[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.
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\1\ All references to the ``House bill'' are to H.R. 4738, as
passed by the House of Representatives on October 12, 1998.
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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.
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\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)).
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In cases involving contributions to a private foundation
(other than certain private operating foundations), the amount
of the deduction is limited to the taxpayer's basis in the
property. However, under a special rule contained in section
170(e)(5), taxpayers are allowed a deduction equal to the fair
market value of ``qualified appreciated stock'' contributed to
a private foundation prior to July 1, 1998. Qualified
appreciated stock is defined as publicly traded stock which is
capital gain property. The fair-market-value deduction for
qualified appreciated stock donations applies only to the
extent that total donations made by the donor to private
foundations of stock in a particular corporation did not exceed
10 percent of the outstanding stock of that corporation. For
this purpose, an individual is treated as making all
contributions that were made by any member of the individual's
family.
House bill
The House bill extends permanently the special rule
contained in section 170(e)(5).
Effective date.--The provision is effective for
contributions of qualified appreciated stock to private
foundations made on or after July 1, 1998.
Senate amendment
No provision. However, S. 2622, as introduced by Senators
Roth and Moynihan, contains a provision that is similar to the
provision contained in the House bill. The provision in S. 2622
extends the special rule contained in section 170(e)(5) for one
year--for contributions of qualified appreciated stock made to
private foundations during the period July 1, 1998, through
June 30, 1999.
Conference agreement
The conference agreement follows the House bill.
2. Public inspection of private foundation annual returns (sec. 104(b)
of the House bill and secs. 6104 (d) and (e) of the Code)
Present law
Tax-exempt organizations (other than churches and certain
small organizations) are required to file an annual information
return (Form 990) with the Internal Revenue Service (``IRS''),
setting forth the organization's items of gross income and
expenses attributable to such income, disbursements for tax-
exempt purposes, plus certain other information for the taxable
year.
Private foundations are required to make the current
year's annual information return (Form 990-PF) available for
public inspection at the foundation's principal office during
regular business hours (sec. 6104(d)). Such return must be made
available for inspection by any citizen on request made within
180 days after the date of publication of notice of its
availability. Notice must be published, not later than the day
the return is required to be filed, in a newspaper having
general circulation in the county in which the principal office
of the foundation is located. The notice must state that the
annual return is available for public inspection by any citizen
who requests it, and must state the address and telephone
number of the private foundation's principal office and the
name of its principal manager.
Tax-exempt organizations (other than private foundations)
that are required to file a Form 990, including public
charities, are required to allow public inspection at the
organization's principal office (and certain regional or
district offices) of their Forms 990 for the three most recent
taxable years (sec. 6104(e)).
The Taxpayer Bill of Rights 2 imposed additional public
inspection requirements on tax-exempt organizations. All tax-
exempt organizations, except private foundations, will be
required to comply with requests made in person or in writing
by individuals who seek a copy of the organization's Form 990
for any of the organization's three most recent taxable years.
Upon such a request, the organization is required to supply
copies without charge other than a reasonable fee for
reproduction and mailing costs. If the request for copies is
made in person, then the organization must immediately provide
such copies. If the request for copies is made in writing,then
copies must be provided within 30 days. In addition, all tax-exempt
organizations, including private foundations, will be required to
comply in the same manner with requests made in person or in writing by
individuals who seek a copy of the organization's application for
recognition of tax-exempt status and certain related documents.
However, an organization may be relieved of its obligation to provide
copies if, in accordance with regulations to be promulgated by the
Secretary of Treasury, (1) the organization has made the requested
documents widely available or (2) the Secretary of the Treasury
determined, upon application by the organization, that the organization
was subject to a harassment campaign such that a waiver of the
obligation to provide copies would be in the public interest. These
additional public inspection provisions apply to requests made no
earlier than 60 days after the date on which the Treasury Department
publishes regulations defining when requested documents have been made
widely available or when a request is part of a harassment campaign.\3\
While proposed regulations have been issued, final regulations have not
been published; therefore, the provision is not yet in effect.\4\
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\3\ However, the legislative history of the provision indicates
that Congress expected that organizations will comply voluntarily with
the public inspection provisions prior to the issuance of such final
regulations.
\4\ Prop. Treas. Reg. sec. 301.6104(e)-1.
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Upon written request to the IRS, members of the general
public also are permitted to inspect annual information returns
of tax-exempt organizations and applications for recognition of
tax-exempt status (and related documents) at the National
Office of the IRS in Washington, D.C. A person making such a
written request is notified by the IRS when the material is
available for inspection at the National Office, where notes
may be taken of the material open for inspection, photographs
taken with the person's own equipment, or copies of such
material obtained from the IRS for a fee (Treas. Reg. secs.
301.6104(a)-6 and 301.6104(b)-1).
House bill
Under the House bill, private foundations are subject to
the public inspection requirements that currently apply to
public charities and all other tax-exempt organizations that
file annual information returns. Accordingly, private
foundations will be required to 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\
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\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).
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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.
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\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).
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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.
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\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.
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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.
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\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.
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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).
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\9\ For this purpose, the term ``farming business'' is defined as
in sec. 263A(e)(4).
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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.
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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.