together with an additional amount of $150,000 if there
    is enacted into law legislation which transfers the legislative
    and oversight responsibilities of the Joint Committee on
    Printing to the Committee on House Oversight of the House of
    Representatives: Provided, That such additional amount shall be
    transferred to the Committee on House Oversight of the House of
    Representatives and made available beginning January 1, 1999:
    Provided further, That such additional amount shall be
    disbursed by the Chief Administrative Officer of the House of
    Representatives.''.
        Sec. 120. For carrying out the provisions of division C,
    title II of this Act, $30,000,000, including $750,000 for the
    cost of the direct loan under section 207(a), $20,000,000 for
    the payments in section 207(d), $250,000 for the cost of direct
    loans under section 211(e), $1,000,000 for the cost of a direct
    loan in the Bering Sea and Aleutian Islands crab fisheries
    under the authority of section 312(b) of the Magnuson-Stevens
    Fishery Conservation and Management Act (16 U.S.C. 1861a(b)),
    and $6,000,000 and $2,000,000 for the Secretary of Commerce and
    Secretary of Transportation, respectively, to implement
    division C, title II.
        Sec. 121. In addition to amounts provided in the conference
    report accompanying H.R. 4194 (H. Rept. 105-769), the following
    funds are hereby appropriated: $10,000,000 for ``Housing
    opportunities for persons with AIDS'', to remain available
    until expended; $45,000,000 to the Secretary of Housing and
    Urban Development 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.

                        trade deficit review commission

        Sec. 127. (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.
                (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.
        Sec. 130. Notwithstanding section 11031 of the National
    Capital Revitalization and Self-Government Improvement Act of
    1997 or any other provision of law and not later than September
    30, 1999, the Secretary of the Treasury shall invest, or direct
    the Trustee to invest, the assets of the Trust Fund in public
    debt securities with maturities suitable to the needs of the
    Trust Fund, as determined by the Secretary, and bearing
    interest at rates determined by the Secretary, taking into
    consideration current market yields on outstanding marketable
    obligations of the United States of comparable maturities.
        Sec. 131. To capitalize the District of Columbia National
    Capital Revitalization Corporation, as authorized by the
    District Council, $25,000,000 to remain available until
    expended for economic development planning, project
    development, capital investments, loans, grants, administrative
    expenses and other purposes included in the District Council's
    authorizing legislation: Provided, That no funds shall be
    available unless the Secretary of the Treasury, in consultation
    with the Director of the Office of Management and Budget,
    determines that the Corporation advances the purposes of the
    National Capital Revitalization and Self-Government Improvement
    Act of 1997: Provided further, That the Secretary, after
    apportionment pursuant to 31 U.S.C. 1512, may provide for the
    disbursement of funds in the manner provided for Federal grant
    programs.
        Sec. 132. For a Federal payment to the District of Columbia
    Public Schools, $30,000,000, for special education costs.
        Sec. 133. For payment to the District of Columbia,
    $20,000,000 which shall be deposited into an escrow account of
    the District of Columbia Financial Responsibility and
    Management Assistance Authority, and shall be disbursed from
    such escrow account by the Authority for Year 2000 information
    technology and related chip replacement projects approved by
    the Authority: Provided, That, for purposes of any
    appropriations made by this or any other Act, for emergency
    expenses related to Year 2000 conversion of Federal information
    technology systems, and related expenses, the Government of the
    District of Columbia shall be considered an agency of the
    United States Government: Provided further, That, any funds
    provided pursuant to the preceding proviso shall be in addition
    to funds appropriated directly under this paragraph.
        Sec. 134. For a Federal contribution to the District of
    Columbia for the costs of infrastructure needs, which shall be
    deposited into an escrow account of the District of Columbia
    Financial Responsibility and Management Assistance Authority
    and disbursed by the Authority from such account for the repair
    and maintenance of 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 thesame 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 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 officialbudget 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 theSecretary 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 thetransfer 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''.
        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 strikingout
    ``$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 theentire 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 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 civilianlaw enforcement personnel;'' after
    ``the transportation of civilian law enforcement personnel''; and
                        (B) by striking ``and'';
                (4) in subsection (b)(2)(F)(ii)--
                        (A) by inserting ``and supporting'' after
                    ``the operation of a base of operations for
                    civilian law enforcement'';
                        (B) by striking the period at the end and
                    inserting in lieu thereof ``; and''; and
                        (C) by inserting at the end the following
                    new clause:
                        ``(iii) the transportation of suspected
                    terrorists from foreign countries to the United
                    States for trial (so long as the requesting
                    Federal law enforcement agency provides all
                    security for such transportation and maintains
                    custody over the suspect through the duration
                    of the transportation).'';
                (5) in subsection (b)(4)(A), by striking ``an'' and
            inserting in lieu thereof ``a Federal''; and
                (6) in subsection (b)(4)(A), by inserting a new
            clause ``(v) Any law, foreign or domestic, prohibiting
            terrorist activities.'' after ``(iv) The Maritime Drug
            Law Enforcement Act (46 U.S.C. App. 1901 et seq.).''.

                         (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 andemergency 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 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 anemergency 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, 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 entireamount 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 entire amount shall be available only to the
    extent that an official budget request for a specific dollar
    amount that includes designation of the entire amount of the
    request as an emergency requirement as defined in the Balanced
    Budget and Emergency Deficit Control Act of 1985, as amended,
    is transmitted by the President to the Congress: Provided
    further, That the entire amount is designated by the Congress
    as an emergency requirement pursuant to section 251(b)(2)(A) of
    the Balanced Budget and Emergency Deficit Control Act of 1985,
    as amended.

                                   CHAPTER 4

                           DEPARTMENT OF THE INTERIOR

                    United States Fish and Wildlife Service

                                  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
    Actof 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 notcover the costs of unmet
    needs identified by the Director, the most recent estimates of unmet
    needs (including all uses of waivers and the reasons therefore), and an
    explanation of how the disaster impacted the proposed project: Provided
    further, That the Secretary and the Director shall submit quarterly
    reports to the Committees on Appropriations regarding the actual
    projects, localities and needs for which funds have been provided:
    Provided further, That these reports shall be based upon quarterly
    reports submitted to the Secretary and the Director by each state
    receiving funds under this heading: Provided further, That the entire
    amount shall be available only to the extent an official budget
    request, that includes designation of the entire amount of the request
    as an emergency requirement as defined by the Balanced Budget and
    Emergency Deficit Control Act of 1985, as amended, is transmitted by
    the President to the Congress: Provided further, That the entire amount
    is designated by the Congress as an emergency requirement pursuant to
    section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit
    Control Act of 1985, as amended.

                               INDEPENDENT AGENCY

                      Federal Emergency Management Agency

                                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 inthe 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 expendedfor 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 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

            acting treasury inspector general for tax administration

        Sec. 101. (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.''.

                    intrastate bus transportation in hawaii

        Sec. 106. 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.

                             operation of trailers

        Sec. 109. (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 based in whole or in part upon the nonpayment of a State
    registration fee (including relatedweight 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.

             reauthorization of the federal aviation administration

        Sec. 110. (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,
    orreceiving of date or date/time data from, into, and between the
    twentieth and twenty-first centuries, and the years 1999 and 2000, and
    leap year calculations.
        (e) Scorekeeping Adjustment.--Notwithstanding Rule 3 of the
    Budget Scorekeeping Guidelines set forth in the Joint
    Explanatory Statement of the Committee of Conference
    accompanying Conference Report No. 105-217, legislation in this
    section that would have been estimated by the Office of
    Management and Budget as changing direct spending or receipts
    under section 252 of the Balanced Budget and Emergency Deficit
    Control Act of 1985 were it included in an Act other than an
    appropriation Act shall be treated as direct spending or
    receipts legislation, as appropriate, under section 252 of the
    Balanced Budget and Emergency Deficit Control Act of 1985.
        (f) Joint Venture Agreements.--
                (1) In general.--Subchapter I of chapter 417 is
            amended by adding at the end the following:

    ``Sec. 41716. Joint venture agreements

        ``(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 (B), the
                    Secretary shall transmit to Congress a report
                    containing the response of the Secretary to the
                    findings and recommendations of the National
                    Research Council.
                (2) Report to congress.--The Secretary shall
            conduct a study and transmit to Congress a report that
            includes--
                        (A) a description of any complaints
                    received by the Secretary concerning acts of
                    unfair competition or predatory pricing in the
                    airline industry (including the number of such
                    complaints) and of specific examples of such
                    acts;
                        (B) a description of the options of the
                    Secretary for addressing any acts of unfair
                    competition or predatory pricing identified
                    under paragraph (a);
                        (C) an analysis of the guidelines proposed
                    in Docket OST-98-3713, including information
                    documenting and quantifying the impact of the
                    guidelines on the items listed in subsection
                    (3)(C); and
                        (D) a description of the manner in which
                    the Secretary plans to coordinate the handling
                    of predatory pricing and unfair competition
                    complaints against air carriers filed with the
                    Secretary and similar complaints filed with the
                    Attorney General, including methods to ensure
                    efficient use of limited government resources
                    and to ensure that all parties avoid duplicate
                    requests by government agencies for information
                    unless each of the agencies needs the
                    information to carry out its statutory
                    responsibilities.
                (3) Guidelines.--
                        (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.

                      steel imports into the united states

        Sec. 111. (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.

     inclusion of spirit mound, south dakota, on the lewis and clark trail

        Sec. 112. (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''.

               designation of lieutenant henry o. flipper station

        Sec. 115. (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''.

                william r. ``billy'' rolle post office building

        Sec. 116. (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''.

                       helen miller post office building

        Sec. 117. (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''.

                        essie silva post office building

        Sec. 118. (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''.

                       athalie range post office building

        Sec. 119. (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''.

                     garth reeves, sr. post office building

        Sec. 120. (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 MidwestPost Office
    Building, shall be known and designated as the ``Nancy B. Jefferson
    Post Office Building''.
        (b) References.--Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the
    building referred to in subsection (a) shall be deemed to be a
    reference to the ``Nancy B. Jefferson Post Office Building''.
        Sec. 123. (a) Redesignation.--The facility of the United
    States Postal Service located at 9719 Candelaria Road NE in
    Albuquerque, New Mexico, and known as the Eldorado Station Post
    Office, shall be known and designated as the ``Steve Schiff
    Post Office''.
        (b) References.--Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the
    facility referred to in subsection (a) shall be deemed to be a
    reference to the ``Steve Schiff Post Office''.
        Sec. 124. (a) Designation.--The United States Post Office
    located at 860 Penniman Avenue in Plymouth, Michigan, shall be
    known and designated as the ``Carl D. Pursell Post Office''.
        (b) References.--Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the
    United States Post Office referred to in subsection (a) shall
    be deemed to be a reference to the ``Carl D. Pursell Post
    Office''.
        Sec. 125. (a) Designation.--The United States Post Office
    located at 202 Center Street in Garwood, New Jersey, shall be
    known and designated as the ``James T. Leonard, Sr. Post
    Office''.
        (b) References.--Any reference in a law, map, regulation,
    document, paper, or other record of the United States to the
    United States Post Office referred to in subsection (a) shall
    be deemed to be a reference to the ``James T. Leonard, Sr. Post
    Office''.

                  edgar c. campbell, sr., post office building

        Sec. 126. (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''.

                 david p. richardson, jr., post office building

        Sec. 127. (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 referredto 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.

                   flood mitigation near pierre, south dakota

        Sec. 136. (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 publicownership
    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.

                                police corps act

        Sec. 138. (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''.

               congressional gold medals and commemorative coins

        Sec. 139. (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 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 appropriate design--
                        (A) in recognition of their dedicated
                    public service and outstanding humanitarian
                    contributions to the people of the United
                    States; and
                        (B) in commemoration of the following
                    occasions in 1998:
                                (i) The 85th anniversary of the
                            birth of President Ford.
                                (ii) The 80th anniversary of the
                            birth of Mrs. Ford.
                                (iii) The 50th wedding anniversary
                            of President and Mrs. Ford.
                                (iv) The 50th anniversary of the
                            1st election of Gerald R. Ford to the
                            United States 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 tomaintain the security of the
    Lorton Correctional Complex until its closure;
                                ``(ii) prepare a report of title,
                            complete a property description,
                            provide protection and maintenance,
                            conduct an environmental assessment of
                            the property to determine the extent of
                            contamination, complete National
                            Environmental Policy Act of 1969 (42
                            U.S.C. 4331 et seq.) and National
                            Historic Preservation Act (16 U.S.C.
                            470 et seq.) processes for closure and
                            disposal of the property, and provide
                            an estimate of the cost for remediation
                            and contingent on receiving the
                            necessary appropriations complete the
                            remediation in compliance with
                            applicable Federal and State
                            environmental laws;
                                ``(iii) develop a disposition
                            strategy incorporating the Fairfax
                            County reuse plan and the Department of
                            the Interior's land transfer request,
                            and resolve conflicts between the plan
                            and the transfer request, or between
                            the reuse plan, the transfer request
                            and the results of the environmental
                            studies;
                                ``(iv) negotiate with any entity
                            that has a lease, agreement, memorandum
                            of understanding, right-of-way, or
                            easement with the District of Columbia
                            to occupy or utilize any parcels of
                            such property on the date of the
                            enactment of this title, to perfect or
                            extend 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.''.

                           olympic and amateur sports

        Sec. 142. (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
            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
            organizationhave 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'';
                (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''.

      modification of land conveyance authority, armed forces retirement
                                     home.

        Sec. 145. (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)).''.

      certification of exports of missile equipment or technology to china

        Sec. 146. (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 laws 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.
        ``(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 receivingnominations
    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 Representatives;
                ``(4) the appropriate committees of jurisdiction of
            the Senate and House of Representatives;
                ``(5) the President; and
                ``(6) the Office of Personnel Management.

    ``Sec. 3349a. Presidential inaugural transitions

        ``(a) In this section, the term `transitional inauguration
    day' means the date on which any person swears or affirms the
    oath of office as President, if such person is not the
    President on the date preceding the date of swearing or
    affirming such oath of office.
        ``(b) With respect to any vacancy that exists during the
    60-day period beginning on a transitional inauguration day, the
    210-day period under section 3346 or 3348 shall be deemed to
    begin on the later of the date occurring--
                ``(1) 90 days after such transitional inauguration
            day; or
                ``(2) 90 days after the date on which the vacancy
            occurs.

    ``Sec. 3349b. Holdover provisions

        ``Sections 3345 through 3349a shall not be construed to
    affect any statute that authorizes a person to continue to
    serve in any office--
                ``(1) after the expiration of the term for which
            such person is appointed; and
                ``(2) until a successor is appointed or a specified
            period of time has expired.

    ``Sec. 3349c. Exclusion of certain officers

        ``Sections 3345 through 3349b shall not apply to--
                ``(1) any member who is appointed by the President,
            by and with the advice and consent of the Senate to any
            board, commission, or similar entity that--
                        ``(A) is composed of multiple members; and
                        ``(B) governs an independent establishment
                    or Government corporation;
                ``(2) any commissioner of the Federal Energy
            Regulatory Commission;
                ``(3) any member of the Surface Transportation
            Board; or
                ``(4) any judge appointed by the President, by and
            with the advice and consent of the Senate, to a court
            constituted under article I of the United States
            Constitution.

    ``Sec. 3349d. Notification of intent to nominate during certain
                        recesses or adjournments

        ``(a) The submission to the Senate, during a recess or
    adjournment of the Senate in excess of 15 days, of a written
    notification by the President of the President's intention to
    submit a nomination after the recess or adjournment shall be
    considered a nomination for purposes of sections 3345 through
    3349c if such notification contains the name of the proposed
    nominee and the office for which the person is nominated.
        ``(b) If the President does not submit a nomination of the
    person named under subsection (a) within 2 days after the end
    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
                    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 trustee only with the approval of the Secretary.
        ``(C) A right under a mortgage of a vessel with a fishery
    endorsement may be issued, assigned, or transferred to a person
    not eligible to be a mortgagee of that vessel under section
    31322(a)(4) of this title only with the approval of the
    Secretary.
        ``(D) The issuance, assignment, or transfer of an
    instrument or evidence of indebtedness contrary to this
    paragraph is voidable by the Secretary.
        ``(5) The requirements of this subsection shall not apply
    to a vessel when it is engaged in fisheries in the exclusive
    economic zone under the authority of the Western Pacific
    Fishery Management Council established under section
    302(a)(1)(H) of the Magnuson-Stevens Fishery Conservation and
    Management Act (16 U.S.C. 1852(a)(1)(H)) or to a purse seine
    vessel when it is engaged in tuna fishing in the Pacific Ocean
    outside the exclusive economic zone of the United States or
    pursuant to the South Pacific Regional Fisheries Treaty,
    provided that the owner of the vessel continues to comply with
    the eligibility requirements for a fishery endorsement under
    the federal law that was in effect on October 1, 1998. A
    fishery endorsement issued by the Secretary pursuant to this
    paragraph shall be valid for engaging only in fisheries in the
    exclusive economic zone under the authority of such Council, in
    such tuna fishing in the Pacific Ocean, or pursuant to such
    Treaty.
        ``(6) A vessel greater than 165 feet in registered length,
    of more than 750 gross registered tons, or that has an engine
    or engines capable of producing a total of more than 3,000
    shaft horsepower is not eligible for a fishery endorsement
    under section 12108 of this title unless--
                ``(A)(i) a certificate of documentation was issued
            for the vessel and endorsed with a fishery endorsement
            that was effective on September 25, 1997;
                ``(ii) the vessel is not placed under foreign
            registry after the date of the enactment of the
            American Fisheries Act; and
                ``(iii) in the event of the invalidation of the
            fishery endorsement after the date of the enactment of
            the American Fisheries Act, application is made for a
            new fishery endorsement within fifteen (15) business
            days of such invalidation; or
                ``(B) the owner of such vessel demonstrates to the
            Secretary that the regional fishery management council
            of jurisdiction established under section 302(a)(1) of
            the Magnuson-Stevens Fishery Conservation and
            Management Act (16 U.S.C. 1852(a)(1)) has recommended
            after the date of the enactment of the American
            Fisheries Act, and the Secretary of Commerce has
            approved, conservation and management measures in
            accordance with such Act to allow such vessel to be
            used in fisheries under such council's authority.''.
        (b) Preferred Mortgage.--Section 31322(a) of title 46,
    United States Code is amended--
                (1) by striking ``and'' at the end of paragraph
            (2);
                (2) by striking the period at the end of paragraph
            (3)(B) and inserting in lieu thereof a semicolon and
            ``and''; and
                (3) by inserting at the end the following new
            paragraph:
                ``(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 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
    tonsper 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 outside 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 amountof the
    harvest of pollock in the directed pollock fishery by each such vessel
    in 1997 in such manner as the Secretary deems appropriate,
    except that any such payments shall be reduced by any
    obligation to the federal government that has not been
    satisfied by such owner or owners of any such vessels.
        (e) Penalty.--If the catcher/processor under paragraph (1)
    of section 209 is used outside of the exclusive economic zone
    of the United States to harvest any stock of fish that occurs
    within the exclusive economic zone of the United States while
    the owner who received the payment under subsection (d)(1)(A)
    has an ownership interest in such vessel, or if the catcher/
    processors listed in paragraphs (2) through (9) of section 209
    are determined by the Secretary not to have been scrapped by
    December 31, 2000 or to have been used in a manner inconsistent
    with subsection (d)(1)(B), the Secretary may suspend any or all
    of the federal permits which allow any vessels owned in whole
    or in part by the owner or owners who received payments under
    subsection (d)(1) to harvest or process fish within the
    exclusive economic zone of the United States until such time as
    the obligations of such owner or owners under subsection (d)(1)
    have been fulfilled to the satisfaction of the Secretary.
        (f) Program Defined; Maturity.--For the purposes of section
    1111 of the Merchant Marine Act, 1936 (46 U.S.C. App. 1279f),
    the fishing capacity reduction program in this subtitle shall
    be within the meaning of the term ``program'' as defined and
    used in such section. Notwithstanding section 1111(b)(4) of
    such Act (46 U.S.C. App. 1279f(b)(4)), the debt obligation
    under subsection (a) of this section may have a maturity not to
    exceed 30 years.
        (g) 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).

    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
    processor under subsection (a), subsection (c)(21), or
    subsection (f) before January 1, 2000, such vessel or shoreside
    processor, upon the filing of anapplication 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
    (includingbycatch) 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) 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 thedirected 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 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
    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 Councilshall 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
    submittedby 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--
                        (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, UnitedStates 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 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 section101(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 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 theAttorney
    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 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 theinformation 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 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 submitsto 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 suchapplicants, 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.
                        (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.
                (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 SiouxTribe 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).
                (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
            recreationuse by the Corps of Engineers on the date of
    enactment of this Act;
                (2) is located within the external boundaries of a
            reservation of an Indian Tribe; and
                (3) is located within the State of South Dakota.
        (d) Map.--
                (1) In general.--The Secretary, in consultation
            with the governing bodies of the Cheyenne River Sioux
            Tribe and the Lower Brule Sioux Tribe, shall prepare a
            map of the land transferred under this section.
                (2) Land.--The map shall identify--
                        (A) land reasonably expected to be required
                    for project purposes during the 20-year period
                    beginning on the date of enactment of this Act;
                    and
                        (B) dams and related structures;
            which shall be retained by the Secretary.
                (3) Availability.--The map shall be on file in the
            appropriate offices of the Secretary.
        (e) Schedule for Transfer.--
                (1) In general.--Not later than 1 year after the
            date of enactment of this Act, the Secretary and the
            Chairmen of the Cheyenne River Sioux Tribe and the
            Lower Brule Sioux Tribe shall jointly develop a
            schedule for transferring the land and recreation areas
            under this section.
                (2) Transfer deadline.--All land and recreation
            areas shall be transferred not later than 1 year after
            the full capitalization of the State and tribal Trust
            Fund described in section 804.
        (f) Transfer Conditions.--The land and recreation areas
    described in subsections (b) and (c) shall be transferred to,
    and held in trust by, the Secretary of the Interior on the
    following conditions:
                (1) Responsibility for damage.--The Secretary shall
            not be responsible for any damage to the land caused by
            flooding, sloughing, erosion, or other changes to the
            land caused by the operation of any project of the
            Pick-Sloan Missouri River Basin program (except as
            otherwise provided by Federal law).
                (2) Hunting and fishing.--Nothing in this title
            affects jurisdiction over the land and waters below the
            exclusive flood pool and within the external boundaries
            of the Cheyenne River Sioux Tribe and Lower Brule Sioux
            Tribe reservations. The State of South Dakota, the
            Lower Brule Sioux Tribe, and the Cheyenne River Sioux
            Tribe shall continue to exercise, in perpetuity, the
            jurisdiction they possess on the date of enactment of
            this Act with regard to those lands and waters. The
            Secretary may not adopt any regulation or otherwise
            affect the respective jurisdictions of the State of
            South Dakota, the 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 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 theNational
    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
                            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--
                                                        (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. 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--
                (1) 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
                (2) 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 2003st.
                        (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;
                                        (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;
                    and
                        (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 andensures 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 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 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
                        (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
                (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 fiscalyears 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 airinterdiction 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, 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 overseas investigations.
        (b) Department of State.--Funds are authorized to be
    appropriated for the Department of State for fiscal year 1999,
    2000, and 2001 for the deployment of commercial unclassified
    intelligence and imaging data and a Passive Coherent Location
    System for counternarcotics and interdiction purposes in the
    Western Hemisphere, the total amount of $20,000,000.
        (c) Department of the Treasury.--Funds are authorized to be
    appropriated for the United States Customs Service for fiscal
    years 1999, 2000, and 2001 for enhancement of counternarcotic
    operations in drug transit and source countries in the total
    amount of $71,500,000 which shall be available for the
    following purposes:
                (1) For refurbishment of up to 30 interceptor and
            Blue Water Platform vessels in the Caribbean maritime
            fleet.
                (2) For purchase of up to 9 new interceptor vessels
            in the Caribbean maritime fleet.
                (3) For the hire and training of up to 25 special
            agents for maritime operations in the Caribbean.
                (4) For purchase of up to 60 automotive vehicles
            for ground use in South Florida.
                (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.

                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 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 dispute 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.
        (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
    AgencyBoard 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 orto 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
                (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
    suchperson'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.
        (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 determininga 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.

                          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--
                                (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 actwithin 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 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 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.''.
                (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 thebasis 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) 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 ArmedForces 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 (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 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.
                (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 drugsthrough
    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;
              (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 G--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.
    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.

    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

                (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.'';
                (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.

                 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 promotionof
    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 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 officestransferred 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 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
    Secretaryof 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
                        (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
    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.

                             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
                (2) not later than the date of abolition of USIA,
            all personnel and positions of USIA,
    shall be transferred to the Department of State at the same
    grade or class and the same rate of basic pay or basic salary
    rate and with the same tenure held immediately preceding
    transfer.
        (b) Transfer of Personnel From AID.--Except as otherwise
    provided in title XIII, not later than the date of transfer of
    any function of AID to the Department of State under this
    subdivision, all AID personnel performing such functions and
    all positions associated with such functions shall be
    transferred to the Department of State at the same grade or
    class and the same rate of basic pay or basic salary rate and
    with the same tenure held immediately preceding transfer.
        (c) Assignment Authority.--The Secretary, for a period of
    not more than 6 months commencing on the effective date of the
    transfer to the Department of State of personnel under
    subsections (a) and (b), is authorized to assign such personnel
    to any position or set of duties in the Department of State
    regardless of the position held or duties performed by such
    personnel prior to transfer, except that, by virtue of such
    assignment, such personnel shall not have their grade or class
    or their rate of basic pay or basic salary rate reduced, nor
    their tenure changed.The Secretary shall consult with the
    relevant exclusive representatives (as defined in section 1002 of the
    Foreign Service Act and in section 7103 of title 5, United States Code)
    with regard to the exercise of this authority. This subsection does not
    authorize the Secretary to assign any individual to any position that
    by law requires appointment by the President, by and with the advice
    and consent of the Senate.
          (d) Superseding Other Provisions of Law.--Subsections (a)
    through (c) shall be exercised notwithstanding any other
    provision of law.

    SEC. 1614. INCIDENTAL TRANSFERS.

          The Director of the Office of Management and Budget, when
    requested by the Secretary, is authorized to make such
    incidental dispositions of personnel, assets, liabilities,
    grants, contracts, property, records, and unexpended balances
    of appropriations, authorizations, allocations, and other funds
    held, used, arising from, available to, or to be made available
    in connection with such functions, as may be necessary to carry
    out the provisions of any title of this subdivision. The
    Director of the Office of Management and Budget, in
    consultation with the Secretary, shall provide for the
    termination of the affairs of all entities terminated by this
    subdivision and for such further measures and dispositions as
    may be necessary to effectuate the purposes of any title of
    this subdivision.

    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
    throughSeptember 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.
                ``(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 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.
        (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 ``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.

                           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 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 disregarding
            the parenthetical matter before subparagraph (A)
            thereof); and
                ``(B) such special agent satisfies the requirements
            of subsection (d) without taking into account any hours
            described in paragraph (2)(B) thereof.
        ``(2) In applying subsection (h) with respect to a special
    agent under this subsection--
                ``(A) any reference in such subsection to `basic
            pay' shall be considered to include amounts designated
            as `salary';
                ``(B) paragraph (2)(A) of such subsection shall be
            considered to include (in addition to the provisions of
            law specified therein) sections 609(b)(1), 805, 806,
            and 856 of the Foreign Service Act of 1980; and
                ``(C) paragraph (2)(B) of such subsection shall be
            applied by substituting for `Office of Personnel
            Management' the following: `Office of Personnel
            Management or the Secretary of State (to the extent
            that matters exclusively within the jurisdiction of the
            Secretary are concerned)'.''.
        (b) Implementation.--Not later than the date on which the
    amendments made by this section take effect, each special agent
    of the Diplomatic Security Service who satisfies the
    requirements of subsection (k)(1) of section 5545a of title 5,
    United States Code, as amended by this section, and the
    appropriate supervisory officer, to be designated by the
    Secretary of State, shall make an initial certification to the
    Secretary of State that the special agent is expected to meet
    the requirements of subsection (d) of such section 5545a. The
    Secretary of State may prescribe procedures necessary to
    administer this subsection.
        (c) Technical and Conforming Amendments.--(1) Paragraph (2)
    of section 5545a(a) of title 5, United States Code, is amended
    (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--
                (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 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 until
    submission of the 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.
        (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 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
                    meaning of the term ``national territory''
    asused 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 Laotianrefugees who have
    returned to Laos. The report shall include the following:
                (1) A full investigation, including full
            documentation of individual cases of persecution, of
            the Lao Government's treatment of Hmong and Laotian
            refugees who have returned to Laos.
                (2) The steps the Department of State will take to
            continue to monitor any systematic human rights
            violations by the Government of Laos.
                (3) The actions which the Department of State will
            take to seek to ensure the cessation of human rights
            violations.

    SEC. 2807. REPORT ON AN ALLIANCE AGAINST NARCOTICS TRAFFICKING IN THE
                        WESTERN HEMISPHERE.

        (a) Sense of Congress on Discussions for Alliance.--
                (1) Sense of congress.--It is the sense of Congress
            that the President should discuss with the
            democratically-elected governments of the Western
            Hemisphere, the prospect of 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
    theTreaty 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
                (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
                    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.
          (F) Dialkyl (Me, Et, n-Pr or i-Pr) N,N-dialkyl (Me, Et,
    n-Pr or i-Pr)-phosphoramidates.
          (G) arsenic trichloride.
          (H) 2,2-Diphenyl-2-hydroxyacetic acid.
          (I) Quinuclidine-3-ol.
          (J) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethyl-2-
    chlorides and corresponding protonated salts.
          (K) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-ols
    and corresponding protonated salts
          Exemptions: N,N-Dimethylaminoethanol and corresponding
    protonated salts N,N-Diethylaminoethanol and corresponding
    protonated salts.
          (L) N,N-Dialkyl (Me, Et, n-Pr or i-Pr) aminoethane-2-
    thiols and corresponding protonated salts.
          (M) Thiodiglycol: Bis(2-hydroxyethyl)sulfide.
          (N) Pinacolyl alcohol: 3,3-Dimethylbutane-2-ol.
          (12) Schedule 3 chemical agent.--The term `Schedule 3
    chemical agent' means any of the following, together or
    separately:
          (A) Phosgene: carbonyl dichloride.
          (B) Cyanogen chloride.
          (C) Hydrogen cyanide.
          (D) Chloropicrin: trichloronitromethane.
          (E) Phosphorous oxychloride.
          (F) Phosphorous trichloride.
          (G) Phosphorous pentachloride.
          (H) Trimethyl phosphite.
          (I) Triethyl phosphite.
          (J) Dimethyl phosphite.
          (K) Diethyl phosphite.
          (L) Sulfur monochloride.
          (M) Sulfur dichloride.
          (N) Thionyl chloride.
          (O) Ethyldiethanolamine.
          (P) Methyldiethanolamine.
          (Q) Triethanolamine.
          (13) Toxic chemical.--
          (A) In general.--The term ``toxic chemical'' means any
    chemical which through its chemical action on life processes
    can cause death, temporary incapacitation or permanentharm 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, towaive 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.
        (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 inwriting 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 ofRepresentatives 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 losses 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--
                ``(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.
                        ``(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.
                (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 Conventionby
    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
                                (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 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 forthe 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 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 J--REVENUES AND MEDICARE

    SEC. 1000. SHORT TITLE; AMENDMENT OF 1986 CODE; TABLE OF CONTENTS.

        (a) Short Title.--This division may be cited as the ``Tax
    and Trade Relief Extension Act of 1998''.
        (b) Amendment of 1986 Code.--Except as otherwise expressly
    provided, whenever in this division an amendment or repeal is
    expressed in terms of an amendment to, or repeal of, a section
    or other provision, the reference shall be considered to be
    made to a section or other provision of the Internal Revenue
    Code of 1986.
        (c) Table of Contents.--

                        DIVISION J--REVENUES AND MEDICARE

    Sec. 1000. Short title; amendment of 1986 Code; table of contents.

       TITLE I--EXTENSION AND MODIFICATION OF CERTAIN EXPIRING PROVISIONS

                           Subtitle A--Tax Provisions

    Sec. 1001. Research credit.
    Sec. 1002. Work opportunity credit.
    Sec. 1003. Welfare-to-work credit.
    Sec. 1004. Contributions of stock to private foundations; expanded
              public inspection of private foundations' annual returns.
    Sec. 1005. Subpart F exemption for active financing income.
    Sec. 1006. Disclosure of return information on income contingent student
              loans.

                          Subtitle B--Trade Provisions

    Sec. 1011. Extension of duty-free treatment under Generalized System of
              Preferences.
    Sec. 1012. Trade adjustment assistance.

                         TITLE II--OTHER TAX PROVISIONS

                 Subtitle A--Provisions Relating to Individuals

    Sec. 2001. Nonrefundable personal credits fully allowed against regular
              tax liability during 1998.
    Sec. 2002. 100 percent deduction for health insurance costs of self-
              employed individuals.
    Sec. 2003. Modification of estimated tax safe harbors.

                   Subtitle B--Provisions Relating to Farmers

    Sec. 2011. Income averaging for farmers made permanent.
    Sec. 2012. Production flexibility contract payments.
    Sec. 2013. 5-year net operating loss carryback for farming losses.

                      Subtitle C--Miscellaneous Provisions

    Sec. 2021. Increase in volume cap on private activity bonds.
    Sec. 2022. Depreciation study.
    Sec. 2023. Exemption for students employed by State schools, colleges,
              or universities.

                           TITLE III--REVENUE OFFSETS

    Sec. 3001. Treatment of certain deductible liquidating distributions of
              regulated investment companies and real estate investment
              trusts.
    Sec. 3002. Inclusion of rotavirus gastroenteritis as a taxable vaccine.
    Sec. 3003. Clarification and expansion of mathematical error assessment
              procedures.
    Sec. 3004. Clarification of definition of specified liability loss.

                         TITLE IV--TECHNICAL CORRECTIONS

    Sec. 4001. Definitions; coordination with other subtitles.
    Sec. 4002. Amendments related to Internal Revenue Service Restructuring
              and Reform Act of 1998.
    Sec. 4003. Amendments related to Taxpayer Relief Act of 1997.
    Sec. 4004. Amendments related to Tax Reform Act of 1984.
    Sec. 4005. Amendments related to Uruguay Round Agreements Act.
    Sec. 4006. Other amendments.

                      TITLE V--MEDICARE-RELATED PROVISIONS

                             Subtitle A--Home Health

    Sec. 5101. Increase in per beneficiary limits and per visit payment
              limits for payment for home health services.

                  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)''.
                (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,
                            thecountry 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--
                                ``(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
                        ``(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 orbranch, 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:

    ``For taxable years The applicable percentage is--
        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:

        ``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:

      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.--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:
            ``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'' inthe 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 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 undersection 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 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 qualifiedprize 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. 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.

         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.

                           National Appeals Division

          The conference agreement provides $11,718,000 for the
    National Appeals Division as proposed by the Senate instead of
    $12,204,000 as proposed by the House.

                     Office of Budget and Program Analysis

          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 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
    Peach 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,
          Leetown................................................. 2,000,000
                        --------------------------------------------------------------
                        ____________________________________________________

          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.
          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
        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) and 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]

      Pest and disease exclusion:                       Conference agreement
        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 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 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.
            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)
                Telecommunications 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.
          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 and that
    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 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
    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 theban 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.
          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) through (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 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.

                       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
        year 1999...........................................  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,
          fiscal year 1999..................................  +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 derivedfrom 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 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 ofSpecial 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.
          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, 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 forthe 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
    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 combatmethamphetamine
    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 relatedInformation 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 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
    fromwithin 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.
          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 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
    asevidenced 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.
          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 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.
          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 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 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
    uponstrategies 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 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 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 recordkeeping violations with regard to
    legitimate law enforcement needs and the need to provide relief
    from enforcement policies which impose relatively high
    financial penalties for recordkeeping violations. In assessing
    whether to pursue civil penalties and determining the
    appropriate amount of the fine to be assessed associated with
    recordkeeping violations, the Attorney General should take into
    account the following: whether diversion actually occurred or
    if the recordkeeping 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 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 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.
          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 costs 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) an additional $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 necessaryauthorization 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 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 thisaccount 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
                                                    ----------------------------------------------------------------
          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   ...........  ...........
                                                    ----------------------------------------------------------------
          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
                                                    ================================================================
                    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...................     322,415      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 pfiesteria and
    other harmful algal bloom research and monitoring, of which
    $500,000 is for research on the impact of pfiesteria 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 pfiesteria, 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 $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, pfiesteria, 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 currentlaw. 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 theInternational
    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.
          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 activities 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 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 theHouse
    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.
          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 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

                       Administration of Foreign Affairs

                        Diplomatic and consular programs

          The conference agreement includes a total of
    $1,644,300,000 for Diplomatic and Consular Programs, instead of
    $1,657,890,000 as included in the House bill and $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, $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 that purpose was included in both House and
    Senate bills. The reason for this deletion is that the National
    Defense Authorization Act for fiscal year 1999 contained a
    provision making those fees a permanent, indefinite
    appropriation, which means those fees will be available without
    separate appropriation action. Note 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 scrutinyof 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 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 ofthis 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 provideequipment, 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.
          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 fundswill 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.

                        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 surrogatebroadcasting 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
    PalestinianBroadcasting 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 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
    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 Committees 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
    availablefrom Fiscal Year 1998. These actions result in a final
    appropriated level of $10,179,000, instead of $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 necessaryexpenses 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 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 NationalOceanic
    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 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 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
        year 1999...........................................  38,071,468,000
    House bill, fiscal year 1999............................  33,977,221,000
    Senate bill, fiscal year 1999...........................  33,238,790,000
    Conference agreement, fiscal year 1999..................  34,199,704,000
    Conference agreement compared with:
        New budget (obligational) authority, fiscal year
          1998..............................................  +2,075,797,000
        Budget estimates of new (obligational) authority,
          fiscal year 1999..................................  -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 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. 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 and 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 beincorporated 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. 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 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 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, 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 rentalor 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).
          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 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 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
                                    ========================================
      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
         Expenditures..............  ............      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   ...........       41,660
    ------------------------------------------------------------------------
    \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 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 than 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 have prohibited 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 made it unlawful for individuals under 18
    years of age to possess any cigarette or other tobacco product
    in the District of Columbia and would have imposed 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:

                       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 year 1999..................................     486,200,000
        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 year 1999...................      +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,
          fiscal year 1999..................................   6,767,679,737
        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 (obligational) authority, fiscal year
              1998..........................................  +1,827,201,737
            Budget estimates of new (obligational)
              authority, fiscal year 1999...................     +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.
          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 Mc Connell 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.

                                     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 humanitarianprograms 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 representatives 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 Penh 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. Theconferees 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 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 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 doesnot 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 toincrease 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 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 receiveexcess 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 agreement 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 obligation of funds for this purpose, the
    Secretary of State shall inform the Committees on
    Appropriations of her intent to obligate these funds. The
    conferees note that this language is 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 Warin 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
    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 continueto 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
    instead of $47,500,000 as proposed by the Senate 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 a report to the Committee on Appropriations. This
    requirement is not intended to trigger the provisions of
    section 634A(c) of the Foreign Assistance Act.

                   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 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 Senateexempting 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 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 at 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 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 the 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 use under that 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.
          The conferees support an expansion of current efforts by
    the Administration to contribute to humanitarian, economic and
    politicalprograms 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 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 redacted. 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
    fundinterest 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 the 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 House 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.

             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
        year 1999...........................................  31,985,044,980
    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 (obligational) authority, fiscal year
          1998.............................................. +18,117,146,900
        Budget estimates of new (obligational) authority,
          fiscal year 1999..................................    -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.
          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 $3,000,000 for
    program activities associated with the clean water initiative,
    $300,000 for Washington salmon enhancement and $250,000 for
    Hawaii ESA communityconservation 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 isexpected 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
    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, $1,000,000 of which was recently
    provided from fiscal year 1998 Title Vmoney 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 fromthe
    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 theService 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 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
        Commission..........................................         239,000
    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 Committees 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 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, thenew
    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 Archives.

                                  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 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.

                        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.

                        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 Committees have provided $5,000,000 for fishing
    buyouts in Glacier 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.

                            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 thatconsultation 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
    percent 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.
          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 Park 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 legacyprogram 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 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 isterminated, 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.
          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
    Recreation 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 is
    provided 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.

                                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 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 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 Fund. 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
    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 foradvanced 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 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 fortelemedicine 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 need, $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 andenvironmental 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.

                            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.

                      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 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 thegovernment 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 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 ofthe 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 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 inthe 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 606(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
    ownscheckerboard lands in 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 late 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 counties, 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) moneys,
    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 I-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.

                                   TITLE VII

          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 the 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
        year 1999...........................................  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 year 1999..................................    -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 (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 thatthe 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 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 theirpension 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.
          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 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.
          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.
          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.

                     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 expeditious
    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.
          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 grant, 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
    continuedemonstration 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.
          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 significantproportion 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
          --$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 $193,902,000,
    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; fund
    cooperative agreement grantees to work with states to
    strengthen and monitor state, local and territorial plans 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 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.
          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
    undeserved 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 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 issue, 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 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 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 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 problems 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 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
    fordisciplinary 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 conference report
    encourages 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
        programs............................................      $5,000,000
    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 to
    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;
          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 Amendments
    of 1998. 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 Act.
    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 Act.
          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 higher 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
    $1,500,000 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 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 $664,867,000 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 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 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 allocationsmade 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.

                      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 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 comparisons:

                       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...$262,257,417,000
    Budget estimates of new (obligational) authority, fiscal
        year 1999........................................... 286,606,839,000
    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,
          fiscal year 1999..................................  +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. Thedepartment 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.

             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
        assistance..........................................      $1,000,000
    2001 Special Olympics World Summer Games planning and
        assistance..........................................         900,000
    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
    incorporatingpropagation 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:

                                             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 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
    Aircraft................................        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-25 SLAR 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                 0
    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         5,500,000         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
        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 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     $4,380,866,000
        Adjustments to budget estimate:
            Air traffic--NAS handoff.......................        -4,600,000                  0         -4,600,000
            Air traffic--aeronautical charting.............        -5,000,000                  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         49,854,000         49,854,000
        Adjustments 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
                                                            ========================================================
      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.
          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
    ----------------------------------------------------------------------------------------------------------------
      Engineering 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 (STARS).................         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
    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:

    ----------------------------------------------------------------------------------------------------------------
                                                                                                        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:
        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 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       1,164,000       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       1,787,000       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 a substantial 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.
          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
    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 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, Alaska............       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,
        Montana.............................................       2,000,000
    Glacier National Park, Going-to-the-Sun Road engineering
        study, Montana......................................       1,000,000
    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 93 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
    statewould 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
    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 systems..................................       -$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 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 alllocomotives 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 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
    managementtools, 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,
        Nevada..............................................       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 technology.................................         750,000
    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 system......................................       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 TEA21
    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. 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 buses...................................       3,000,000
        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 Center....................................       1,250,000
        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 applications..................................       1,000,000
        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 facilities................................       1,000,000
        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 equipment.................................       1,250,000
        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 buses.........................................       3,500,000
    Hawaii: Honolulu, bus facility and buses................       3,250,000
    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 City buses..................................       3,000,000
        Northern Kentucky Area Development District senior
          citizen buses.....................................         100,000
        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 buses.....................................       1,900,000
        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
          improvements......................................       1,250,000
        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 replacement...................................       1,250,000
        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
        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 buses...................................       1,000,000
        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 Disabled..............................         750,000
        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 canopy project...............................       1,000,000
        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, $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
        investment study....................................         500,000
    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 project..................................       3,000,000
    Chicago Metro commuter rail extensions and upgrades
        projects............................................       6,000,000
    Chicago Transit Authority Ravenswood and Douglas branch
        lines projects......................................       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 project...         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 project.........................................       1,000,000
    Hartford, Connecticut light rail project................       1,500,000
    Honolulu, Hawaii major investment analysis of transit
        alternatives........................................       3,000,000
    Houston advanced regional transit program...............       2,000,000
    Houston Regional Bus project............................      59,670,000
    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
        project.............................................       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
        options MIS.........................................       1,000,000
    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 project........................................       5,000,000
    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
    St. Louis-Jefferson City-Kansas City, Missouri commuter
        rail project........................................         500,000
    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 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
        development.........................................       +$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 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 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 ofdecision 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 IllegalImmigration 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 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
        year 1999...........................................  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 with:
        New budget (obligational) authority, fiscal year
          1998..............................................  +1,011,590,234
        Budget estimates of new (obligational) authority,
          fiscal year 1999..................................    +321,718,000
        House bill, fiscal year 1999........................      -2,710,900
        Senate bill, fiscal year 1999.......................     +15,065,431

      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 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, itmust 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 and 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 GangResistance 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 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 $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.

                   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 bythe 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 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 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 providecapabilities 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
    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
    findingsto 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 thatthe 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 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 PresidentReagan. 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 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 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 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).
          Sec. 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 section
    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
        year 1999...........................................  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 year 1999..................................     -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 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 Intermodal 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
    Islands 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 States
    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. 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
                        ========================================================
                        ____________________________________________________
    PERSTEMPO 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

                        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 threatduring
    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 their 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 for emergency expenses incurred at U.S. military
    facilities or installations as a result of storm 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--Keesler 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.

                                   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 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 provide assistance to civil
    authorities in conducting detailed equipment needs assessments
    and procuring or loaning basic 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 $3,680,000 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

          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 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 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 $2,250,000,000 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 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
    Alternative 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 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
        Bolivia.............................................     $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.
          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 problem.
          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 Prisons of the 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 that 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 are given the
    same opportunities under the Act as able-bodied 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 Administration 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 non-compliance; (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 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.
    ---------------------------------------------------------------------------
        \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.
    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\
    ---------------------------------------------------------------------------
        \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.
    ---------------------------------------------------------------------------
          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 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 legislative 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 persons to request a copy of particular 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 national 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 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 followingsignificant 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.'' 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 suchCFC 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 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 ofits 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 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 orannuity 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.
          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.
                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 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 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:

                                                               Calendar year
    Volume limit:
        $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.

       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.

     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
    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.

      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.